Queensland Building Services Authority and Other Legislation Amendment Regulation (No. 2) 2009 (Qld)

Queensland Queensland Building Services Authority and Other Legislation Amendment Regulation (No. 2) 2009 Subordinate Legislation 2009 No. 243 made under the Building and Construction Industry Payments Act 2004 Domestic Building Contracts Act 2000 Queensland Building Services Authority Act 1991 Contents Part 1 1 2 Part 2 3 4 Part 3 5 6 Part 4 7 8 9 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Building and Construction Industry Payments Regulation 2004 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of sch 1 (Adjudication qualification) . . . . . . . . . . . . . 3 Amendment of Domestic Building Contracts Regulation2000 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Insertion of new s 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2A Prescribed matters for Act, s 27(2)(h) . . . . . . . . . . . . 4 Amendment of Queensland Building Services AuthorityRegulation 2003 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 5 (Work that is not building work) . . . . . . . . . . . 5 Amendment of s 8 (Scope of work for a licence—incidental work of another class) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Queensland Building Services Authority and Other Legislation Amendment Regulation (No. 2) 2009 Contents 10 Insertion of new s 21A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 21A Exceptional circumstances for granting application for permit—Act, s 44B(4)(a) . . . . . . . . . . . . . . . . . . . . 7 11 Amendment of s 43 (Licences that may be held and renewed after commencement—Act, s 30). . . . . . . . . . . . . . . . . . . . . . . . . 7 12 Insertion of a new pt 7, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Division 5 Transitional provisions for Queensland Building Services Authority Amendment Regulation (No. 2) 2009 54 Definition for div 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 55 Existing licence automatically transitions to licence class ................................ 8 56 Existing licence combination automatically transitions to licence class . . . . . . . . . . . . . . . . . . . . . 9 57 Licence subject to a condition or endorsement . . . . . 13 58 Portable fire equipment and hose reels licence class qualification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 13 Amendment of sch 2 (Classes of licences and licence requirements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 14 Amendment of sch 2A (Classes and requirements of fire protection occupational licences) . . . . . . . . . . . . . . . . . . . . . . . . . 16 15 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 18 Page 2 2009 SL No. 243

Queensland Building Services Authority and Other Legislation Amendment Regulation(No. 2) 2009 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Queensland Building Services Authority and Other Legislation Amendment Regulation (No. 2) 2009 . 2 Commencement The following commence on 1 December 2009— (a) section 8(1) to (3); (b) section 9. Part 2 Amendment of Building and Construction Industry Payments Regulation 2004 3 Regulation amended This part amends the Building and Construction Industry Payments Regulation 2004 . 4 Amendment of sch 1 (Adjudication qualification) (1) Schedule 1, part 1— insert— ‘7 Able Adjudication Pty Ltd ACN 134 663 933’. (2) Schedule 1, part 2, item 14, ‘decision’— omit, insert— ‘determination’. 2009 SL No. 243 Page 3

Queensland Building Services Authority and Other Legislation Amendment Regulation(No. 2) 2009 Part 3 Amendment of Domestic Building Contracts Regulation 2000 [s 5] (3) Schedule 1, part 2, item 17, ‘Assessment–Examination’— omit, insert— ‘Assessment 1–Examination’. Part 3 Amendment of Domestic Building Contracts Regulation 2000 5 Regulation amended This part amends the Domestic Building Contracts Regulation2000 . 6 Insertion of new s 2A After section 2— insert— ‘2A Prescribed matters for Act, s 27(2)(h) ‘For the Act, section 27(2)(h), the contract must not contain a provision that— (a) is contrary to the QBSA Act; or (b) purports to exclude, limit or otherwise change the effect of a provision of the QBSA Act. Examples — 1 A contractual provision that deems a direction under the QBSA Act, section 72 given to a construction manager or other building contractor to be a direction given to someone else. 2 A contractual provision that requires a building owner to indemnify a construction manager or other building contractor against all liabilities and costs that may arise if a direction under the QBSA Act, section 72 is given to a construction manager or other building contractor.’. Page 4 2009 SL No. 243

