Queensland Building and Construction Commission Regulation 2018 (Qld)

Queensland Building and Construction Commission Regulation 2018

Part 1    Preliminary

1   Short title

This regulation may be cited as the Queensland Building and Construction Commission Regulation 2018.

2   Commencement

This regulation commences on 1 September 2018.

Part 2    Interpretation

3   Dictionary

The dictionary in schedule 8 defines particular words used in this regulation.

4   Number of storeys of buildings

For deciding the number of storeys of a building, other than for section 67WE(1)(c) of the Act, the lowest storey is not counted if it consists mainly of a car park.

Note—

For calculating the number of storeys for section 67WE(1)(c) of the Act, see also section 29.

5   Work that is not building work—Act, sch 2, definition building work

(1)For schedule 2 of the Act, definition building work, work stated in schedule 1 is not building work.

(2)To remove any doubt, it is declared that subsection (1) does not stop applying to work stated in schedule 1 merely because the work is carried out in combination with other work stated in schedule 1.

6   Licensed builder—Act, sch 2, definition licensed builder

For schedule 2 of the Act, definition licensed builder, a person is a licensed builder if the person is the holder of a builder contractor’s licence.

6AA   Work that is not fire protection work—Act, s 30CA

For section 30CA(2)(b) of the Act, work of a type stated in schedule 1AA is prescribed not to be fire protection work.

6A   Work that is not mechanical services work—Act, sch 2, definition mechanical services work

For schedule 2 of the Act, definition mechanical services work, paragraph (k), the work mentioned in schedule 1A is prescribed.

6B   Meaning of occupational licence—Act, sch 2, definition occupational licence

For schedule 2 of the Act, definition occupational licence, paragraph (a), the following Acts are prescribed—

(a)the Plumbing and Drainage Act 2018;

(b)the Petroleum and Gas (Production and Safety) Act 2004, to the extent it applies to gas work as defined under that Act;

(c)the Medicines and Poisons Act 2019, to the extent it applies to a pest control activity as defined under that Act.

7   Scope of work for a licence—incidental work of another class

(1)This section applies if, for a licence class under schedule 2 (the relevant class), the scope of work for the class includes incidental work of another class.

(2)A licensee under the relevant class may carry out, or engage another person to carry out, building work with a total value of $3,300 or less—

(a)that is within the scope of work under a licence class other than the relevant class; and

(b)that is incidental to building work being carried out under the relevant class; and

(c)that is—

(i)for work for which an occupational licence, fire protection licence or mechanical services licence is required—carried out by a licensee who holds a licence to carry out the work; or

(ii)otherwise—carried out by the licensee or a licensee who holds a licence to carry out the work.

(3)To remove any doubt, a licensee under the relevant class may do the following—

(a)personally carry out work mentioned in subsection (2)(c)(ii);

(b)engage a person who holds an appropriate licence to carry out work mentioned in subsection (2)(c)(i) or (ii).

7A   Meaning of certify in relation to fire protection equipment

(1)Certify, in relation to fire protection equipment of a stated type, for schedule 2, parts 22A to 31 and schedule 3, means—

(a)prepare a certificate stating that, after a person carries out an annual survey of the equipment, it is considered no changes have affected the equipment that would cause it not to meet any of its design requirements; or

(b)prepare 1 or more certificates relating to either or both of the following matters—

(i)the installation of the equipment;

(ii)whether the equipment meets its design requirements.

(2)If 2 or more certificates are prepared for fire protection equipment under subsection (1)(b), the certificates need not be prepared by the same person.

(3)For subsection (1)(a), the person who prepares the certificate need not be the person who carries out the annual survey.

(4)In this section—

certificate includes a statement and record, however called.

survey means a visual inspection of fire protection equipment to identify if the equipment has been altered, damaged or compromised.

Part 3    Licences

Division 1 Classes of licences

8   Classes of contractor’s licence—Act, s 30

Contractors’ licences are divided into the classes stated in schedule 2.

Note—

For classes of contractors’ licences that are continued for section 30E of the Act, see sections 78 to 80 and schedule 7A, parts 1 to 3.

9   Classes of nominee supervisor’s licence—Act, s 30A

Nominee supervisors’ licences are divided into the classes stated in schedule 2.

Note—

For classes of nominee supervisors’ licences that are continued for section 30E of the Act, see sections 79 and 80 and schedule 7A, parts 2 and 3.

10   Classes of site supervisor’s licence—Act, s 30B

Site supervisors’ licences are divided into the classes stated in schedule 2 other than the classes stated in any of parts 22A to 33.

11   Classes of fire protection occupational licence—Act, s 30C

Fire protection occupational licences are divided into the classes stated in schedule 3.

Note—

For classes of fire protection occupational licences that are continued for section 30E of the Act, see section 81 and schedule 7A, part 4.

11A   Classes of mechanical services occupational licence—Act, s 30D

Mechanical services occupational licences are divided into the classes stated in schedule 3A.

Division 2 Entitlement to licences

12   Qualifications and experience for contractor’s licence—Act, s 31

(1)For section 31(1)(b) of the Act, the qualifications and experience in relation to a licence are the qualifications and experience stated in schedule 2 for the relevant class of licence.

(2)Also, for a class of licence other than a class mentioned in schedule 2, any of parts 18, 19, 22A to 33, 36 and 56, a combination of 2 or more of the following is a qualification for the class if the commission is satisfied the combination is at least equivalent to the required competency for the class—

(a)successful completion of an apprenticeship;

(b)a recognition certificate;

(c)a qualification or statement of attainment of the required competency for any class of licence mentioned in schedule 2;

(d)a written statement issued by an approved authority that the individual has the required competency for the class of licence.

(3)In this section—

approved authority means—

(a)a registered training organisation; or

(b)another entity approved by the commission.

recognition certificate means a recognition certificate issued under the repealed Vocational Education, Training and Employment Act 2000, that has not been cancelled.

required competency, for a class of licence, means units of competency approved by the commission as the minimum technical requirements for the class.

statement of attainment means a VET statement of attainment under the National Vocational Education and Training Regulator Act 2011 (Cwlth).

13   Qualifications and experience for nominee supervisor’s licence—Act, s 32

For section 32(1)(a) of the Act, the qualifications and experience for a nominee supervisor’s licence are the technical qualifications, managerial qualifications, if any, and experience stated in schedule 2 for the relevant class of licence.

14   Qualifications for site supervisor’s licence—Act, s 32AA

For section 32AA(1)(a) of the Act, the qualifications for a site supervisor’s licence are the technical qualifications stated in schedule 2 for the relevant class of licence.

15   Qualifications for fire protection occupational licence—Act, s 32AB

For section 32AB(1)(a) of the Act, the qualifications for a fire protection occupational licence are the technical qualifications stated in schedule 3 for the relevant class of licence.

15A   Qualifications for mechanical services occupational licence—Act, s 32AB

For section 32AB(1)(a) of the Act, the qualifications for a mechanical services occupational licence are the technical qualifications stated in schedule 3A for the relevant class of licence.

Division 3 Grant of licences

16   Applications for licence—Act, s 33

(1)For section 33(1)(a) of the Act, an application for a licence must—

(a)be made to the commission; and

(b)be accompanied by—

(i)the relevant documentary evidence; and

(ii)for an application for a contractor’s licence—the matters required under the minimum financial requirements; and

(iii)the licence application fee and licence fee stated in schedule 7.

(2)For section 33(1)(b)(i) of the Act, the way prescribed is certified by a qualified witness as a true likeness of the applicant.

(3)The applicant or, if the applicant is a company, an officer of the company must, at the request of the commission—

(a)attend an interview with an officer of the commission to answer questions and provide information about the application; and

(b)provide the commission with any further evidence it reasonably requires to decide the application.

(4)If the applicant, or the officer, does not, without a reasonable excuse, attend an interview or provide evidence required under this section, the commission may reject the application on that ground.

(5)Subsection (6) applies to an application if—

(a)the applicant is a company; and

(b)the commission is satisfied the company’s main object is to conduct training for persons to undertake building work.

(6)Payment of the application fee and the licence fee for the application is waived.

(7)In this section—

qualified witness means—

(a)a lawyer; or

(b)a justice; or

(c)a commissioner for declarations under the Justices of the Peace and Commissioners for Declarations Act 1991; or

(d)a notary public; or

(e)for an application personally lodged at an office of the commission—an officer of the commission.

relevant documentary evidence means documentary evidence, satisfactory to the commission, of—

(a)for an application for a contractor’s licence—

(i)if the applicant is an individual—the applicant’s identity, qualifications and experience; or

(ii)if the applicant is a company—the identity, qualifications and experience of the applicant’s executive officers and nominee; or

(b)for an application for a nominee supervisor’s licence—the applicant’s identity, qualifications and experience; or

(c)for an application for a site supervisor’s licence—the applicant’s identity and qualifications.

17   Applications for renewal of licence—Act, s 37B

(1)For section 37B(2) of the Act, the licence fee for a renewal of a licence must be paid at or before 4.30p.m. on the day the licence is due to expire.

(2)Payment of the licence fee for a renewal of a licence is waived if—

(a)the licensee is a company; and

(b)the commission is satisfied the company’s main object is to conduct training for persons to undertake building work.

Division 4 Miscellaneous

18   Fire protection work—Act, s 42C

(1)For section 42C(2)(a) of the Act, the fire protection work mentioned in schedule 4, column 1 is prescribed.

(2)For section 42C(2)(b) of the Act, the technical qualifications mentioned in schedule 4, column 2 are prescribed for the fire protection work mentioned in schedule 4, column 1.

18A   Circumstances prescribed for exemption from Act, s 42C(1)—Act, s 42C

(1)This section applies if, immediately before the commencement, a person was carrying out work (the relevant work) that, on the commencement, would be within the scope of work for a relevant fire protection occupational licence.

(2)For section 42C(3A) of the Act, the circumstances prescribed are—

(a)the person carried out the relevant work for an appropriately licensed contractor before the commencement; and

(b)the person continues to carry out the relevant work for an appropriately licensed contractor from the commencement; and

(c)the person applies for the relevant fire protection occupational licence on or before the required application day for the licence; and

(d)the person’s application mentioned in paragraph (c) has not been withdrawn or decided.

(3)In this section—

appropriately licensed contractor, in relation to relevant work, means a person who—

(a)holds a contractor’s licence authorising the person to carry out the relevant work; or

(b)is otherwise authorised under an Act to carry out the relevant work.

relevant fire protection occupational licence means a fire protection occupational licence of a class mentioned in—

(a)schedule 3, part 1A, section 1(1), (3), (4) or (5); or

(b)schedule 3, part 5, section 1(1); or

(c)schedule 3, part 10, section 1(1).

required application day means—

(a)for the relevant fire protection occupational licence mentioned in schedule 3, part 1A, section 1—1 May 2030; or

(b)for another relevant fire protection occupational licence—1 May 2024.

19   Refund of licence fee

(1)The commission may refund the unexpired part of the licence fee paid by a licensee if—

(a)the licensee surrenders the licence before the expiry day for the licence; or

(b)the licensee dies during the licence period.

(2)The unexpired part is the amount worked out using the formula—      where—

LF means the licence fee paid by the licensee, whether for a 1 year or a 3 year period.

WM means the number of whole months before the expiry date for the licence.

Y means the number of years for which the licence was renewed.

