Untitled document

Building Amendment Regulations 2016

S.R. No. 33/2016

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Definitions

6Regulations 119, 120 and 121 revoked—Farm buildings

7Regulations 123 and 124 revoked—Fire hazards and sprinkler protection of covered balconies

8New regulation 1205A inserted

9Contents and form of annual report

10Annual reports and records to be made available by owners of buildings constructed before 1 July 1994

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Endnotes

STATUTORY RULES 2016

S.R. No. 33/2016

Building Act 1993

Building Amendment Regulations 2016

The Governor in Council makes the following Regulations:

Dated: 26 April 2016

Responsible Minister:

RICHARD WYNNE
Minister for Planning

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Building Regulations 2006—

(a)to provide further for the maintenance requirements of certain essential safety measures; and

(b)to make other miscellaneous amendments.

2Authorising provisions

These Regulations are made under sections 7, 9, 261 and 262 of, and Schedule 1 to, the Building Act 1993.

3Commencement

(1)These Regulations (except regulations 6 and 7) come into operation on the day on which they are made.

(2)Regulations 6 and 7 come into operation on 1 May 2016.

4Principal Regulations

In these Regulations, the Building Regulations 2006[1] are called the Principal Regulations.

5Definitions

In regulation 105 of the Principal Regulations, insert the following definition—

"AS 1851—2012 means AS 1851—2012 Routine service of fire protection systems and equipment, as issued from time to time;".

6Regulations 119, 120 and 121 revoked—Farm buildings

Regulations 119, 120 and 121 of the Principal Regulations are revoked.

7Regulations 123 and 124 revoked—Fire hazards and sprinkler protection of covered balconies

Regulations 123 and 124 of the Principal Regulations are revoked.

8New regulation 1205A inserted

After regulation 1205 of the Principal Regulations, insert—

"1205A   Compliance with AS 1851—2012 taken to be compliance with earlier standards

(1)This regulation applies in relation to a condition on an occupancy permit, or a maintenance determination, which specifies the frequency and type of maintenance required for an essential safety measure pertaining to a building or place of public entertainment.

(2)Despite sections 40 and 51 of the Act, and regulation 1205, if the condition on the occupancy permit or the maintenance determination specifies that the essential safety measure must be maintained in accordance with AS 1851—2005 Maintenance of fire protection systems and equipment, as issued from time to time, or an equivalent standard published before 5 September 2005, compliance with AS 1851—2012 is taken to be compliance with the frequency and maintenance requirements specified in the condition or maintenance determination (as the case requires).

(3)If the owner of the building or place of public entertainment, in accordance with subregulation (2), complies with

AS 1851—2012 in relation to the essential safety measure, instead of the frequency and type of maintenance required for the essential safety measure specified in the occupancy permit or the maintenance determination, the owner must continue to comply with AS 1851—2012 in relation to the essential safety measure.".

9Contents and form of annual report

After regulation 1209(d) of the Principal Regulations, insert—

"(da)   include a statement that the owner, in accordance with regulation 1205A, is complying with AS 1851—2012 in relation to an essential safety measure, instead of the frequency and type of maintenance required for the essential safety measure specified in the relevant occupancy permit or the maintenance determination; and".

10Annual reports and records to be made available by owners of buildings constructed before 1 July 1994

Regulation 1216(2) of the Principal Regulations is revoked.

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Endnotes

[1]

Reg. 4: S.R. No. 68/2006. Reprint No. 3 as at 11 December 2014.

Reprinted to S.R. No. 197/2014. Subsequently amended by

S.R. Nos 8/2015, 21/2015, 70/2015, 134/2105, 152/2015, 157/2015 and 4/2016.

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5 which inserts the definition of AS 1851—2012 in regulation 105 of the Building Regulations 2006	AS 1851—2012 Routine service of fire protection systems and equipment, published by Standards Australia on 3 December 2012	The whole
Regulation 8 which inserts new regulation 1205A(2) and (3) into the Building Regulations 2006	AS 1851—2005 Maintenance of fire protection systems and equipment published by Standards Australia on 12 September 2005, as reissued and amended on 26 July 2006 and 23 May 2008	The whole
AS 1851—2012 Routine service of fire protection systems and equipment, published by Standards Australia on 3 December 2012	The whole
Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 9 which inserts new regulation 1209(da) into the Building Regulations 2006	AS 1851—2012 Routine service of fire protection systems and equipment, published by Standards Australia on 3 December 2012	The whole