Queensland Building Services Authority and Other Legislation Amendment Regulation(No. 2) 2009 Part 4 Amendment of Queensland Building Services Authority Regulation 2003 [s 7] Part 4 Amendment of Queensland Building Services Authority Regulation 2003 7 Regulation amended This part amends the Queensland Building Services AuthorityRegulation 2003. 8 Amendment of s 5 (Work that is not building work) (1) Section 5(1)(b), ‘less than $1100’— omit, insert— ‘$3300 or less’. (2) Section 5(1)(b)(iii), ‘$1100 or more’— omit, insert— ‘more than $3300’. (3) Section 5(1)(b)— insert— ‘(iv) the work is within the scope of work of a licence provided for in schedule 2, part 35 and the value of the work is more than $1100;’. (4) Section 5(1)(x), after ‘including’— insert— ‘luggage, mail or’. (5) Section 5(1)— insert— ‘(zq) work consisting of installation of insect screens, other than— (i) screens used for security; and 2009 SL No. 243 Page 5

Queensland Building Services Authority and Other Legislation Amendment Regulation(No. 2) 2009 Part 4 Amendment of Queensland Building Services Authority Regulation 2003 [s 9] (ii) screens used for a particular material or system designed for the prevention of termite infestation; (zr) work consisting of line marking; (zs) work performed by a fire safety adviser under the Building Fire Safety Regulation 2008 .’. (6) Section 5(5)— insert — ‘ agency of the State includes the following— (a) a department; (b) a government owned corporation; (c) an entity established under an Act.’. (7) Section 5(5), definition busway , paragraph (c)— omit , insert — ‘(c) a causeway or culvert in, on, or under a busway that is associated with the busway; and (d) a structure in, on, or under a busway that is associated with the busway.’. (8) Section 5(5), definition road , paragraph (b)(ii)— omit , insert — ‘(ii) a causeway or culvert in, on, or under a road that is associated with the road; and (iii) a structure in, on, or under a road that is associated with the road.’. 9 Amendment of s 8 (Scope of work for a licence— incidental work of another class ) Section 8(2), ‘less than $1100’— omit, insert— ‘$3300 or less’. Page 6 2009 SL No. 243

Queensland Building Services Authority and Other Legislation Amendment Regulation(No. 2) 2009 Part 4 Amendment of Queensland Building Services Authority Regulation 2003 [s 10] 10 ‘21A Insertion of new s 21A After section 21— insert— Exceptional circumstances for granting application for permit—Act, s 44B(4)(a) ‘For the Act, section 44B(4)(a), 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.’. 11 Amendment of s 43 (Licences that may be held and renewed after commencement—Act, s 30) Section 43(1), ‘building restricted to renovations—wet areas’, ‘carpentry restricted to internal finishes’, ‘carpentry restricted to outdoor construction’, ‘concreting restricted to underpinning and foundation repairs’, ‘painting restricted to new domestic buildings’, ‘painting restricted to repainting domestic buildings’— omit . 12 Insertion of a new pt 7, div 5 After section 53— insert— 2009 SL No. 243 Page 7

Queensland Building Services Authority and Other Legislation Amendment Regulation(No. 2) 2009 Part 4 Amendment of Queensland Building Services Authority Regulation 2003 [s 12] ‘Division 5 Transitional provisions for Queensland Building Services Authority Amendment Regulation (No. 2) 2009 ‘54 Definition for div 5 ‘In this division— existing licence means a licence of a class specified in section 43. ‘55 Existing licence automatically transitions to licence class ‘(1) This section applies to a licensee who immediately before the commencement held an existing licence for a class mentioned in column 1 of the following table (the column 1 licence )— Table Column 1 Column 2 1 Building restricted to renovations—wet areas Builder restricted to kitchen, bathroom and laundry installation 2 Carpentry restricted to internal Joinery finishes 3 Carpentry restricted to outdoor Structural landscaping (trade) construction 4 Concreting restricted to Foundation work (piling and underpinning and foundation anchors) repairs 5 Painting restricted to new domestic buildings Painting and decorating 6 Painting restricted to Painting and decorating repainting domestic buildings Page 8 2009 SL No. 243