(3)For subsection (2), a whole month means a month beginning on the day of the calendar month on which the licence was issued and ending on the day before the corresponding day of the next calendar month.

Examples of a whole month—

•for a licence issued on 1 September in a year—a month beginning on the first day of any month and ending on the last day of that month

•for a licence issued on 7 March in a year—a month beginning on the seventh day of any month and ending on the sixth day of the next month

Part 4    Owner-builder permits

20   Prescribed course—Act, s 43D, definition owner-builder course

For section 43D of the Act, definition owner-builder course, the course prescribed is the Course in Preparation for Owner Builder Permit 10274NAT or a course the commission considers is at least equivalent to that course.

21   Exceptional circumstances for granting application for owner-builder permit—Act, s 44B

For section 44B(4)(a) of the Act, the following are exceptional circumstances—

(a)the work to be carried out would help an applicant who is suffering from a serious medical condition;

(b)the work to be carried out would help a person who is living with the applicant and suffering from a serious medical condition;

(c)the work to be carried out would help an applicant who is suffering severe financial hardship;

(d)the work to be carried out would help a person who is living with the applicant and suffering severe financial hardship.

22   Warnings—Act, s 47

(1)The notice to be given to a prospective purchaser of land under section 47(1) of the Actmust—

(a)state that building work detailed in the notice has been carried out under an owner-builder permit by a person named in the notice; and

(b)contain a warning in the following terms—
‘WARNING—THE BUILDING WORK TO WHICH THIS NOTICE RELATES IS NOT COVERED BY INSURANCE UNDER THE QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991.’.

(2)The notice must be given in duplicate, and the purchaser must sign 1 copy of the notice and return it to the vendor on or before signing the contract.

Part 5    Disqualified individuals

23   Demerit offences—Act, s 67AR

For section 67AR of the Act, each of the following is a demerit offence—

(a)an offence against a provision of the Act stated in schedule 5, column 1;

(b)a contravention of a requirement imposed under a provision of the Act stated in schedule 5, column 1.

24   Demerit points—Act, s 67AW

(1)For section 67AW(2)(a) of the Act, the number of points allocated to a demerit offence is the number stated opposite the offence in schedule 5, column 2.

(2)However, each conviction of a person for a demerit offence against section 73 of the Actis allocated a total of 10 demerit points, inclusive of the number of demerit points stated opposite the offence in schedule 5, column 2, if the commission is satisfied the building work to which the offence relates—

(a)is work relating to the structural performance, safety or integrity of a building; or

(b)causes a hazard to public health, public safety or the environment generally; or

(c)causes a person to suffer significant financial loss.

Part 6    Statutory insurance scheme

Division 1 Name of scheme

25   Name of statutory insurance scheme—Act, s 67X

For section 67X(4) of the Act, the name of the statutory insurance scheme is the Queensland Home Warranty Scheme.

Division 2 Work under the scheme

26   Work not covered under the statutory insurance scheme—Act, s 67WB

For section 67WB(1)(f) of the Act, the following work is prescribed—

(a)work on or for a duplex or multiple dwelling if the duplex or multiple dwelling is more than 3 storeys;

Examples for paragraph (a)—

•work for tiling the kitchen in a single residential unit in a 4-storey duplex

•work for renovating the bathroom of a single residential unit in a 10-storey multiple dwelling

(b)work on or for a building used or proposed to be used for a purpose related to the use of a duplex, or proposed duplex, of more than 3 storeys;

(c)work on or for a building used or proposed to be used for a purpose related to the use of a multiple dwelling, or proposed multiple dwelling, of more than 3 storeys;

(d)work on or for a building that is—

(i)on, or proposed to be on, the site of a residence or proposed residence; and

(ii)used, or proposed to be used, primarily for a purpose that is not related to the use of the residence or proposed residence;

(e)work on or for a class 1b, 3, 4, 5, 6, 7b, 8 or 9 building;

(f)work on or for a class 7a building unless the building is, or is proposed to be, used with a class 2 building;

(g)work for the erection, construction or installation of a swimming pool that is, or is proposed to be, used primarily for a purpose that is not related to the use of a residence or proposed residence;

(h)work for the erection, construction or installation of a structure that is not fixed.

Example for paragraph (h)—

work for installing a portable spa pool

27   Primary insurable work—Act, s 67WC

For section 67WC(1)(e) of the Act, the following building work is prescribed—

(a)building work for the renovation, alteration, extension, improvement or repair of the building envelope for a residence or related roofed building;

Examples for paragraph (a)—

•painting an external wall of a residence or related roofed building

•extending the building envelope for a residence by constructing a patio

(b)building work for a structure attached to the external part of a residence or related roofed building if the structure does not have any other supporting structure;

Examples for paragraph (b)—

•an awning or handrail that is attached to a residence and does not have any other supporting structure

•a soffit or cladding

(c)building work for a structure attached to the external part of a residence or related roofed building if the structure is for—

(i)the primary water supply to the residence or related roofed building; or

(ii)sewerage or drainage for the residence or related roofed building; or

(iii)stormwater discharge for the residence or related roofed building;

Examples for paragraph (c)—

•installing a water tank for the primary water supply to a residence

•altering an existing water pipe for the primary water supply to a residence

•repairing a downpipe or gutter that drains stormwater from a related roofed building to a stormwater drain

•extending a sanitary drain that connects a residence to a main of a sewerage system

(d)building work for an elevated platform, including a verandah and deck, that is attached to a residence or related roofed building;

(e)building work for stairs, a ramp or a similar structure providing access to a residence or related roofed building if the stairs, ramp or structure is, or is to be, permanently attached to the residence or related roofed building;

(f)building work for the installation, repair or replacement of support structures for a residence or related roofed building.

Examples for paragraph (f)—

•replacement of a stump for a residence or related roofed building

•installation or repair of a retaining wall that supports a residence or related roofed building

•installation of underpinning for a residence or related roofed building

28   Work that is not primary insurable work—Act, s 67WC

(1)For section 67WC(2)(e) of the Act, the following work is prescribed—

(a)work mentioned in schedule 1, section 26, 29, 30, 32, 36, 40 or 45;

(b)installation of electrical appliances intended to be permanently fixed to a residence or related roofed building;

(c)installation, renovation, repair or replacement of any of the following—

(i)a cubbyhouse;

(ii)a structure for housing animals;

Example for subparagraph (ii)—

a doghouse

(iii)a shade sail or fixed umbrella;

(iv)telephone or data cables;

(v)a water meter;

(vi)a water tank that is not for the primary water supply to a residence or related roofed building;

(d)construction of a slab if—

(i)the slab is not within, or not attached or connected to, the building envelope of a residence or related roofed building; or

(ii)the work for the construction of the slab does not include the erection or construction of a residence, related roofed building or swimming pool on the slab.

(2)In this section—

electrical appliance means an instrument, apparatus or device that is connected to an electricity supply by means of a flexible cord plug and socket outlet.

29   Calculating number of storeys of building—Act, s 67WE

For section 67WE(4) of the Act, the number of storeys of a building is calculated by excluding 1 storey of the building if more than 50% of the floor area of at least 1 storey of the building is designed to accommodate motor vehicles.

Example—

If a building has 3 storeys containing residential units and another storey of which more than 50% of the floor area is designed to accommodate motor vehicles, the number of storeys of the building is 3.

Division 3 Assistance

30   Terms of cover—Act, s 67Y

(1)For section 67Y of the Act, the terms of cover are stated in schedule 6.

(2)The terms of cover apply to the following work—

(a)residential construction work;

(b)work performed by either of the following persons if the work is associated with residential construction work—

(i)an architect in the architect’s professional practice;

(ii)an engineer in the engineer’s professional practice.

(3)The terms of cover under the statutory insurance scheme for residential construction work are the terms of cover stated in schedule 6 when—

(a)if the consumer for the work obtains optional additional cover—the optional additional cover comes into force for the work; or

(b)otherwise—cover under the statutory insurance scheme comes into force for the work.

Note—

See section 68I of the Actfor when cover under the statutory insurance scheme comes into force for residential construction work.

31   Optional additional cover—Act, s 67Z

(1)For section 67Z(4) of the Act, schedule 6 provides for other matters relating to optional additional cover.

(2)For section 67Z(5) of the Act, definition optional additional cover, the additional assistance provided to a person and the additional compensation to be paid under the statutory insurance scheme are stated in schedule 6.

32   Associate of building contractor not entitled to assistance under statutory insurance scheme—Act, s 68

(1)For section 68(4) of the Act, if a building contractor carries out residential construction work, a person who is an associate of the building contractor is not entitled to assistance under the statutory insurance scheme in relation to the work.

(2)In this section—

associate, of a building contractor, means—

(a)if the building contractor is an individual—

(i)the individual’s spouse or child; or

(ii)a person who is a trustee of a trust of which the individual is a trustee or beneficiary; or

(iii)a person who is a trustee of a trust of which an associate of the individual is a trustee or beneficiary; or

(iv)a corporation of which the individual is an executive officer; or

(v)a corporation in which the individual or the individual’s spouse or child holds a controlling interest or is able to substantially influence the corporation’s affairs; or

(b)if the building contractor is a corporation—

(i)an executive officer of the corporation; or

(ii)a person who holds a controlling interest in the corporation or is able to substantially influence the corporation’s affairs; or

Examples for subparagraph (ii)—

•a shareholder with a significant shareholding

•a financier

•a senior employee

•an executive officer of another corporation that holds a controlling interest in the corporation

(iii)the spouse or child of a person mentioned in subparagraph (i), (ii) or (vii); or

(iv)a person who is a trustee of a trust of which the corporation is a trustee or beneficiary; or

(v)a person who is a trustee of a trust of which an associate of the corporation is a trustee or beneficiary; or

(vi)a related body corporate of the corporation; or

(vii)the corporation’s nominee.

building contractor does not include a subcontractor who carries out building work for a building contractor.

related body corporate see the Corporations Act, section 50.

Division 4 Calculating insurable value

33   Application of division—Act, s 68D

This division prescribes, for section 68D(5) of the Act, the way to calculate the insurable value of particular residential construction work.

34   Work for multiple dwellings

(1)This section applies if residential construction work includes any of the following work—

(a)residential construction work for the erection or construction of a multiple dwelling;

(b)residential construction work for the alteration or repair of the footings or slab of a multiple dwelling;

(c)residential construction work for the renovation, alteration, extension, repair or replacement of all or part of the roof, including its supporting structure, and guttering of a multiple dwelling;

(d)residential construction work for the renovation, alteration, extension, improvement or repair of the common property for a community titles scheme if the work is in or on a multiple dwelling in the community titles scheme;

(e)residential construction work for the renovation, alteration, extension, improvement or repair of 2 or more residential units in a multiple dwelling if the residential units are owned by the same person.

(2)The insurable value of the residential construction work for each living unit for which the work is to be carried out is calculated by dividing the insurable value of the residential construction work by the number of living units for which the work is to be carried out.

Note—

See also sections 38 and 39.

(3)However, this section applies to residential construction work mentioned in subsection (1)(c), (d) or (e) only if the insurable value of the work is—

(a)for work mentioned in subsection (1)(c)—more than $5,000; or

(b)for work mentioned in subsection (1)(d) or (e)—more than $20,000.

