Capital Development Guidelines Series 7, Fire Risk Management – August 2013




Yüklə 99.22 Kb.
tarix11.04.2016
ölçüsü99.22 Kb.


Capital Development Guidelines - Series 7, Fire Risk Management – August 2013

PRACTICE NOTE – 2014-05 July 2014


BUILDING SURVEYOR’S DISCRETIONS

  1. Application

Applies to all Capital Development - Series 7 – Fire Risk Management (‘Guidelines’).


  1. Issue

The purpose of this Practice Notice is to explain the obligations and requirements of an accredited relevant building surveyor exercising discretion as to compliance with the technical provisions of the Regulations under Sections 10 or 28 of the Building Act 1993 (the ‘Act’) and Regulations 502, 503, 608, 609 and 1011 of the Building Regulations 2006 (the ‘Regulations’).
In considering whether to issue a determination, exemption or consent to partial compliance1 from the provisions of the Regulations, the accredited relevant building surveyor must take into account certain matters.
Building surveyors must also ensure that they obtain consent from the Department through the Fire Risk Management Unit (‘FRMU”) before considering any determination, exemption or consent for partial compliance for any building that the Department has an interest in (i.e. owns, operates or funds) and also from the owner in writing.


  1. Background

The discretionary powers under the Building Act 1993 are predominantly provided to allow an accredited relevant building surveyor to resolve technical issues on a case-by-case basis where the application of the Building Code of Australia (BCA) or other technical provision of the Regulations is inconsistent, ineffective, unduly onerous or impossible to be complied with (a typical example is the BCA provision requiring external walls to be non-combustible2 which might be required to be applied to an existing heritage building with timber external walls). The provisions do not apply to regulations that are not of a technical nature, for example these discretionary powers cannot be applied to vary time limits or report and consent provisions set out in the Regulations.
These discretionary powers apply to existing or subdivided buildings, the change of use of buildings, the combining of allotments where there are existing buildings, or new building work in relation to an existing building.


  1. Analysis

  1. Existing Buildings

In the State of Victoria, buildings and building work must comply with the Building Act 1993 and Building Regulations 2006. For new buildings or new building work, the relevant technical provisions are contained within the Building Code of Australia (BCA), adopted by the Building Regulations 2006.
The Regulations are not retrospective, i.e. they do not require upgrading of existing buildings to present day requirements except in special circumstances3, or where major building work or a change of use is proposed.
Even where existing buildings are recycled or refurbished, compliance with present day requirements is not automatically required. The ‘Guidelines for achieving fire safety when recycling a building’ published by the Australian Uniform Building Regulations Coordinating Council (now the Australian Building Codes Board) states:-
it should not automatically be a cause for concern if a re-cycled building exhibits a level of fire safety somewhat lower or different from that which would arise from a full application of all BCA requirements”.
In considering fire safety in existing buildings, four main compliance standards are therefore potentially applicable which set-out minimum levels of reasonable community risk. It must also be noted that compliance with the requirements of the Guidelines must also be addressed. Any non-compliance with the mandatory requirements of the Guidelines must be referred to, and approval obtained by, the Fire Risk Management Review Panel (FRM Review Panel) in the first instance and any other Department specific requirements in the Guidelines are to be approved by the Fire Risk Management Unit (FRMU) as part of the FEB/FER stakeholder consultation process.
The four main compliance standards are:

  1. The current BCA compliance level (which would usually only apply to a new building); and

  2. The existing compliance level defined by the legislation applicable at the time the building was constructed (usually less than present day requirements);

  3. The “reasonable” compliance level potentially allowable for existing buildings, i.e. where building work is proposed and there is discretion to dispense with BCA provisions in certain circumstances (Regulations 502, 503, 608, 609 and 1011 of the Building Regulations 2006); and

  4. Compliance with the Guidelines.




  1. The process for deciding whether to issue a determination, exemption or consent to partial compliance with the Regulations