Queensland Building Services Authority and Other Legislation Amendment Regulation(No. 2) 2009 Part 4 Amendment of Queensland Building Services Authority Regulation 2003 [s 12] ‘(2) The licensee is taken to be a licensee for a licence of a class mentioned in column 2 of the table shown opposite the column 1 licence. ‘56 Existing licence combination automatically transitions to licence class ‘(1) This section applies to a licensee who immediately before the commencement held an existing licence for all classes mentioned in an item in column 1 of the following table (the column 1 licence combination )— Table Column 1 Column 2 1 Carpentry (formwork); and Carpentry Carpentry restricted to framing 2 Carpentry (formwork); and Carpentry Carpentry restricted to framing; and Carpentry restricted to lattice and other timber work 3 Carpentry restricted to outdoor Structural landscaping (trade) construction; and Carpentry restricted to lattice and other timber work 4 Carpentry restricted to outdoor Structural landscaping (trade) construction; and Structural landscaping restricted to fences 5 Carpentry restricted to outdoor Structural landscaping (trade) construction; and Carpentry restricted to lattice and other timber work; and Structural landscaping restricted to fences 2009 SL No. 243 Page 9

Queensland Building Services Authority and Other Legislation Amendment Regulation(No. 2) 2009 Part 4 Amendment of Queensland Building Services Authority Regulation 2003 [s 12] Column 1 Column 2 6 Floor finishing and covering Floor finishing and covering restricted to floor sanding and (hard sector) finishing—timber floors; and Floor finishing and covering restricted to install floating flooring; and Floor finishing and covering restricted to install parquetry flooring 7 Floor finishing and covering Floor finishing and covering restricted to floor sanding and (hard sector) finishing—timber floors; and Floor finishing and covering restricted to install cork flooring; and Floor finishing and covering restricted to parquetry flooring 8 Floor finishing and covering Floor finishing and covering restricted to install floating (hard sector) flooring; and Floor finishing and covering restricted to install cork flooring; and Floor finishing and covering restricted to install parquetry flooring 9 Floor finishing and covering Floor finishing and covering restricted to floor sanding and (hard sector) finishing—timber floors; and Floor finishing and covering restricted to install floating flooring; and Floor finishing and covering restricted to install strip flooring (non-structural) Page 10 2009 SL No. 243

Queensland Building Services Authority and Other Legislation Amendment Regulation(No. 2) 2009 Part 4 Amendment of Queensland Building Services Authority Regulation 2003 [s 12] Column 1 Column 2 10 Floor finishing and covering Floor finishing and covering restricted to floor sanding and (hard sector) finishing—timber floors; and Floor finishing and covering restricted to install parquetry flooring; and Floor finishing and covering restricted to install strip flooring (non-structural); and A column 1 licence combination mentioned in items 6 to 9; and A floor finishing class 11 Painting restricted to new domestic buildings; and A painting class Painting and decorating 12 Painting restricted to Painting and decorating repainting domestic buildings; and A painting class 13 Plastering drywall restricted to Plastering drywall wallboard fixing; and Plastering drywall restricted to plaster setting; and Plastering drywall restricted to cornice fixing 14 Plastering drywall restricted to Plastering drywall wallboard fixing; and Plastering drywall restricted to plaster setting; and Plastering drywall restricted to cornice fixing; and A plastering class 2009 SL No. 243 Page 11

Queensland Building Services Authority and Other Legislation Amendment Regulation(No. 2) 2009 Part 4 Amendment of Queensland Building Services Authority Regulation 2003 [s 12] ‘(2) The licensee is taken to be a licensee for a licence of a class mentioned in column 2 of the table shown opposite the column 1 licence combination. ‘(3) In this section— floor finishing class means 1 or more of the following— (a) floor finishing and covering restricted to floor sanding and finishing—timber floors; (b) floor finishing and covering restricted to install floating flooring; (c) floor finishing and covering restricted to install strip flooring (non-structural); (d) floor finishing and covering restricted to seamless flooring; (e) floor finishing and covering restricted to install cork flooring; (f) floor finishing and covering restricted to install parquetry flooring. painting class means 1 or more of the following— (a) painting restricted to new domestic buildings; (b) painting restricted to repainting domestic buildings; (c) painting restricted to roof painting; (d) painting restricted to special finishes. plastering class means 1 or more of the following— (a) plastering drywall restricted to cornice fixing; (b) plastering drywall restricted to partition installation; (c) plastering drywall restricted to plaster setting; (d) plastering drywall restricted to suspended ceiling fixing; (e) plastering drywall restricted to wallboard fixing. Page 12 2009 SL No. 243