35   Work for duplexes

(1)This section applies if residential construction work includes any of the following work and section 34 does not apply in relation to the work—

(a)residential construction work for the erection or construction of a duplex;

(b)residential construction work for the alteration or repair of the footings or slab of a duplex;

(c)residential construction work for the renovation, alteration, extension, repair or replacement of all or part of the roof, including its supporting structure, and guttering of a duplex;

(d)residential construction work for the renovation, alteration, extension, improvement or repair of the common property for a community titles scheme if the work is in or on a duplex in the community titles scheme;

(e)residential construction work for the renovation, alteration, extension, improvement or repair of both residential units in a duplex.

(2)The insurable value of the residential construction work for each living unit for which the work is to be carried out is calculated by dividing the insurable value of the residential construction work by the number of living units for which the work is to be carried out.

Note—

See also sections 38 and 39.

(3)However, this section applies to residential construction work mentioned in subsection (1)(c), (d) or (e) only if the insurable value of the work is—

(a)for work mentioned in subsection (1)(c)—more than $5,000; or

(b)for work mentioned in subsection (1)(d) or (e)—more than $20,000.

36   Work for 2 or more detached dwellings

(1)This section applies if—

(a)residential construction work includes building work for 2 or more detached dwellings; and

(b)section 34 or 35 does not apply in relation to the work.

(2)The insurable value of the residential construction work for each living unit is calculated by dividing the insurable value of the residential construction work by the number of living units for which the work is to be carried out.

Note—

See also section 39.

37   Reference to particular work only includes primary building work

(1)In this division, a reference to the following work only includes building work that is primary building work—

(a)residential construction work mentioned in section 34(1)(b), (c) or (d);

(b)residential construction work mentioned in section 35(1)(b), (c) or (d).

(2)However, for calculating an amount mentioned in the following sections, residential construction work that is not primary building work is included—

(a)section 34(1)(c) or (d)(ii);

(b)section 35(1)(c) or (d)(ii).

(3)In this section—

primary building work means relevant work for a duplex or multiple dwelling if—

(a)the relevant work is—

(i)within the building envelope, or for the renovation, alteration, extension, improvement or repair of the building envelope, for the duplex or multiple dwelling; or

(ii)for the guttering of a duplex or multiple dwelling; and

(b)the insurable value of the relevant work is more than the regulated amount within the meaning of section 67WC of the Act.

relevant work, for a duplex or multiple dwelling—

(a)means any of the following work that is primary insurable work—

(i)building work that affects the structural performance of the duplex or multiple dwelling;

(ii)building work for the relocation or replacement of a roof, wall, internal partition, floor or foundation for the duplex or multiple dwelling;

(iii)building work for the replacement or refitting of fixtures or fittings in a bathroom or kitchen in the duplex or multiple dwelling;

(iv)building work for an unenclosed, elevated platform or verandah, including a deck, attached to the duplex or multiple dwelling;

(v)building work that increases the covered floor area of the duplex or multiple dwelling;

(vi)building work for the installation or repair of the primary water supply to, or sewerage or drainage for, the duplex or multiple dwelling; and

(b)does not include painting.

38   Residential unit for which residential construction work carried out

(1)This section applies if—

(a)residential construction work is for the renovation, alteration, extension, improvement or repair of the common property for a community titles scheme; and

(b)the work is in or on a duplex or multiple dwelling in the community titles scheme.

(2)The work is taken to be carried out for all residential units in the duplex or multiple dwelling.

(3)However, subsection (2) does not apply if the residential construction work is only for common property the subject of an exclusive use by-law under the Body Corporate and Community Management Act 1997.

39   Living units

For this division and schedule 6—

(a)a single detached dwelling is taken to be 1 living unit; and

(b)a residential unit is taken to be 1 living unit; and

(c)a duplex is taken to be 2 living units.

Division 5 Miscellaneous

40   Matters for notice of cover—Act, s 68F

(1)For section 68F(2) of the Act, the following matters must be included in a notice of cover for residential construction work—

(a)a description of the work;

(b)the name and licence number of the licensed contractor carrying out, or who is to carry out, the work;

(c)the address, including the lot on plan description, of the site where the work is being or is to be carried out;

(d)an amount representing the commission’s assessment of the insurable value of the work when issuing the notice;

(e)the insurance premium paid for the work;

(f)whether optional additional cover has been obtained for the work;

(g)general information about when cover under the statutory insurance scheme comes into force;

(h)general information about the period within which a claim under the statutory insurance scheme must be made.

(2)In this section—

licensed contractor see schedule 6, section 2.

41   Refund of part of insurance premium—Act, s 70C

(1)For section 70C of the Act, this section prescribes how to calculate the part of an insurance premium refundable because a variation of the value of residential construction work results in a decrease in the value of the work.

(2)The refundable part of the insurance premium is the difference between the amount of the premium paid for the residential construction work before the variation and the amount of the premium that would have been payable on the decreased value.

42   Amount for tenders for rectification work—Act, s 71A

The amount prescribed for section 71A(4) of the Actis $20,000.

43   When work is taken to have started—Act, s 71F

(1)For section 71F of the Act, residential construction work is taken to start when—

(a)if the work includes the erection or construction of a footing system or slab or the provision of sewerage or drainage on a site—the erection or construction of the footing system or slab, or the provision of sewerage or drainage, physically starts on the site; or

(b)otherwise—work for the renovation, alteration, extension, improvement or repair of an existing building on a site physically starts on the site.

(2)In this section—

physically starts, for residential construction work, does not include starting any of the following—

(a)the preparation of plans or specifications for the performance of the work;

(b)design work;

(c)administration services;

(d)earthmoving or excavating;

(e)site work related to the residential construction work.

44   Insurance information statement

(1)An interested person for land or a manufactured home may, on payment of the fee stated in schedule 7 for a request for an insurance information statement, ask the commission for an insurance information statement about the land or manufactured home.

(2)The commission must comply with the request.

(3)In this section—

home owner, of a manufactured home, means a home owner under the Manufactured Homes (Residential Parks) Act 2003.

interested person, for land or a manufactured home, means—

(a)an owner of the land; or

(b)a home owner of the manufactured home; or

(c)a prospective purchaser of the land or manufactured home; or

(d)the agent of a person mentioned in paragraph (a), (b) or (c).

owner, of land, includes the body corporate that under an approved determination of native title under the Native Title Act 1993 (Cwlth) has the exclusive right to regulate possession, occupation, use and enjoyment of the land.

Note—

See also schedule 2 of the Act, definition owner.

prospective purchaser, of land or a manufactured home, means a person who the commission is satisfied—

(a)if the land or manufactured home is offered or advertised for sale—is investigating purchasing the land or manufactured home; or

(b)has entered into a contract with the owner of the land or the home owner of the manufactured home for the purchase of the land or manufactured home.

Part 7    Domestic building contracts

45   Level 2 amount—Act, sch 1B, s 7

For schedule 1B of the Act, section 7(2), definition level 2 amount, the prescribed amount is $20,000.

46   Building that is not a home—Act, sch 1B, s 9

For schedule 1B of the Act, section 9(2), each of the following is declared not to be a home—

(a)premises not intended to be used for permanent habitation;

(b)a guesthouse, hostel or similar establishment;

(c)a motel, residential club, residential hotel, residential part of a licensed premises or a serviced apartment;

(d)a hospital, nursing home, aged care home, hostel or retirement village;

(e)residential premises associated with a hospital or educational institution;

(f)residential premises specifically set aside as a place at which specialised care services are supplied to children or disabled persons residing at the place;

(g)a prison or similar establishment;

(h)a caravan.

47   Publication of consumer building guide—Act, sch 1B, s 46

For schedule 1B of the Act, section 46(1), the commission must publish the consumer building guide on the commission’s website.

Part 8    General

48   Single amount to be transferred from General Statutory Fund to Insurance Fund—Act, s 25

For section 25(4) of the Act, the single amount is $2,769,000.

48A   Relevant agencies for exchange of information—Act, s 28B

For section 28B(4) of the Act, definition relevant agency, paragraph (d), each of the following agencies is prescribed—

(a)an agency of the Commonwealth or another State that has functions similar to all or some of the functions of the commission;

(b)an agency of the Commonwealth or another State that has functions similar to the functions of any of the following entities—

(i)the Queensland Police Service;

(ii)the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1984;

(iii)the Crime and Corruption Commission;

(iv)a health and safety regulator within the meaning of section 28A of the Act;

(v)the WHS prosecutor under the Work Health and Safety Act 2011;

(c)an agency of the Commonwealth or another State that is a member of the Phoenix Taskforce prescribed under the Taxation Administration Act 1953 (Cwlth), schedule 1, section 355-70(12), in the entity’s capacity as a member of the taskforce;

(d)the Australian Securities and Investments Commission;

(e)an agency of the Commonwealth or another State that has functions including the promotion of competition and fair trading or providing consumer protection.

49   Signs to be exhibited—Act, s 52

For section 52 of the Act, a sign must—

(a)be made of weatherproof materials; and

(b)have a surface area of at least 0.5m²; and

(c)be printed in letters at least 5cm high and placed in a way that can be easily read from the nearest street alignment.

50   Advertisements—Act, s 54

For section 54(c) of the Act, the information to be included in an advertisement under section 54(a) and (b) of the Act must—

(a)if written—be easily read; or

(b)if spoken—be no less audible and clear than other spoken material contained in the advertisement.

51   Notification of nominee—Act, s 55

(1)The notice required by section 55 of the Actmust be in writing and contain the following information—

(a)the name under which the company is licensed;

(b)the licence number and class of licence held by the company;

(c)the full name, address and licence number of the former nominee;

(d)the date on which the former nominee ceased to be a nominee of the company;

(e)for a change of nominee—

(i)the full name, address and licence number of the new nominee; and

(ii)the date on which the new nominee became the nominee of the company.

(2)The notice must also contain the name of a director of the company or an officer authorised by the company to give the notice, and be signed by the director or officer.

52   Partnerships—Act, s 56

(1)For section 56(1)(c) of the Act, an advertisement must, in addition to stating the name under which the licensed contractor is licensed, state—

(a)that the contractor is licensed under the Act; and

(b)the contractor’s licence number.

(2)The information mentioned in subsection (1) must—

(a)if written—be able to be easily read; or

(b)if spoken—be no less audible and clear than other spoken material contained in the advertisement.

53   Warning that contract is a construction management trade contract—Act, s 67V

(1)For section 67V(2) of the Act, the following form of warning is prescribed—

‘APPROVED WARNING UNDER SECTION 67V OF THE QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991

This contract is a construction management trade contract, not a subcontract.

You should be aware that, unlike a subcontract, under this contract the contracting party responsible for making payments to you (whether directly to you, or through the construction manager identified in this contract) is not required to demonstrate financial capacity to undertake the project under the Queensland Building and Construction Commission Act 1991 or any other legislation.

You should make your own enquiries to satisfy yourself that the contracting party responsible for making payments to you under this contract has the financial capacity to fulfil its financial obligations to you.’.

(2)The warning in subsection (1) must be—

(a)on the first page of the contract; and

(b)in bold type of at least 12 point font size.

53A   Period to rectify or remediate under direction—Act, s 72

For section 72(4) of the Act, the period—

(a)starts on the day the direction is made, as stated in the direction; and

(b)ends on the day that is 35 days after the day mentioned in paragraph (a).

54   Interest—Act, s 77

(1)For section 77(3)(c) of the Act, interest is payable on the amount of damages awarded—

(a)if the parties have entered into a contract—at the rate provided under the contract; or

(b)at the rate agreed between the parties; or

(c)otherwise—at the rate of 10%.

