Untitled document

Building (Amendment) Regulations 2003

S.R. No. 43/2003

TABLE OF PROVISIONS

Regulation Page

1.	Objectives	1
2.	Authorising provisions	2
3.	Commencement	2
4.	Definitions	2
5.	Insertion of new Part 4 definition	2
6.	Minimum street setbacks	2
7.	Side and rear setbacks	3
8.	Solar access to existing north-facing habitable room windows	3
9.	Safety of existing swimming pools and spas	3
10.	Self contained smoke alarms	3
11.	Residential care buildings	4
12.	Flood areas	4
13.	Substitution of regulation 6.4	5
6.4	Designated bushfire prone areas	5
14.	Prescribed places of public entertainment	6
15.	Building Appeals Board fees	6
16.	Substitution of regulation 14.2	6
14.2	Application of Part	6
17.	Prescribed qualifications and classes	6
18.	Exemptions for certain building practitioners	7
19.	Certificates of compliance	7

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ENDNOTES 8

i

STATUTORY RULES 2003

S.R. No. 43/2003

Building Act 1993

Building (Amendment) Regulations 2003

The Governor in Council makes the following Regulations:
Dated: 27 May 2003

Responsible Minister:

MARY DELAHUNTY

Minister for Planning

BRIAN TUKE

Acting Clerk of the Executive Council

1. Objectives

The objectives of these Regulations are to amend

the Building Regulations 1994

(a) to make further provision for, and to clarify,

certain provisions relating to

(i) swimming pool and spa safety;

(ii) fire safety for residential care buildings;

(iii)  building work in flood prone and designated bushfire prone areas;

(iv) prescribed places of public
entertainment; and

(b) to prescribe further definitions; and

(c) to revoke redundant provisions; and

(d) to make various consequential amendments.

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S.R. No. 43/2003

2. Authorising provisions

These Regulations are made under sections 7, 15A, 261 and 262 of the Building Act 1993.

3. Commencement

These Regulations come into operation on 2 June

2003.

4. Definitions

In regulation 1.5(1) of the Building Regulations

19941—

(a)	in paragraph (a), in the definition of "chief officer", for "Chief Fire Officer of the Metropolitan Fire Brigades" substitute "Chief Officer of the Metropolitan Fire and Emergency Services";
(b)	insert the following definition— ' "pergola" means an open structure which

is unroofed but may have a covering of

open weave permeable material;'.

5. Insertion of new Part 4 definition

In regulation 4.1 of the Building Regulations 1994
insert the following definition—

' "fence" includes—

(a) a screen; or

(b) a structure similar to a fence;'.

6. Minimum street setbacks

In regulation 4.9(3)(d) of the Building Regulations
1994, for "4.19(4)(d) or 4.19(5)" substitute
"4.19(5)(d) or 4.19(6)".

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7. Side and rear setbacks

In regulation 4.14(3)(d) of the Building substitute "4.19(5)(d) or 4.19(6)".

8.  Solar access to existing north-facing habitable room windows

For the heading to the diagram in regulation 4.17

of the Building Regulations 1994 substitute

"Regulation 4.17: Solar access to existing

north-facing habitable room windows".

9. Safety of existing swimming pools and spas

In regulation 5.13(3) of the Building Regulations

1994—

(a) in paragraph (a), for "a lock or latch" substitute "a self-locking or self-latching device";

(b) for paragraph (c) substitute

"(c) that the door or gate is fitted with a

device that returns the door or gate to
its closed position

(i)  from any position in the range of positions from fully open to resting on the lock or latch; and

(ii)

from a stationary start from any the application of manual force.".

10. Self contained smoke alarms

Regulation 5.14(4) of the Building Regulations
1994 is revoked.

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S.R. No. 43/2003

11. Residential care buildings

For regulation 5.15(1)(a) of the Building
Regulations 1994 substitute—

"(a) which is a place of residence where 10% or

more of persons who reside there need
physical assistance in conducting their daily
activities and to evacuate the building during
an emergency (including any residential care
service, State funded residential care service
or supported residential service as defined in
the Health Services Act 1988) but does not
include—

(i) a hospital; or

(ii)

a dwelling in which 2 or more members 2 other persons would ordinarily be resident; or

(iii)  a place of residence where only one resident needs physical assistance in conducting their daily activities and to

evacuate the building during an
emergency; and".

12. Flood areas

After regulation 6.2(3) of the Building

Regulations 1994 insert—

"(3A) The consent and report of the relevant

council under sub-regulation (3) need not be

obtained to an application for a building

permit if

(a) a planning permit is required for the construction of the building; and

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(b) the relevant planning scheme regulates the level of the lowest floor of the building in relation to any flood level declared under the Water Act 1989 or otherwise determined by the floodplain management authority or the council.".

13. Substitution of regulation 6.4

For regulation 6.4 of the Building Regulations

1994 substitute—

"6.4 Designated bushfire prone areas

(1) A council, after consultation with the chief officer, may determine that areas within its municipal district are designated bushfire

prone areas for the purposes of the BCA.

(2) If a building is to be constructed on an

allotment in a designated bushfire prone area

and

(a)	a planning permit is required for the construction of the building on the allotment; and
(b)	a site assessment for the purpose of determining bushfire risk to the building has been considered as part of the application for the planning

permit

the relevant building surveyor may accept
that site assessment for the purpose of
determining the construction requirements
that are applicable to the building due to the
allotment being in a designated bushfire
prone area.".

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14. Prescribed places of public entertainment

In regulation 10.3 of the Building Regulations

1994—

(a) for "North;" substitute "North.";

(b) omit—
"Victoria Park, Abbotsford;
Waverley Park, Mulgrave;
Western Oval, Footscray.".

15. Building Appeals Board fees

In regulation 12.2 of the Building Regulations

1994

(a)	in sub-regulation (1)(e), for "a request" substitute "an appeal";
(b)	in sub-regulation (2)(a), for "an application" substitute "a request".

16. Substitution of regulation 14.2

For regulation 14.2 of the Building Regulations

1994 substitute—

"14.2 Application of Part

This Part does not apply to a building product which complies with the relevant deemed-to-satisfy provisions of the BCA.".

17. Prescribed qualifications and classes

In regulation 15.3(1) of the Building Regulations
1994, for "National Professional Engineers
Register—Section Three (NPER-3)" (wherever
occurring) substitute "National Professional
Engineers Register (NPER)".

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18. Exemptions for certain building practitioners

Regulations 15.5(4), 15.5(5), 15.5(6), 15.5(8) and
15.5(11) of the Building Regulations 1994 are

revoked.

19. Certificates of compliance

For regulation 15.7(1A)(f) of the Building

Regulations 1994 substitute—

"(f) for a certificate relating to the erection of a

prescribed temporary structure—category of
building surveyor or building inspector or
category of engineer, class of civil engineer
or category of erector or supervisor
(temporary structures) in the appropriate

class.".

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Building (Amendment) Regulations 2003

Endnotes

S.R. No. 43/2003

ENDNOTES

1 Reg. 4: S.R. No. 81/1994. Reprint No. 6 incorporating amendments as at

1 July 2002. Subsequently amended by S.R. No. 132/2002.