The mandatory requirements in the BCA are the performance requirements. The BCA is a performance-based document, with the option of compliance by prescriptive measures Deemed-to-Satisfy (DtS) provisions, demonstrating equivalence to the DtS provisions, or by demonstrating compliance with the performance requirements. Clause A.07 of the BCA states ‘A Building Solution which complies with the DtS provisions is deemed to comply with the performance requirements’. Application of the discretionary powers in the Regulations by the accredited relevant building surveyor to vary the DtS provisions of the BCA may therefore not be deemed to comply with the mandatory performance requirements. In assessing whether to apply the discretionary powers, consideration must also be made for compliance with the relevant performance requirements in the BCA.
In considering whether to issue a determination, exemption or consent to partial compliance for compliance with the relevant provisions of the Regulations, the accredited relevant building surveyor must assess issues based on the specific allotment, building and its use and then establish the level of reasonable community risk applicable to the building as a result of the proposed building work. This level will usually be somewhere between the current BCA DtS risk level and the existing risk level as defined by the legislation applicable at the time the building was constructed, or by the existing building construction itself (for example, for buildings constructed prior to applicable building regulations being in place).
This decision making role is similar to, and consistent with, the role of an accredited relevant building surveyor in determining whether a building is ‘unfit for occupation’ or the building, land or place or building work on the building, land or place is a danger to the life, safety or health of any member of the public or of any person using the building, land or place or to any property’. Whereby in any such instance a building notice should be issued4. All of these powers place an important duty on the accredited relevant building surveyor to decide whether a level of compliance less than the minimum requirements of the BCA is still reasonable.
A decision to vary the application of the provisions of the BCA has a similar effect to a modification5 to the BCA. The assessment of such a determination requires careful consideration of the prescribed matters to be taken into account and documentation of the process and the outcome, as this decision forms a building specific requirement for the ongoing use of that building. Similarly, a material change in the matters taken into account may invalidate the decision and therefore consideration of how the decision is recorded and applied over the life of the building is necessary.
The specific provisions prescribe what must be taken into account when issuing a determination, exemption or consent to partial compliance but do not prescribe the analysis process that the accredited relevant building surveyor must apply.
A determination, exemption or consent to partial compliance must be in writing and should be lodged with the permit documents to the relevant council6. Sample decision templates are included in the specific sections that follow in this practice note.
It is required that the accredited relevant building surveyor request the submission of an application in writing for the determination, exemption or consent to partial compliance and that for reasons of transparency, accountability and future records it is must be lodged with the FRMU as part of the documents forming the application for the permit, it also recommended that any application for such a determination, exemption or consent to partial compliance, be lodged with the relevant council.


  1. Use of Expert Judgement

The BCA defines expert judgement as meaning ‘the judgement of an expert who has the qualification and experience to determine whether a Building solution complies with the performance requirements’ of the BCA. The issue is what the minimum qualification is and experience a person must have to be determined an expert.

It has been determined by the Department (Guideline 7.2) that the use of expert judgement must not be used when there is a recognised calculation methodology available for assessing a fire engineering solution. It can be used as a supplementary component that improves the outcome, but not where it replaces a recognised calculation methodology. This is consistent with the requirements of IFEG 2005.



  1. How to decide what is ‘reasonable’

In deciding whether to issue a determination, exemption or consent to partial compliance the accredited relevant building surveyor must take into account requirements necessary for ‘reasonable provision’ of certain prescribed matters. Typically these factors are the amenity of the building, safety and health of people using the building and avoiding the spread of fire to or from any adjoining building.
The Macquarie Dictionary defines ‘reasonable’ as ‘agreeable to reason or sound judgment’. The accredited relevant building surveyor must therefore apply their own qualifications and experience to the specific matters being assessed. Accredited relevant building surveyors are reminded that Regulation 1502 requires that ‘a registered building practitioner must perform his or her work as a building practitioner in a competent manner and to a professional standard’ and that sometimes the accredited relevant building surveyor will need to seek the advice of other suitably qualified practitioners or industry experts in determining the acceptability or otherwise of a specific building, element of construction or use7.
One way of dealing with complicated or unusual buildings would be to lodge a submission to the Building Appeals Board in accordance with Section 160A of the Act to determine if the performance requirements have been met even though the DtS provisions cannot be satisfied. However it should be understood that approval must first be obtained from the Department through the FRMU before an application is made.
It is not the purpose of this practice note to define all the possible scenarios that might need to be taken into account; however the following list provides some guidance as to the likely assessment matters to be taken into account