(2)The interest is payable on and from the day after the day the amount became payable until and including the day the amount is paid.

55   Particulars in register—Act, s 99

(1)For section 99(2)(e) of the Act, the particulars are the following—

(a)if applicable, the licensee’s ABN;

(b)if the licensee is a company—the licencee’s ACN;

(c)for a licensee who holds a licence that authorises the licensee to carry out residential construction work—

(i)the value of residential construction work carried out by the licensee other than work carried out as a subcontractor; and

(ii)the number of projects involving residential construction work for which the licensee has carried out, or agreed to carry out, building work as a licensee; and

(iii)if the licensee is a company—the full name and business address of the secretary of the company;

(d)the licensee’s current allowable annual turnover category;

(e)if the licensee is a company and the nominee, a licensed director or a licensed secretary of the company is, or within the last 10 years was, a nominee, licensed director or licensed secretary of another company (the other company) that was a licensee at the relevant time—the name of the other company.

(2)If the secretary of a company mentioned in subsection (1)(c)(iii) does not have a business address, the register must instead contain the secretary’s residential address.

(3)In this section—

allowable annual turnover, for an applicant for a licence or a licensee, means the allowable annual turnover calculated for the applicant or licensee under the minimum financial requirements.

allowable annual turnover category, for a licensee, means the category designated, under the minimum financial requirements, for the licensee’s allowable annual turnover.

licensed director means a director of a company if—

(a)the company is, or is required to be, a licensee; and

(b)the director is also, or is also required to be, a licensee.

licensed secretary means a secretary of a company if—

(a)the company is, or is required to be, a licensee; and

(b)the secretary is also, or is also required to be, a licensee.

relevant time means any time during which the person mentioned in subsection (1)(e) is or was a nominee, a licensed director or a licensed secretary of the other company.

56   Prescribed persons and ways to examine building products or samples—Act, s 106O

(1)For section 106O(4) of the Act, the prescribed classes of person for examining a building product or sample are—

(a)if an Australian Standard states a way to examine the building product or sample—

(i)persons accredited by NATA to examine the building product or sample; and

(ii)persons accredited by another entity to examine the building product or sample, if the accreditation is recognised by NATA under a written agreement between NATA and the entity; or

(b)if paragraph (a) does not apply—persons the commissioner is satisfied are appropriately qualified to examine the building product or sample in the way mentioned in subsection (2)(b).

(2)For section 106O(4) of the Act, the prescribed way to examine a building product or sample is—

(a)if an Australian Standard states a way to examine the building product or sample—the stated way; or

(b)if paragraph (a) does not apply—a way the commissioner is satisfied is appropriate for examining the building product or sample for the purposes of part 6AA of the Act.

(3)The commissioner must keep a record of persons mentioned in subsection (1)(b).

(4)In this section—

NATA means the National Association of Testing Authorities Australia ABN 59 004 379 748.

56A   Act for which confidential information may be disclosed, accessed or used—Act, s 110

For section 110(3)(c)(ii) of the Act, the Building Industry Fairness (Security of Payment) Act 2017 is prescribed.

57   Board’s policies approved—Act, sch 1, s 76

For schedule 1, section 76 of the Act, the following policies are approved—

(a)Rectification of Building Work made by the board on 16 May 2014;

(b)Minimum Financial Requirements made by the board on 28 August 2015.

58   Fees

(1)The fees payable under the Act are stated in schedule 7.

(2)A reference in schedule 7 to a particular category applying to a licence is a reference to the category of that name that applies under the minimum financial requirements.

Part 9    Savings and transitional provisions

Division 1 Transitional provisions for SL No. 138 of 2018

59   Definition for division

In this division—

expired regulation means the expired Queensland Building and Construction Commission Regulation 2003.

60   Licences that may be held and renewed after commencement—Act, s 30

(1)For section 30(4) of the Act, the following classes of licence are specified—

•building restricted to alterations and additions

•building restricted to external finishes

•building restricted to building removal

•building restricted to renovations, repairs and maintenance

•building restricted to repairs and maintenance

•building restricted to non-structural renovations

•carpentry (formwork)

•carpentry restricted to framing

•carpentry restricted to lattice and other timber work

•concreting restricted to concrete repairs

•concreting restricted to light concreting

•concreting restricted to minor repairs

•concreting restricted to special finishes

•specialised contracting—screw-in foundations

•floor finishing and covering restricted to floor sanding and finishing—timber floors

•floor finishing and covering restricted to install floating flooring

•floor finishing and covering restricted to install strip flooring (non-structural)

•floor finishing and covering restricted to seamless flooring

•floor finishing and covering restricted to install cork flooring

•floor finishing and covering restricted to install parquetry flooring

•painting restricted to roof painting

•painting restricted to special finishes

•plastering drywall restricted to cornice fixing

•plastering drywall restricted to partition installation

•plastering drywall restricted to plaster setting

•plastering drywall restricted to suspended ceiling fixing

•plastering drywall restricted to wallboard fixing

•plumbing and draining restricted to plumbing

•plumbing and draining restricted to wall cladding

•plumbing and draining restricted to skylight and ventilator installation

•plumbing and draining restricted to tanks—water supply

•specialised contracting—solid fuel heater installation

•refrigeration, air conditioning and mechanical services restricted to multipackaged residential air conditioning equipment and plant

•refrigeration, air conditioning and mechanical services restricted to residential evaporative cooling equipment

•refrigeration, air conditioning and mechanical services restricted to self-contained window package residential air conditioning installation

•roof tiling restricted to roof tile maintenance

•structural landscaping restricted to fences

•structural landscaping restricted to retaining walls

•swimming pool and spa construction restricted to finishes.

Note—

See also section 43 of the expired regulation.

(2)While a licensee holds a class of licence in subsection (1), the provisions of schedule 2 of the repealed Queensland Building Services Authority Regulation 1992 as in force immediately before 1 September 2003 are taken to continue to apply to the licence.

61   Contractors’ licences and nominee supervisors’ licences that may be held and renewed after commencement—Act, s 30

(1)For section 30(4) of the Act—

(a)the following classes of contractors’ licence are specified—

(i)fire suppression systems—special hazards;

(ii)fire suppression systems—special hazards restricted to carrying out certain work;

(iii)fire suppression systems—special hazards restricted to certification of, and preparation of reports about, certain work; and

(b)the following classes of nominee supervisor’s licence are specified—

(i)fire suppression systems—special hazards;

(ii)fire suppression systems—special hazards restricted to carrying out certain work;

(iii)fire suppression systems—special hazards restricted to certification of, and preparation of reports about, certain work.

Note—

See also sections 50 and 51 of the expired regulation.

(2)While a licensee holds a class of licence in subsection (1), the provisions of schedule 2 of the expired regulation as in force immediately before 1 January 2009 are taken to continue to apply to the licence.

62   Existing competencies of persons to hold technical qualifications—sprinkler and suppression systems (reticulated water-based)—inspect and test

(1)This section applies if an applicant—

(a)has satisfactorily completed the following competencies—

(i)Test fire protection systems for pressure BCPFS2005A;

(ii)Test and maintain automatic fire sprinklers BCPFS3009A; and

(b)gives the commission evidence that—

(i)the applicant was employed, before 1 January 2009, in the fire protection industry; and

(ii)the applicant’s duties in that employment included the inspection and testing of sprinkler and suppression systems.

(2)The applicant is taken to hold the technical qualifications for a fire protection occupational licence in the class of sprinkler and suppression systems (reticulated water-based)—inspect and test.

63   Existing competencies of persons to hold technical qualifications for certain classes of licences

(1)This section applies if—

(a)under the expired regulation as in force immediately before 1 January 2009, completion of a course satisfied the technical requirements for a licence mentioned in column 1 of the table; and

(b)a person gives the commission evidence that the person—

(i)was enrolled in the course before 1 January 2009; and

(ii)successfully completed the course before 1 January 2011.

(2)The person is taken to satisfy the technical qualifications for a licence of a class mentioned in column 2 of the table shown opposite the licence in column 1 of the table.

Table

Column 1	Column 2
1	fire detection systems	fire detection, alarm and warning systems—certify fire detection, alarm and warning systems—install and maintain—extra low voltage
2	fire detection systems restricted to carrying out certain work	fire detection, alarm and warning systems—install and maintain—extra low voltage
3	fire detection systems restricted certification of, and preparation of reports about, certain work	fire detection, alarm and warning systems—certify
4	fire equipment—passive (wall and ceiling lining)	passive fire protection—fire and smoke walls and ceilings—certify plastering drywall licence
5	fire equipment—passive (penetration and joint sealing)	passive fire protection—fire collars, penetrations and joint sealing—certify, install and maintain
6	fire equipment—passive (fire doors and fire shutters)	passive fire protection—fire doors and shutters—certify
7	fire equipment—passive (fire doors and fire shutters) restricted to carrying out certain work	passive fire protection—fire doors and shutters—inspect and test
8	fire equipment—passive (fire doors and fire shutters) restricted to certification of, and preparation of reports about, certain work	passive fire protection—fire doors and shutters—certify
9	fire fighting appliances	fire hydrants and hose reels—inspect and test portable fire equipment and hose reels (hose reels down stream of stop cock only)—certify portable fire equipment and hose reels (hose reels down stream of stop cock only)—install and maintain
10	fire fighting appliances restricted to carrying out certain work	portable fire equipment and hose reels (hose reels down stream of stop cock only)—install and maintain
11	fire fighting appliances restricted to certification of, and preparation of reports about, certain work	fire hydrants and hose reels—inspect and test portable fire equipment and hose reels (hose reels down stream of stop cock only)—certify
12	fire hose reels and fire hydrants	fire hydrants and hose reels—certify fire hydrants and hose reels—install and maintain
13	fire hose reels and fire hydrants restricted to carrying out certain work	fire hydrants and hose reels—install and maintain
14	fire hose reels and fire hydrants restricted to certification of, and preparation of reports about, certain work	fire hydrants and hose reels—certify
15	fixed fire pump sets	fire pumps—certify fire pumps—install and maintain
16	fixed fire pump sets restricted to carrying out certain work	fire pumps—install and maintain
17	fixed fire pump sets restricted to certification of, and preparation of reports about, certain work	fire pumps—certify
18	fire sprinkler systems (domestic and residential)	sprinkler and suppression systems (reticulated water-based)—restricted to domestic or residential type—certify sprinkler and suppression systems (reticulated water-based)—restricted to domestic or residential type—install and maintain
19	fire sprinkler systems (domestic and residential) restricted to carrying out certain work	sprinkler and suppression systems (reticulated water-based)—restricted to domestic or residential type—install and maintain
20	fire sprinkler systems (domestic and residential) restricted to certification of, and preparation of reports about, certain work	sprinkler and suppression systems (reticulated water-based)—restricted to domestic or residential type—certify
21	fire sprinkler systems (other than domestic and residential)	sprinkler and suppression systems (reticulated water-based)—restricted to commercial or industrial type—certify sprinkler and suppression systems (reticulated water-based)—restricted to commercial or industrial type—install and maintain
22	fire sprinkler systems (other than domestic and residential) restricted to carrying out certain work	sprinkler and suppression systems (reticulated water-based)—restricted to commercial or industrial type—install and maintain
23	fire sprinkler systems (other than domestic and residential) restricted to certification of, and preparation of reports about, certain work	sprinkler and suppression systems (reticulated water-based)—restricted to commercial or industrial type—certify
24	fire sprinkler systems (domestic and residential); and fire sprinkler systems (other than domestic and residential)	sprinkler and suppression systems (reticulated water-based)—certify sprinkler and suppression systems (reticulated water-based)—install and maintain
25	fire sprinkler systems (domestic and residential) restricted to carrying out certain work; and fire sprinkler systems (other than domestic and residential) restricted to carrying out certain work	sprinkler and suppression systems (reticulated water-based)—install and maintain
26	fire sprinkler systems (domestic and residential) restricted to certification of, and preparation of reports about, certain work; and fire sprinkler systems (other than domestic and residential) restricted to certification of, and preparation of reports about, certain work	sprinkler and suppression systems (reticulated water-based)—certify

64   Existing competencies of persons to hold technical qualifications—portable fire equipment and hose reels (hose reels down stream of stop clock only) licences

(1)This section applies if a person gives the commission evidence that the person—

(a)was enrolled in the competency unit called ‘Service portable fire extinguishers in the workshop PRMPFES14B’ before 6 November 2009; and

(b)successfully completed the competency unit before 1 January 2011.