Queensland Building Services Authority and Other Legislation Amendment Regulation(No. 2) 2009 Part 4 Amendment of Queensland Building Services Authority Regulation 2003 [s 13] ‘57 Licence subject to a condition or endorsement ‘(1) This section applies if a licensee held an existing licence subject to a condition or endorsement immediately before the commencement. ‘(2) The licence is taken to be subject to the same condition or endorsement whether or not the licensee is taken to be a licensee for a licence of a different class because of this division. ‘58 Portable fire equipment and hose reels licence class qualification ‘(1) This section applies if a person gives the authority evidence that— (a) the person was enrolled in the competency unit called ‘Service portable fire extinguishers in the workshop PRMPFES14B’ (the competency unit ) before the commencement; and (b) the person successfully completed the competency unit before 1 January 2011. ‘(2) The person is taken to have satisfied the technical qualification mentioned in— (a) schedule 2, part 28, section 3(2)(a)(iii); and (b) schedule 2A, part 8, section 3(2)(a)(iii).’. 13 Amendment of sch 2 (Classes of licences and licence requirements) (1) Schedule 2, part 4, section 2(4)(a)— omit, insert— ‘(a) a completed building inspection for an interested party; or’. (2) Schedule 2, part 4, section 2— insert— 2009 SL No. 243 Page 13

Queensland Building Services Authority and Other Legislation Amendment Regulation(No. 2) 2009 Part 4 Amendment of Queensland Building Services Authority Regulation 2003 [s 13] ‘(5) In this section— interested party , for a building, means a party or prospective party to a contract of sale for the building.’. (3) Schedule 2, part 5, section 2(4)(a)— omit, insert— ‘(a) a completed building inspection for an interested party; or’. (4) Schedule 2, part 5, section 2— insert— ‘(5) In this section— interested party , for a building, means a party or prospective party to a contract of sale for the building.’. (5) Schedule 2, part 6, section 2(2)(a)— omit, insert— ‘(a) a completed building inspection for an interested party; or’. (6) Schedule 2, part 6, section 2(5)— insert— ‘ interested party , for a building, means a party or prospective party to a contract of sale for the building.’. (7) Schedule 2, part 14, section 2— omit, insert— ‘2 Scope of work ‘A completed building inspection, including an inspection and preparation of a report in accordance with Australian Standard 4349.1 ‘Inspection of Buildings-Property Inspections-Residential Buildings.’. (8) Schedule 2, part 15, section 3(a)(i) and (ii)— omit, insert— Page 14 2009 SL No. 243

Queensland Building Services Authority and Other Legislation Amendment Regulation(No. 2) 2009 Part 4 Amendment of Queensland Building Services Authority Regulation 2003 [s 13] ‘(i) an apprenticeship in cabinet making including competency Install furnishing products LMFFM3006B; (ii) Certificate III in Cabinet Making LMF32109 including competency Install furnishing products LMFFM3006B;’. (9) Schedule 2, part 18, section 2(1)— insert— ‘(g) fire hydrants, with or without pumps; (h) fire hose reels, with or without pumps.’. (10) Schedule 2, part 21, section 3(2)(a), ‘PRM20404’— omit, insert— ‘PRM20406’. (11) Schedule 2, part 22, section 3(a)(i), ‘PRM20404’— omit, insert— ‘PRM20406’. (12) Schedule 2, part 24, section 3(4)(a), ‘PRM20404’— omit, insert— ‘PRM30406’. (13) Schedule 2, part 25, section 3(7)(b)(i), ‘or’— omit, insert— ‘and’. (14) Schedule 2, part 27, section 3(3)(a), ‘PRM20404’— omit, insert— ‘PRM20406’. (15) Schedule 2, part 28, section 3(2)(a), ‘PRM20404’— omit, insert— ‘PRM20406’. (16) Schedule 2, part 28, section 3(2)(a)(iii)— 2009 SL No. 243 Page 15