  1. As the accredited relevant building surveyor do you have the competence to assess such a determination?

  2. What are the specific BCA DtS provisions (including relevant Australian Standards) that cannot be satisfied?

  3. Is it possible for the designer or builder to demonstrate compliance with the Performance Requirements (this would then determine compliance with the Regulations and no discretion would need to be exercised)?

  4. Is the level of health, safety and amenity proposed consistent with other similar buildings in the community that also do not meet the performance requirements of the BCA?

  5. Does the owner, tenant or building user understand that compliance with the BCA will not be achieved (there may be insurance, Guidelines or other legislative issues that impact on the discretion being exercised, for example the Occupational Health and Safety 2004 or the Commonwealth Disability Discrimination Act 1993. This is especially relevant to government or major building owners who may have established a minimum safety standard in excess of the BCA)?, and

  6. Have all relevant technical issues been considered (for example, discretion to vary fire safety matters may impact on fire-fighting operations and require the input or consent of the relevant fire brigade)?




  1. Outcomes

  1. Section 10; Application of new building regulations to building work

Section 10 of the Act is power given to the accredited relevant building surveyor to consider a building regulation, or an amendment to a building regulation, does not apply to the carrying out of building work if the relevant building surveyor is satisfied, and certifies in writing, that substantial progress was made on the design of the building before the building regulation or amendment commenced.
In deciding whether to exercise the power in Section 10 the accredited relevant building surveyor must first contact the FRMU to ensure that the Department agrees that the current BCA should not apply.
Once these matters are considered, and if power is decided to be exercised, a written statement should be prepared. An example decision template is included in Appendix A of this practice note.


  1. Section 28; Historic Buildings and Special Buildings

Section 28 of the Act is a discretionary power for the accredited relevant building surveyor to consider ‘Historic buildings and special buildings’. It applies only to buildings included on the Heritage Register established under the Heritage Act 1995 and allows that the building permit may be issued without the work complying fully with the Regulations to enable the carrying out of work appropriate to the style, manner of construction and materials of the building. This provision only applies to the specific building work being considered in the application for a building permit. Other issues relating to whether the overall existing building need comply with the Regulations will be subject to whether the provisions in Regulations 502, 503, 608, 609 and 1011 of the Regulations apply.
In deciding whether to exercise the discretionary power in Section 28 the accredited relevant building surveyor must take into account:-

  1. the structural adequacy of the building; and

  2. the requirements necessary to make reasonable provision for the amenity of the building and the safety and health of people using the building.




  1. Decision-making methodology

In relation to item (a), for other than very simple structural matters that are within the expertise of the accredited relevant building surveyor, the advice of a registered building practitioner in the category of engineer, class of civil engineer with specific expertise in the matter being considered should be sought. This advice can then be relied upon to decide whether consent to partial compliance with the BCA can be granted.
In relation to item (b), the “requirements necessary to make reasonable provision for the amenity of the building and the safety and health of people using the building” should be interpreted to mean those health, safety and amenity matters that might have an adverse impact on occupants if not provided. For example, at least one toilet must be provided in most buildings to ensure an unhealthy outcome does not occur. Whether more than one toilet is required is then an amenity matter (i.e. the extent of queuing time) and application of a discretion might be relevant if the ratio of male/female occupants is substantially different to the approximate 50/50 ratio in the BCA, or if the occupants have access to other facilities nearby, but it would be unlikely to ever allow no toilets to be provided.
Fire safety matters will require an assessment of acceptable levels of fire safety in similar existing buildings, i.e. a ‘benchmarking’ of acceptable standards across the community. This will often require the views of the relevant fire brigade to be considered and the consultation process in the International Fire Engineering Guidelines might be a helpful process to adopt for significant fire safety matters.
Once all of these matters are considered, and if discretion is decided to be granted, a written statement should be prepared. An example decision template is included in Appendix B of this practice note.