(2)The person is taken to have satisfied the technical qualifications for a licence mentioned in—

(a)schedule 2, part 29, section 3; or

(b)schedule 3, part 8, section 3.

65   References to expired regulation

In a document, a reference to the expired regulation is, if the context permits, taken to be as a reference to this regulation.

Division 2 Transitional provisions for Queensland Building and Construction Commission (Mechanical Services Licences) and Other Legislation Amendment Regulation 2019

Subdivision 1 Licences and applications

66   Replacement of particular licence classes

(1)This section applies if, immediately before the commencement, a person held a licence of a class mentioned in column 1 of the table below (a previous class).

(2)The licence of the previous class is taken to be a licence of the class mentioned opposite the previous class in column 2 of the table (the new class).

(3)If, immediately before the commencement, the licence of the previous class was subject to any conditions, the licence of the new class is subject to the conditions.

(4)Unless the licence of the new class is sooner suspended or cancelled, the renewal day for the licence is the day that would have been the renewal day for the licence of the previous class if it had continued as a licence of the previous class.

Column 1	Column 2
Previous class of licence	New class of licence
refrigeration, air conditioning and mechanical services including unlimited design licence mentioned in schedule 2, part 47 as in force immediately before the commencement	mechanical services—air-conditioning and refrigeration (unlimited design) licence mentioned in schedule 2, part 48A
refrigeration, air conditioning and mechanical services including limited design licence mentioned in schedule 2, part 48 as in force immediately before the commencement	mechanical services—air-conditioning and refrigeration (limited design) licence mentioned in schedule 2, part 48B

67   Pending application for, or renewal or restoration of, previous licence classes

(1)This section applies if—

(a)before the commencement, a person applied for, or for the renewal of, or requested the restoration of, a licence of a class mentioned in column 1 of the table below (a previous class); and

(b)immediately before the commencement, the application or request had not been decided or otherwise finally dealt with.

(2)An application for a licence of the previous class is taken to be an application for a licence of the class mentioned opposite the previous class in column 2 of the table (the new class).

(3)An application for the renewal of a licence of the previous class is taken to be an application for the renewal of a licence of the new class.

(4)A request for the restoration of a licence of the previous class is taken to be a request for the restoration of a licence of the new class.

(5)Subsection (6) applies in relation to an application for a licence of the previous class if, immediately before the commencement, the applicant had the qualifications for the licence mentioned opposite the previous class in column 3 of the table.

(6)For deciding the application, the applicant is taken to have the qualifications required for a licence of the new class.

(7)Subsection (8) applies in relation to an application for the renewal of a licence of the previous class, if the applicant held the licence immediately before the commencement.

(8)For deciding the application, the applicant is taken to have the qualifications required for a licence of the new class.

(9)For dealing with a request for the restoration of a licence of the previous class, the licence of the previous class is taken to have been a licence of the new class immediately before it was cancelled.

Column 1	Column 2	Column 3
Previous class of licence	New class of licence	Accepted qualifications for new class of licence
refrigeration, air conditioning and mechanical services including unlimited design licence mentioned in previous schedule 2, part 47	mechanical services—air-conditioning and refrigeration (unlimited design) licence mentioned in schedule 2, part 48A	for any licence of the new class—the technical qualifications stated in previous schedule 2, part 47, section 3; or for a contractor’s licence of the new class—a qualification for a licence of the previous class, to which section 12(2) applied immediately before the commencement
refrigeration, air conditioning and mechanical services including limited design licence mentioned in previous schedule 2, part 48	mechanical services—air-conditioning and refrigeration (limited design) licence mentioned in schedule 2, part 48B	for any licence of the new class—the technical qualifications stated in previous schedule 2, part 48, section 3; or for a contractor’s licence of the new class—a qualification for a licence of the previous class, to which section 12(2) applied immediately before the commencement

(10)In this section—

previous, in relation to a provision, means the provision as in force immediately before the commencement.

68   Pending application for, or renewal of, particular licences

(1)This section applies if—

(a)before the commencement, a person applied for, or for the renewal of, a licence of a class mentioned in column 1 of the table below (the licence applied for); and

(b)immediately before the commencement, the application had not been decided; and

(c)before the application is decided but no later than 1 April 2020, the person, by written notice, asks the commission to amend the application under subsection (2).

(2)Before deciding the application, the commission must amend the application to include a licence of the class mentioned opposite the licence applied for in column 2 of the table (the additional licence).

(3)If the application is amended under subsection (2) to include a mechanical services—plumbing licence as the additional licence—

(a)no additional fee is payable for the application; and

(b)no fee is payable for the grant or renewal of the additional licence.

(4)Subsection (5) applies in relation to an application for the licence applied for if, immediately before the commencement, the applicant had the qualifications mentioned opposite the licence in column 3 of the table.

(5)For deciding the application, the applicant is taken to have the qualifications required for the additional licence.

(6)Subsection (7) applies in relation to an application for, or for the renewal of, the licence applied for if the applicant does not have the technical qualifications stated in the technical qualifications document for the additional licence.

(7)For deciding the application, the experience for the additional licence for section 31(1)(b) or 32(1)(a) of the Actis the experience mentioned opposite the additional licence in column 4 of the table.

Column 1	Column 2	Column 3	Column 4
Licence applied for	Additional licence	Accepted qualifications for additional licence	Alternative experience requirement for additional licence
plumbing and drainage licence mentioned in schedule 2, part 18	mechanical services—plumbing licence mentioned in schedule 2, part 48	the technical qualifications stated in schedule 2, part 18, section 3	the commission is satisfied the applicant has carried out, whether before or after the commencement, mechanical services work for at least 6 months
gasfitting licence mentioned in schedule 2, part 36	mechanical services—medical gas licence mentioned in schedule 2, part 47	the technical qualifications stated in schedule 2, part 36, section 3 and successful completion of the competency unit called ‘Install medical gas pipeline system (CPCPMS3034A)’	the commission is satisfied the applicant has carried out medical gas work, in compliance with the Work Health and Safety Act 2011, for at least 6 months

69   Pending application for water plumber—water and sanitary licence

(1)This section applies if—

(a)before the commencement, a person applied under the Plumbing and Drainage Act 2018 for a water plumber—water and sanitary licence; and

(b)immediately before the commencement, the application (the PDA application) had not been decided; and

(c)before the PDA application is decided but no later than 1 April 2020, the person, by written notice, asks the commission to confirm that an application is taken to have been made under subsection (2).

(2)The person is taken to have also made an application for a mechanical services—plumbing occupational licence (the deemed application).

(3)The commission must, as soon as practicable after receiving the notice mentioned in subsection (1)(c), give the person written confirmation that the person is taken to have made the deemed application.

(4)The deemed application must be decided with the PDA application.

(5)No fee is payable for the deemed application or the grant of the mechanical services—plumbing occupational licence.

(6)In this section—

mechanical services—plumbing occupational licence means a licence of the class mentioned in schedule 3A, part 2.

water plumber—water and sanitary licence means the restricted licence mentioned in the Plumbing and Drainage Regulation 2019, schedule 4, part 3, item 7.

Subdivision 2 Qualifications and experience for licences

70   Definitions for subdivision

In this subdivision—

engineering degree means a bachelor degree in engineering recognised under the Australian Qualification Framework or an equivalent authority in another jurisdiction.

plumbing and drainage licence means a licence of a class mentioned in schedule 2, part 18.

relevant apprenticeship, for a licence, means an apprenticeship in work that is within the scope of work for the licence.

safety compliant work means work that complies with the Work Health and Safety Act 2011.

70A   This subdivision applies to new and existing applications

This subdivision applies to an application mentioned in section 70B, 70C, 70D or 70E if—

(a)the application was made, but not yet decided, before the commencement; or

(b)the application is made after the commencement.

70B   Alternative qualifications for particular contractor’s licences

(1)Subsection (2) applies to an application for a contractor’s licence of a class mentioned in schedule 2, part 47 (Mechanical services—medical gas licence) if—

(a)the applicant does not have the technical qualifications stated in the technical qualifications document for the licence class; and

(b)the commission is satisfied the applicant has, for at least 6 months, carried out safety compliant work that is within the scope of work for the licence class.

(2)For section 31(1)(b) of the Act, the qualifications for the licence are—

(a)a gasfitting licence; or

(b)a relevant apprenticeship; or

(c)an engineering degree.

(3)Subsection (4) applies to an application for a contractor’s licence of a class mentioned in schedule 2, part 48 (Mechanical services—plumbing licence) if—

(a)the applicant does not have the technical qualifications stated in the technical qualifications document for the licence class; and

(b)the commission is satisfied the applicant has, for at least 6 months, carried out work under a plumbing and drainage licence that is within the scope of work for the licence class.

(4)For section 31(1)(b) of the Act, the qualifications for the licence are—

(a)a plumbing and drainage licence; or

(b)an apprenticeship in plumbing.

(5)This section applies to an application mentioned in subsection (1) or (3)—

(a)despite section 12; and

(b)until the end of 31 December 2020.

70C   Alternative qualifications for particular nominee supervisor’s licences

(1)Subsection (2) applies to an application for a nominee supervisor’s licence of a class mentioned in schedule 2, part 47 (Mechanical services—medical gas licence) if—

(a)the applicant does not have the technical qualifications stated in the technical qualifications document for the licence class; and

(b)the commission is satisfied the applicant has, for at least 6 months, carried out safety compliant work that is within the scope of work for the licence class.

(2)For section 32(1)(a) of the Act, the qualifications for the licence are—

(a)a gasfitting licence; or

(b)a relevant apprenticeship; or

(c)an engineering degree.

(3)Subsection (4) applies to an application for a nominee supervisor’s licence of a class mentioned in schedule 2, part 48 (Mechanical services—plumbing licence) if—

(a)the applicant does not have the technical qualifications stated in the technical qualifications document for the licence class; and

(b)the commission is satisfied the applicant has, for at least 6 months, carried out work under a plumbing and drainage licence that is within the scope of work for the licence class.

(4)For section 32(1)(a) of the Act, the qualifications for the licence are—

(a)a plumbing and drainage licence; or

(b)an apprenticeship in plumbing.

(5)This section applies to an application mentioned in subsection (1) or (3)—

(a)despite section 13; and

(b)until the end of 31 December 2020.