Queensland Building Services Authority and Other Legislation Amendment Regulation(No. 2) 2009 Part 4 Amendment of Queensland Building Services Authority Regulation 2003 [s 14] omit, insert— ‘(iii) Install portable fire extinguishers, fire blankets and battery powered smoke alarms PRMPFES11B; or’. (17) Schedule 2, part 29, section 3(3)(a), ‘PRM20404’— omit, insert— ‘PRM20406’. (18) Schedule 2, part 30, section 3(2)(a), ‘PRM20404’— omit, insert— ‘PRM20406’. (19) Schedule 2, part 36, section 2(1), from ‘bearers’ to ‘frames’— omit, insert— ‘bearers and joists’. (20) Schedule 2, part 44, section 3(a)— omit, insert— ‘(a) successful completion of either of the following courses— (i) Diploma in Engineering (Refrigeration and Air Conditioning) (CN941); (ii) Diploma of Refrigeration and Air Conditioning Engineering UEE60707;’. (21) Schedule 2, part 44, section 3(b), ‘the course’— omit, insert— ‘either course’. 14 Amendment of sch 2A (Classes and requirements of fire protection occupational licences) (1) Schedule 2A, part 1, section 3(2)(a), ‘PRM20404’— omit, insert— ‘PRM20406’. Page 16 2009 SL No. 243

Queensland Building Services Authority and Other Legislation Amendment Regulation(No. 2) 2009 Part 4 Amendment of Queensland Building Services Authority Regulation 2003 [s 14] (2) Schedule 2A, part 2, section 1, ‘Certify’— omit, insert— ‘Certify, install and maintain’. (3) Schedule 2A, part 2, section 2, after ‘Certify,’— insert— ‘install and maintain,’. (4) Schedule 2A, part 2, section 3(a)(i), ‘PRM20404’— omit, insert— ‘PRM20406’. (5) Schedule 2A, part 4, section 3(4)(a), ‘PRM30404’— omit, insert— ‘PRM30406’. (6) Schedule 2A, part 7, section 3(2)(a), ‘PRM20404’— omit, insert— ‘PRM20406’. (7) Schedule 2A, part 8, section 3(2)(a), ‘PRM20404’— omit, insert— ‘PRM20406’. (8) Schedule 2A, part 8, section 3(2)(a)(iii)— omit, insert— ‘(iii) Install portable fire extinguishers, fire blankets and battery powered smoke alarms PRMPFES11B; or’. (9) Schedule 2A, part 9, section 3(3)(a), ‘PRM20404’— omit, insert— ‘PRM20406’. (10) Schedule 2A, part 10, section 3(2)(a), ‘PRM20404’— omit, insert— ‘PRM20406’. 2009 SL No. 243 Page 17

Queensland Building Services Authority and Other Legislation Amendment Regulation(No. 2) 2009 Part 4 Amendment of Queensland Building Services Authority Regulation 2003 [s 15] 15 Amendment of sch 3 (Dictionary) (1) Schedule 3— insert— ‘ existing licence — (a) for part 7, division 2, see section 37; or (b) for part 7, division 4, see section 47; or (c) for part 7, division 5, see section 54.’. (2) Schedule 3, definition approved managerial qualification , after ‘contractor’s’— insert— ‘or nominee supervisor’s’. (3) Schedule 3, definition builder contractor’s licence , paragraph (b)(v)— omit . (4) Schedule 3, definition builder contractor’s licence , paragraph (b)(vi) and (vii)— renumber as paragraph (b)(v) and (vi). ENDNOTES 1 Made by the Governor in Council on 5 November 2009. 2 Notified in the gazette on 6 November 2009. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Public Works. © State of Queensland 2009 Page 18 2009 SL No. 243