  1. Regulation 502; Combined Allotments

Regulation 502 of the Regulations is a discretionary power for the accredited relevant building surveyor to determine by statement that two or more contiguous allotments, or an allotment and adjoining land, can be treated as one allotment for the purposes of these Regulations. For example it can apply to an owner who has two adjoining allotments and proposes to construct a single building that is on both allotments. The accredited relevant building surveyor should also have regard to Section 29 of the Act in relation to subdivision before considering any application in relation to Regulation 502.
In deciding whether to exercise the discretionary power in Regulation 502 the accredited relevant building surveyor must take into account:-

  1. the structural adequacy of any building to which the statement applies; and

  2. the requirements necessary to make reasonable provision for:-

    1. the amenity of any building and the safety and health of people using any building to which the statement applies; and

    2. avoiding the spread of fire to or from any adjoining building.

The decision-making methodology described in Section 5.3 of the practice note should be adopted. Once these matters are considered, and if discretion is decided to be granted, a written statement should be prepared. Consideration should be given to including this determination on the Occupancy Permit for the building. An example of a decision template is included in Appendix C of this practice note.




  1. Regulation 503; Subdivision of Existing Buildings

Regulation 503 of the Regulations is a discretionary power for the accredited relevant building surveyor to determine by statement that if an existing building is subdivided, each building resulting from the subdivision must be brought into conformity with these Regulations unless exempted by the accredited relevant building surveyor.
For example it can apply to a building that has been subdivided and sold to a number of separate owners. In deciding whether to exercise the discretionary power in Regulation 503 the accredited relevant building surveyor must take into account:-

  1. the structural adequacy of any building to which the statement applies; and

  2. the requirements necessary to make reasonable provision for—

    1. the amenity of any building and the safety and health of people using any building to which the statement applies; and

    2. avoiding the spread of fire to or from any adjoining building.

The decision-making methodology described in Section 5.3 of the practice note should be adopted. Once these matters are considered and if discretion is decided to be granted, a determination statement should be prepared. Consideration should be given to including this determination on the Occupancy Permit for the building. This could be done by including a condition such as “This building and the adjoining buildings at [insert building details] are subject to a determination of the Municipal/Relevant Building Surveyor in accordance with Regulation 503 of the Building Regulations 2006 that exempts certain parts of the building that existed before [insert date of application for building permit] from compliance with certain parts of the Building Code of Australia. This exemption has been granted subject to the conditions and recommendations in report no. [insert any technical reports relied upon] and Fire Brigade Report No.

[Insert fire brigade approval details if applicable].” An example decision template is included in Appendix D of this practice note.


  1. Regulation 608; Alterations to Buildings

Regulation 608 of the Regulations applies to alterations to an existing building and requires that building work to alter an existing building must comply with the Regulations. There is also a threshold measure whereby the remainder of the existing building must also comply with the Regulations if the proposed alterations, together with any other alterations completed or permitted within the previous 3 years, represent more than half the original volume of the building.


  1. Assessment of Volume of the Building

It is up to the accredited relevant building surveyor to determine what ‘volume’ of the building is to be altered; however the following points may assist the assessment.

      1. Volume will be the floor area of the room or part of the building multiplied by the ceiling or roof height.

      2. In determining what constitutes ‘alterations’ only work requiring a building permit should be considered (i.e. repainting of a room would not be considered as alterations to that room for the purposes of Regulation 608).

      3. If a room or part of a building is to be completely stripped out and refurbished then all of that space is being altered. Examples might include a tenancy fit-out or conversion of a bedroom to a bathroom in a dwelling.