70D   Alternative qualifications for particular site supervisor’s licences

(1)Subsection (2) applies to an application for a site supervisor’s licence of a class mentioned in schedule 2, part 47 (Mechanical services—medical gas licence) if—

(a)the applicant does not have the technical qualifications stated in the technical qualifications document for the licence class; and

(b)the commission is satisfied the applicant has, for at least 6 months, carried out safety compliant work that is within the scope of work for the licence class.

(2)For section 32AA(1)(a) of the Act, the qualifications for the licence are—

(a)a gasfitting licence; or

(b)a relevant apprenticeship; or

(c)an engineering degree; or

(d)the carrying out of medical gas work, before 1 January 2020, for at least 2 years.

(3)Subsection (4) applies to an application for a site supervisor’s licence of a class mentioned in schedule 2, part 48 (Mechanical services—plumbing licence) if—

(a)the applicant does not have the technical qualifications stated in the technical qualifications document for the licence class; and

(b)the commission is satisfied the applicant has, for at least 6 months, carried out work under a plumbing and drainage licence that is within the scope of work for the licence class.

(4)For sections 32AA(1)(a) of the Act, the qualifications for the licence are—

(a)a plumbing and drainage licence; or

(b)an apprenticeship in plumbing.

(5)This section applies to an application mentioned in subsection (1) or (3)—

(a)despite section 14; and

(b)until the end of 31 December 2021.

70E   Alternative qualifications for particular mechanical services occupational licences

(1)Subsection (2) applies to an application for a mechanical services occupational licence of a class mentioned in schedule 3A, part 1 (Mechanical services—medical gas occupational licence) if—

(a)the applicant does not have the technical qualifications stated in the technical qualifications document for the licence class; and

(b)the commission is satisfied the applicant has, for at least 6 months, carried out safety compliant work that is within the scope of work for the licence class.

(2)For section 32AB(1)(a) of the Act, the qualifications for the licence are—

(a)a relevant apprenticeship; or

(b)an engineering degree; or

(c)the carrying out of medical gas work, before 1 January 2020, for at least 2 years.

(3)Subsection (4) applies to an application for a mechanical services occupational licence of a class mentioned in schedule 3A, part 2 (Mechanical services—plumbing occupational licence) if—

(a)the applicant does not have the technical qualifications stated in the technical qualifications document for the licence class; and

(b)the commission is satisfied the applicant has, for at least 6 months, carried out work that is within the scope of work for the licence class.

(4)For sections 32AB(1)(a) of the Act, the qualifications for the licence are—

(a)a restricted licence mentioned in the Plumbing and Drainage Regulation 2019, schedule 4, part 3, column 1, item 7 (water plumber—water and sanitary); or

(b)an apprenticeship in plumbing.

(5)This section applies to an application mentioned in subsection (1) or (3)—

(a)despite section 15A; and

(b)until the end of 31 December 2021.

71   Deferral of experience requirements for particular licences

(1)This section applies in relation to a licence of a class mentioned in column 1 of the table below.

(2)The section mentioned opposite the licence class in column 2 of the table does not apply in relation to a person who applies for a licence of the class before 1 January 2022.

Column 1	Column 2
Licence class	Deferred experience requirement
mechanical services—medical gas	schedule 2, part 47, section 5
mechanical services—plumbing	schedule 2, part 48, section 5
mechanical services— air-conditioning and refrigeration (unlimited design)	schedule 2, part 48A, section 5
mechanical services—air-conditioning and refrigeration (limited design)	schedule 2, part 48B, section 5

Subdivision 2A Minimum financial requirements for particular licence

71A   Alternative minimum financial requirements for particular licence

(1)This section applies to a class of contractor’s licence mentioned in schedule 2, part 47 (Mechanical services—medical gas licence).

(2)Despite schedule 2, part 47, section 6, the Queensland Building and Construction Commission (Minimum Financial Requirements) Regulation 2018, parts 3 (other than section 10), 3B, 4 and 4A do not apply in relation to the licence until 31 December 2020.

Subdivision 3 Fees for licences

72   Fee for mechanical services plumbing licence not payable—relevant licence held

(1)This section applies if—

(a)before 1 April 2020, a person applies for a licence of a class mentioned in column 1 of the table below; and

(b)the person holds a licence of the class mentioned opposite the licence class applied for in column 2 of the table.

(2)No fee is payable for the application or the grant of the licence applied for.

Column 1	Column 2
Licence class applied for	Relevant licence class held
mechanical services—plumbing licence mentioned in schedule 2, part 48	plumbing and drainage licence mentioned in schedule 2, part 18
mechanical services—plumbing occupational licence mentioned in schedule 3A, part 2	water plumber—water and sanitary licence mentioned in the Plumbing and Drainage Regulation 2019, schedule 4, part 3, item 7

73   Fee for mechanical services plumbing licence not payable—prior relevant experience

(1)This section applies if—

(a)immediately before the commencement, a person held a contractor’s licence mentioned in schedule 2, part 47 or 48, as in force immediately before the commencement; and

(b)the person personally carried out or employed another person to carry out mechanical services plumbing work under the licence during the 6 months before the commencement; and

(c)before 1 July 2020, the person applies for a mechanical services—plumbing licence of the class mentioned in schedule 2, part 48 (the licence applied for); and

(d)the person—

(i)has the technical qualifications for the licence applied for; or

(ii)employs a nominee supervisor who holds a mechanical services—plumbing licence.

(2)No fee is payable for the application or the grant of the licence applied for.

(3)In this section—

mechanical services plumbing work means constructing, installing, replacing, repairing, altering, maintaining, testing or commissioning a mechanical heating or cooling system in a building that is associated with the heating and cooling of that building.

73A   Fee for particular application

(1)This section applies to an application for a class of contractor’s licence mentioned in schedule 2, part 47 (Mechanical services—medical gas licence).

(2)Subsection (3) applies if the applicant must do either of the following—

(a)lodge a report under the Corporations Act, section 319 for a reporting year;

(b)give the ASX copies of ASX annual documents for a reporting year.

(3)The applicant must give the commission a copy of the most recent report or ASX annual documents.

(4)If subsection (3) does not apply to the applicant, the applicant must estimate the applicant’s maximum revenue for the reporting year and inform the commission of the estimated maximum revenue.

(5)The commission must use the information given to it under subsection (3) or (4) to decide the applicant’s maximum revenue.

(6)The applicant’s maximum revenue as decided under subsection (5) is taken to be the applicant’s maximum revenue for section 11H of the Queensland Building and Construction Commission (Minimum Financial Requirements) Regulation 2018.

(7)To remove any doubt, it is declared that the applicant’s licensee category, as worked out under this section, applies for the purpose of determining the fee payable for the application under section 33(1)(b)(ii) of the Act.

(8)This section applies to the application—

(a)whether it was made before or after the commencement; and

(b)until 31 December 2020.

(9)In this section—

ASX means ASX Limited ACN 008 624 691.

ASX annual documents means the annual documents required to be given to the ASX under chapter 4, section 4.5 of the ASX listing rules.

ASX listing rules means rules made by the ASX for the listing of corporations on the Australian stock exchange.

reporting year, for an applicant, means the most recent reporting year for the applicant under the Queensland Building and Construction Commission (Minimum Financial Requirements) Regulation 2018, schedule 3.

Subdivision 4 Mechanical services work by existing employees

74   Mechanical services work by employee of person not licensed for the work—Act, s 42CA

(1)For section 42CA(2) of the Act, mechanical services work personally carried out by an individual (the affected individual) is prescribed if—

(a)immediately before the commencement—

(i)a person (the employer) was carrying on a business that included carrying out the mechanical services work; and

(ii)the affected individual was an officer, employee or subcontractor of the employer and was personally carrying out the mechanical services work for the employer; and

(b)from the commencement—

(i)the mechanical services work would be within the scope of work for a mechanical services licence (a relevant licence) if the licence were held by the employer; and

(ii)the affected individual has continued to personally carry out the mechanical services work for the employer.

(2)This section stops applying on the first of the following days—

(a)if the employer applies for a relevant licence—the day the application is granted or refused;

(b)1 January 2021.

75   Mechanical services work by employee of licensed contractor for the work—Act, s 42CA

(1)For section 42CA(2) of the Act, mechanical services work personally carried out by an individual is prescribed if—

(a)the individual is an officer, employee or subcontractor of a licensed contractor and personally carries out the mechanical services work under the contractor’s licence; and

(b)the mechanical services work is within the scope of work for the class of licence.

(2)However, subsection (1) does not apply if the individual is—

(a)a nominee supervisor providing supervisory services for, or personally supervising, the mechanical services work; or

(b)an apprentice who, from the commencement, completes an apprenticeship for which the apprentice has been personally carrying out the mechanical services work in a calling that requires the apprentice to carry out the work.

(3)This section stops applying on 1 January 2022.

Division 3 Transitional provision for Queensland Building and Construction Commission and Other Legislation Amendment Regulation 2019

76   Refund of licence fees paid for particular contractor’s licences

(1)This section applies if, during the relevant period, an individual—

(a)applied for or requested—

(i)a relevant contractor’s licence for 1 year under section 33 of the Act; or

(ii)the renewal of a relevant contractor’s licence for 1 year under section 37B of the Act; or

Schedule 7B Transitioned fire protection licences

sections 82 to 85

Part 1    New licence classes not requiring upskilling

Column 1	Column 2
Former licence class	New licence class
passive fire protection—fire doors and shutters—inspect and test licence mentioned in schedule 2, part 22, section 1(2), as in force immediately before the commencement	(a)  fire protection—passive stream—inspect and test licence mentioned in schedule 2, part 22A, section 1(5); and (b)  if the licensee also held a licence in the class of ‘fire equipment—passive (fire doors and fire shutters) restricted to carrying out certain work’ on 31 December 2008—fire protection—passive stream—install and maintain—fire doors and fire shutters licence mentioned in schedule 2, part 22A, section 1(2)
special hazard suppression systems—install and maintain licence mentioned in schedule 2, part 25, section 1(3), as in force immediately before the commencement	fire protection—special hazard fire system stream—install and maintain licence mentioned in schedule 2, part 25, section 1(2)
sprinkler and suppression systems (reticulated water-based)—certify licence mentioned in schedule 2, part 26, section 1(1), as in force immediately before the commencement	fire protection—water-based fire system stream—certify licence mentioned in schedule 2, part 26, section 1(2)
sprinkler and suppression systems (reticulated water-based)—certify—restricted to commercial or industrial type licence mentioned in schedule 2, part 26, section 1(2), as in force immediately before the commencement	fire protection—water-based fire system stream—certify licence mentioned in schedule 2, part 26, section 1(2)
sprinkler and suppression systems (reticulated water-based)—certify—restricted to domestic or residential types licence mentioned in schedule 2, part 26, section 1(3), as in force immediately before the commencement	fire protection—water-based fire system stream—certify licence mentioned in schedule 2, part 26, section 1(2)
sprinkler and suppression systems (reticulated water-based)—install and maintain licence mentioned in schedule 2, part 26, section 1(4), as in force immediately before the commencement	fire protection—water-based fire system stream—install and maintain licence mentioned in schedule 2, part 26, section 1(3)
sprinkler and suppression systems (reticulated water-based)—install and maintain—restricted to commercial or industrial type licence mentioned in schedule 2, part 26, section 1(5), as in force immediately before the commencement	fire protection—water-based fire system stream—install and maintain—restricted to commercial and industrial types licence mentioned in schedule 2, part 26, section 1(4)
sprinkler and suppression systems (reticulated water-based)—install and maintain—restricted to domestic or residential type licence mentioned in schedule 2, part 26, section 1(6), as in force immediately before the commencement	fire protection—water-based fire system stream—install and maintain—restricted to domestic and residential types licence mentioned in schedule 2, part 26, section 1(5)
sprinkler and suppression systems (reticulated water-based)—inspect and test licence mentioned in schedule 2, part 26, section 1(7), as in force immediately before the commencement	fire protection—water-based fire system stream—install and maintain licence mentioned in schedule 2, part 26, section 1(3)
fire pump—certify licence mentioned in schedule 2, part 27, section 1(1), as in force immediately before the commencement	fire protection—water-based fire system stream—certify licence mentioned in schedule 2, part 26, section 1(2)
fire pump—install and maintain licence mentioned in schedule 2, part 27, section 1(2), as in force immediately before the commencement	fire protection—water-based fire system stream—install and maintain—restricted to commercial and industrial types licence mentioned in schedule 2, part 26, section 1(4)
fire hydrants and hose reels—certify licence mentioned in schedule 2, part 28, section 1(1), as in force immediately before the commencement	fire protection—water-based fire system stream—certify licence mentioned in schedule 2, part 26, section 1(2)
fire hydrants and hose reels—install and maintain licence mentioned in schedule 2, part 28, section 1(2), as in force immediately before the commencement	fire protection—water-based fire system stream—install and maintain—restricted to commercial and industrial types licence mentioned in schedule 2, part 26, section 1(4)
fire hydrants and hose reels—inspect and test licence mentioned in schedule 2, part 28, section 1(3), as in force immediately before the commencement	fire protection—portables stream—install and maintain licence mentioned in schedule 2, part 29, section 1(2)
portable fire equipment and hose reels (hose reels down stream of stop cock only)—certify licence mentioned in schedule 2, part 29, section 1(1), as in force immediately before the commencement	fire protection—portables stream—certify licence mentioned in schedule 2, part 29, section 1(1)
portable fire equipment and hose reels (hose reels down stream of stop cock only)—install and maintain licence mentioned in schedule 2, part 29, section 1(2), as in force immediately before the commencement	fire protection—portables stream—install and maintain licence mentioned in schedule 2, part 29, section 1(2)
fire detection, alarm and warning systems—certify licence mentioned in schedule 2, part 30, section 1(1), as in force immediately before the commencement	fire protection—electrical stream—certify—fire alarm systems licence mentioned in schedule 2, part 31, section 1(2)
emergency lighting—inspect and test licence mentioned in schedule 2, part 31, section 1(2), as in force immediately before the commencement	fire protection—electrical stream—inspect and test—emergency lighting licence mentioned in schedule 2, part 31, section 1(5)
passive fire protection—fire doors and shutters—inspect and test occupational licence mentioned in schedule 3, part 1, section 1(2), as in force immediately before the commencement	fire protection—passive stream—inspect and test occupational licence mentioned in schedule 3, part 1A, section 1(5)
special hazard suppression systems—install and maintain occupational licence mentioned in schedule 3, part 4, section 1(3), as in force immediately before the commencement	fire protection—special hazard fire system stream—install and maintain occupational licence mentioned in schedule 3, part 4, section 1(2)
sprinkler and suppression systems (reticulated water-based)—certify occupational licence mentioned in schedule 3, part 5, section 1(1), as in force immediately before the commencement	fire protection—water-based fire system stream—certify occupational licence mentioned in schedule 3, part 5, section 1(2)
sprinkler and suppression systems (reticulated water-based)—certify—restricted to commercial or industrial type occupational licence mentioned in schedule 3, part 5, section 1(2), as in force immediately before the commencement	fire protection—water-based fire system stream—certify occupational licence mentioned in schedule 3, part 5, section 1(2)
sprinkler and suppression systems (reticulated water-based)—certify—restricted to domestic or residential types occupational licence mentioned in schedule 3, part 5, section 1(3), as in force immediately before the commencement	fire protection—water-based fire system stream—certify occupational licence mentioned in schedule 3, part 5, section 1(2)
sprinkler and suppression systems (reticulated water-based)—inspect and test occupational licence mentioned in schedule 3, part 5, section 1(4), as in force immediately before the commencement	fire protection—water-based fire system stream—install and maintain occupational licence mentioned in schedule 3, part 5, section 1(3)
fire pumps—certify occupational licence mentioned in schedule 3, part 6, section 1(1), as in force immediately before the commencement	fire protection—water-based fire system stream—certify occupational licence mentioned in schedule 3, part 5, section 1(2)
fire hydrants and hose reels—certify occupational licence mentioned in schedule 3, part 7, section 1(1), as in force immediately before the commencement	fire protection—water-based fire system stream—certify occupational licence mentioned in schedule 3, part 5, section 1(2)
fire hydrants and hose reels—inspect and test occupational licence mentioned in schedule 3, part 7, section 1(2), as in force immediately before the commencement	fire protection—portables stream—install and maintain occupational licence mentioned in schedule 3, part 8, section 1(2)
portable fire equipment and hose reels (hose reels down stream of stop cock only)—certify occupational licence mentioned in schedule 3, part 8, section 1(1), as in force immediately before the commencement	fire protection—portables stream—certify occupational licence mentioned in schedule 3, part 8, section 1(1)
portable fire equipment and hose reels (hose reels down stream of stop cock only)—install and maintain occupational licence mentioned in schedule 3, part 8, section 1(2), as in force immediately before the commencement	fire protection—portables stream—install and maintain occupational licence mentioned in schedule 3, part 8, section 1(2)
fire detection, alarm and warning systems—certify occupational licence mentioned in schedule 3, part 9, section 1(1), as in force immediately before the commencement	fire protection—electrical stream—certify—fire alarm systems occupational licence mentioned in schedule 3, part 10, section 1(2)
emergency lighting—inspect and test occupational licence mentioned in schedule 3, part 10, section 1(2), as in force immediately before the commencement	fire protection—electrical stream—inspect and test—emergency lighting occupational licence mentioned in schedule 3, part 10, section 1(5)

Part 2    New licence classes requiring upskilling

Column 1	Column 2	Column 3
Former licence class	New licence class	Additional technical qualifications and day by which required
1  special hazard suppression systems—certify—restricted to gaseous, water mist and reticulated foam proportioning systems licence mentioned in schedule 2, part 25, section 1(1), as in force immediately before the commencement	fire protection—special hazard fire system stream—certify licence mentioned in schedule 2, part 25, section 1(1)	if the licensee did not hold the licence of the former class mentioned in item 2 immediately before the commencement— successful completion of the following competency units— •  Certify wet and dry chemical suppression systems (installation) (QLD344HCI11A) •  Certify wet and dry chemical suppression systems (maintenance) (QLD344HCM14A) 1 May 2023
2  special hazard suppression systems—certify—restricted to chemical and foam special hazard systems licence mentioned in schedule 2, part 25, section 1(2), as in force immediately before the commencement	fire protection—special hazard fire system stream—certify licence mentioned in schedule 2, part 25, section 1(1)	if the licensee did not hold the licence of the former class mentioned in item 1 immediately before the commencement— successful completion of the following competency units— •  Certify gaseous fire suppression systems (installation) (QLD344HGI12A) •  Certify gaseous fire suppression systems (maintenance) (QLD344HGM15A) 1 May 2023
3  special hazard suppression systems—maintain—restricted to gaseous, water mist and reticulated foam proportioning systems licence mentioned in schedule 2, part 25, section 1(4), as in force immediately before the commencement	fire protection—special hazard fire system stream—install and maintain licence mentioned in schedule 2, part 25, section 1(2)	successful completion of Certificate III in fire protection (CPC32813) 1 May 2030
4  fire detection, alarm and warning systems—install and maintain—extra low voltage licence mentioned in schedule 2, part 30, section 1(2), as in force immediately before the commencement	fire protection—electrical stream—install and maintain—fire alarm systems licence mentioned in schedule 2, part 31, section 1(4)	successful completion of— (a)  Certificate III in fire protection control (UEE31011) (the certificate); and (b)  if the licensee has not successfully completed the certificate on or before the commencement—the competency unit Inspect and test emergency and exit lighting systems (CPPFES2026A); or if the licensee is the holder of an electrical mechanic licence, successful completion of the following competency units— •  Prevent ozone depleting substance and synthetic greenhouse gas emissions (CPPFES2043A) •  Enter and verify programs for fire protection systems (UEEEC0026) •  Install fire detection and warning system apparatus (UEEEC0041)
•  Repairs basic electronic apparatus faults by replacement of components (UEEEC0060) •  Verify compliance and functionality of fire protection system installation (UEEEC0076) •  Install and maintain cabling for multiple access to telecommunication services (UEEDV0005) 1 May 2030
5  emergency lighting—certify licence mentioned in schedule 2, part 31, section 1(1), as in force immediately before the commencement	fire protection—electrical stream—certify—emergency lighting licence mentioned in schedule 2, part 31, section 1(3)	successful completion of Certificate IV in fire systems compliance—fire detection including the following competency units— •  Provide photometric data for illumination system design (UEENEEG184A) •  Select effective and efficient light sources and luminaries for given locations and designs (UEENEEG185A) 1 May 2030
6  special hazard suppression systems—certify—restricted to gaseous, water mist and reticulated foam proportioning systems occupational licence mentioned in schedule 3, part 4, section 1(1), as in force immediately before the commencement	fire protection—special hazard fire system stream—certify occupational licence mentioned in schedule 3, part 4, section 1(1)	if the licensee did not hold the licence of the former class mentioned in item 7 immediately before the commencement— successful completion of the following competency units— •  Certify wet and dry chemical suppression systems (installation) (QLD344HCI11A) •  Certify wet and dry chemical suppression systems (maintenance) (QLD344HCM14A) 1 May 2023
7  special hazard suppression systems—certify—restricted to chemical and foam special hazard systems occupational licence mentioned in schedule 3, part 4, section 1(2), as in force immediately before the commencement	fire protection—special hazard fire system stream—certify occupational licence mentioned in schedule 3, part 4, section 1(1)	if the licensee did not hold the licence of the former class mentioned in item 6 immediately before the commencement— successful completion of the following competency units— •  Certify gaseous fire suppression systems (installation) (QLD344HGI12A) •  Certify gaseous fire suppression systems (maintenance) (QLD344HGM15A) 1 May 2023
8  special hazard suppression systems—maintain—restricted to gaseous, water mist and reticulated foam proportioning systems occupational licence mentioned in schedule 3, part 4, section 1(4), as in force immediately before the commencement	fire protection—special hazard fire system stream—install and maintain occupational licence mentioned in schedule 3, part 4, section 1(2)	successful completion of Certificate III in fire protection (CPC32813) 1 May 2030
9  fire detection, alarm and warning systems—install and maintain—extra low voltage occupational licence mentioned in schedule 3, part 9, section 1(2), as in force immediately before the commencement	fire protection—electrical stream—install and maintain—fire alarm systems occupational licence mentioned in schedule 3, part 10, section 1(4)	if the licensee is not the holder of an electrical mechanic licence, successful completion of— (a)  Certificate III in fire protection control (UEE31011) (the certificate); and (b)  if the licensee has not successfully completed the certificate on or before the commencement—the competency unit Inspect and test emergency and exit lighting systems (CPPFES2026A) 1 May 2030
10  emergency lighting—certify occupational licence mentioned in schedule 3, part 10, section 1(1), as in force immediately before the commencement	fire protection—electrical stream—certify—emergency lighting occupational licence mentioned in schedule 3, part 10, section 1(3)	successful completion of Certificate IV in fire systems compliance—fire detection including the following competency units— •  Provide photometric data for illumination system design (UEENEEG184A) •  Select effective and efficient light sources and luminaries for given locations and designs (UEENEEG185A) 1 May 2030

Schedule 8 Dictionary

section 3

agency of the State includes the following—

(a)a department;

(b)a government owned corporation;

(c)an entity established under an Act;

(d)a rail government entity under the Transport Infrastructure Act 1994.

approved managerial qualification, for an individual applying for a contractor’s or nominee supervisor’s licence, means either of the following courses provided by a registered training organisation—

(a)Establish legal and risk management requirements of small business BSBSMB401;

(b)another course that the commission considers is at least equivalent to the course mentioned in paragraph (a).

builder contractor’s licence means—

(a)a licence of a class mentioned in schedule 2, any of parts 4 to 10; or

(b)a licence of any of the following classes mentioned in section 60—

(i)building restricted to alterations and additions;

(ii)building restricted to external finishes;

(iii)building restricted to building removal;

(iv)building restricted to renovations, repairs and maintenance;

(v)building restricted to repairs and maintenance;

(vi)building restricted to non-structural renovations.

building certifier see the Building Act 1975, section 8.

building certifying function see the Building Act 1975, section 10.

Building Code of Australia see the Building Act 1975, section 12.

building envelope, for a residence or related roofed building, see section 67WC(3) of the Act.

built work, for schedule 6, see schedule 6, section 2.

certify, in relation to fire protection equipment of a stated type, for schedule 2, parts 22A to 31 and schedule 3, see section 7A.

class, for a building, means the class for the building under the Building Code of Australia.

commercial and industrial fire sprinkler systems, for schedules 2 and 3, means fire sprinkler systems other than domestic fire sprinkler systems or residential fire sprinkler systems.

common property, for a community titles scheme, see the Body Corporate and Community Management Act 1997, section 10.

community titles scheme see the Body Corporate and Community Management Act 1997, section 10.

conviction, of a person for a demerit offence, see section 67AQ of the Act.

defective work, for schedule 6, see schedule 6, section 14.

defined event, for schedule 6, see schedule 6, section 2.

design licence means a licence of a class mentioned in—

(a)schedule 2, part 11, 12, 13 or 38; or

(b)schedule 2, part 26, section 1(1); or

(c)schedule 2, part 31, section 1(1).

design requirements, for fire protection equipment, means any of the following that is relevant to the equipment—

(a)an Australian Standard;

(b)the Building Code of Australia;

(c)an international standard;

(d)the manufacturer’s specifications;

(e)plans or designs approved under a building development approval under the Building Act 1975;

(f)the Queensland Development Code.

detached dwelling means a residence that is a single detached dwelling or manufactured home.

domestic fire sprinkler systems, for schedules 2 and 3, means fire sprinkler systems for—

(a)class 1 buildings; or

(b)class 10a buildings attached to class 1 buildings.

drainer—on-site sewerage facility licence, for schedule 2, part 20, see schedule 2, part 20, section 6.

duplex means a building comprising 2 residential units.

electrical mechanic licence means—

(a)an electrical mechanic licence issued under the Electrical Safety Regulation 2013; or

(b)an electrical contractor licence issued under the Electrical Safety Regulation 2013, if the person to whom the licence is issued, previously held an electrical mechanic licence under that regulation.

emergency lighting, for schedule 2, parts 22A to 31 and schedule 3—

(a)means lighting designed and constructed to show an exit or an evacuation route from a building in the event of a fire; and

(b)includes signage associated with lighting mentioned in paragraph (a).

ends, for a fixed price residential contract, for schedule 6, see schedule 6, section 4.

evacuation route see the Building Fire Safety Regulation 2008, section 5.

extra low voltage see the Electrical Safety Act 2002, schedule 2.

fire, for schedule 6, see schedule 6, section 2.

fire alarm systems include—

(a)fire detection systems; and

(b)emergency warning and intercom systems; and

(c)the inputs, outputs and controls associated with the systems mentioned in paragraphs (a) and (b); and

(d)fire ventilation control systems; and

(e)monitoring systems and controls for fire suppression; and

(f)smoke and heat alarm systems and devices.

fire and smoke walls, for schedules 1AA, 2 and 3—

(a)generally, means smoke-proof walls or walls requiring a fire-resistance level under the Building Code of Australia; but

(b)does not include—

(i)masonry brick or block walls; or

(ii)pre-cast or in situ tilt-up concrete panels; but

(c)includes fire-rated grout associated with panels mentioned in paragraph (b)(ii).

fire protection licence means a licence of a class mentioned in—

(a)schedule 2, any of parts 22A to 33; or

(b)schedule 3; or

(c)schedule 7A, any of parts 2 to 4.

fire-rated ceilings means ceiling systems requiring a fire-resistance level under the Building Code of Australia.

fire sprinkler systems, for schedules 2 and 3, include—

(a)any of the following types of systems—

(i)deluge systems;

(ii)drenchers;

(iii)pumped water mist systems;

(iv)wall wetting systems;

(v)other water-based fire sprinkler systems;

(vi)fixed foam proportioning and concentrate storage and delivery systems; and

(b)the pipework reticulation, pumps and valves associated with the systems.

fixed price residential contract, for schedule 6, see schedule 6, section 3.

forcible removal, of built work, for schedule 6, see schedule 6, section 2.

gas system, for schedule 2, part 36, see schedule 2, part 36, section 6.

gas work, for schedule 2, part 36, see schedule 2, part 36, section 6.

gas work authorisation, for schedule 2, part 36, see schedule 2, part 36, section 6.

gas work licence, for schedule 2, part 36, see schedule 2, part 36, section 6.

general repair means a repair that is not carried out in connection with the preparation of a record of maintenance within the meaning of the Building Fire Safety Regulation 2008.

incomplete work provisions, for schedule 6, see schedule 6, section 2.

insolvent, for schedule 6, see schedule 6, section 2.

inspect and test, in relation to fire protection equipment of a stated type, for schedule 2, parts 22A to 31 and schedules 3 and 4, means each of the following—

(a)inspect, by visual examination, the components of the equipment to confirm—

(i)the settings and physical condition of the equipment are correct; and

(ii)the equipment is fit for purpose; and

(iii)the equipment meets its design requirements;

(b)test the equipment, by confirming—

(i)the equipment or components of the equipment are functioning correctly; and

(ii)the equipment meets its design requirements;

(c)prepare a record of the results of the inspection and testing under paragraphs (a) and (b), other than a certificate mentioned in section 7A.

install, in relation to fire protection equipment of a stated type, means both of the following—

(a)do 1 or more of the following in a way that meets the design requirements for the equipment—

(i)place in position or connect the equipment so it is ready for use;

(ii)restore the equipment to its original operating specifications;

(iii)modify, or otherwise alter the performance of, the equipment;

(b)prepare an advice, report or other document, other than a certificate mentioned in section 7A, about the placement, restoration or modification under paragraph (a).

insurance information statement, about land or a manufactured home, means a written statement about—

(a)whether cover under the statutory insurance scheme is in force for residential construction work relating to the land or manufactured home; and

(b)if cover under the statutory insurance scheme is in force—whether a claim has been made under the scheme and any amount paid on the claim.

interested party, for a building, means a party or prospective party to a contract of sale for the building.

interest schedule lot entitlement, for schedule 6, see schedule 6, section 2.

liability amount, for a consumer for residential construction work, for schedule 6, see schedule 6, section 2.

licence fee means the fee payable on application for, or renewal of, a licence.

licensed contractor, for schedule 6, see schedule 6, section 2.

living unit means a living unit as mentioned in section 39.

lot, for schedule 6, see schedule 6, section 2.

maintain, in relation to fire protection equipment of a stated type, for schedule 2, parts 22A to 31 and schedules 3 and 4, means both of the following—

(a)do 1 or more of the following in a way that meets the design requirements for the equipment—

(i)inspect and test the equipment;

(ii)repair defective components or replace them with components substantially similar to the original working components to keep the equipment in working order according to the original specifications for the equipment;

(iii)carry out activities to prevent or minimise faults or malfunctions of the equipment;

Examples of activities for subparagraph (iii)—

•adjusting components

•cleaning, lubricating

(b)prepare an advice, report or other document, other than a certificate mentioned in section 7A, about the inspection and testing, repair or replacement or carrying out of activities under paragraph (a).

manufactured home see the Manufactured Homes (Residential Parks) Act 2003, section 10.

mechanical services licence means a licence of a class mentioned in—

(a)schedule 2, part 47, 48, 48A or 48B; or

(b)schedule 3A.

medical gas work means constructing, installing, replacing, repairing, altering, maintaining, testing or commissioning a medical gas system in a building.

minimum financial requirements policy ...

multiple dwelling means a building comprising 2 or more separate residential units, other than a duplex.

prime cost item, for a fixed price residential contract, for schedule 6, see schedule 6, section 2.

private property includes a separate, distinct parcel of land for which an interest is recorded in a register under the Land Act 1994.

provisional sum, for a fixed price residential contract, for schedule 6, see schedule 6, section 2.

Queensland Development Code see the Building Act 1975, section 13.

rectification work, for schedule 6, see schedule 6, section 15(1).

refrigerant gas means a substance or mixture of substances, other than water, capable of undergoing a change in phase, that is used in a mechanical heating or cooling system.

registered training organisation see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

reinstatement work, for schedule 6, see schedule 6, section 10(2).

relevant special hazard fire systems means suppression, extinguishing or inerting systems that use stored pressure, a chemical reaction or compressed gas to discharge or generate any 1 or more of the following—

(a)an aqueous solution;

(b)a chemical agent;

(c)a foam solution;

(d)a gaseous agent;

(e)hypoxic air;

(f)water.

residential fire sprinkler systems, for schedules 2 and 3, means fire sprinkler systems for class 2, class 3 or class 9c buildings—

(a)no more than 4 storeys; and

(b)with a gross floor area of no more than 5,000m².

storm, for schedule 6, see schedule 6, section 2.

structural defect, for primary insurable work, for schedule 6, see schedule 6, section 2.

substantially complete, for residential construction work, for schedule 6, see schedule 6, section 2.

supporting structure, for a sign, is a structure the main purpose of which is to display the sign, including any structure attached to or suspended from a building to allow the sign to be displayed, including, for example, a sign case or other box-type structure, but does not include the building.

survey ...

swimming pool see the Building Act 1975, schedule 2.

technical qualifications document means the document called ‘Technical Qualifications for Licensing’ made by the chief executive and published on the department’s website.

terrorist act, for schedule 6, see schedule 6, section 2.

trade contractor’s licence means a licence other than a builder contractor’s licence.

Type A, for construction, means Type A construction under the Building Code of Australia.

Type B, for construction, means Type B construction under the Building Code of Australia.

unrestricted electrical contractor licence means an electrical contractor licence under the Electrical Safety Act 2002 that does not include any conditions or restrictions.

vandalism, of built work, for schedule 6, see schedule 6, section 2.