      4. If a room or part of a building is to be partially altered then the accredited relevant building surveyor must determine what volume is being altered. Examples might include installation of new kitchen cupboards in an existing kitchen or an office fit-out where some existing partitioning will remain or the retrofitting of sprinklers in an existing building.

      5. If a room or part of a building is to be unaltered then none of that space is being altered. Examples might include existing bedrooms at the front of a dwelling being altered and extended, or parts of an office fit-out area that are to remain unchanged.




  1. Limits of Discretionary Power

Regulation 608 provides that the accredited relevant building surveyor has discretionary power to consent to partial compliance with the Regulations but must take into account:-

  1. the structural adequacy of the building; and

  2. the requirements necessary to make reasonable provision for—

    1. the amenity of the building and the safety and health of people using the building; and

    2. avoiding the spread of fire to or from any adjoining building.

This discretionary power does not apply if any part of the alteration is an extension to an existing building and the floor area of the extension is greater than the lesser of 25% of the floor area of the existing building or 1000m2.


  1. Use of the Discretionary Power

In deciding whether to exercise the discretionary power in Regulation 608 the accredited relevant building surveyor must take into account;

  1. the structural adequacy of the building; and

  2. the requirements necessary to make reasonable provision for:-

    1. the amenity of the building and the safety and health of people using the building; and

    2. avoiding the spread of fire to or from any adjoining building.

The decision-making methodology described in Section 5.3 of the practice note should be adopted. Once these matters are considered and if discretion is decided to be granted, a written statement should be prepared. Consideration should be given to including this determination on the Occupancy Permit or Certificate of Final Inspection for the building. An example decision template is included in Appendix E of this practice note.




  1. Regulation 609; Alterations Affecting Exits and Paths Of Travel

Regulation 609 of the Regulations is a discretionary power in relation to proposed alterations to a Class 2, 3, 4, 5, 6, 7, 8 or 9 building that would adversely affect any exit or path of travel to an exit. In this case the building must comply with Section D of Volume One of the BCA and the accredited relevant building surveyor may consent to partial compliance with the BCA in certain circumstances.
In deciding whether to exercise the discretionary power in Regulation 609 the accredited relevant building surveyor must take into account:-

    1. the amenity of the building; and

    2. the safety and health of people using the building

The decision-making methodology described in Section 5.3 of the practice note should be adopted. Once these matters are considered and if discretion is decided to be granted, a statement should be prepared. Consideration should be given to including this determination on the Occupancy Permit for the building. An example decision template is included in Appendix F of this practice note.


  1. Regulation 1011 - Change of Use

Regulation 1011 requires that a person must not change the use of a building unless the building complies with the requirements of the Regulations applicable to the new use. The regulation applies in addition to any requirements under Part 5 of the Act to obtain an occupancy permit in respect of change of use or any requirements under regulation 608 in respect of alterations.
In deciding whether to exercise the discretionary power in Regulation 503 the accredited relevant building surveyor must take into account;

  1. the structural adequacy of the building; and

  2. the requirements necessary to make reasonable provision for:-

    1. the amenity of the building and the safety and health of people using the building; and

    2. avoiding the spread of fire to or from any adjoining building.

The decision-making methodology described in Section 5.3 of the practice note should be adopted. Once these matters are considered and if discretion is decided to be granted, a statement should be prepared. Consideration should be given to including this determination on the Occupancy Permit for the building. An example decision template is included in Appendix G of this practice note.
Note: The samples provided in the attached appendices are only designed for the use in relation to the Guidelines.


Endorsed by:

Hank Van Ravenstein

Principal Manager

Fire Risk Management Unit










Approved by:

Terry Bevans

Assistant Director

Asset Maintenance, Property and Asset Services









Appendix A

Sample Only

Building Act 1993


Section 10

APPLICATION OF NEW BUILDING REGULATIONS TO BUILDING WORK
Property details

Number: Street/road: City/suburb/town:

Lot/s: LP/PS: Volume: Folio:

Crown allotment: Section: Parish: County:

Municipal District:
BCA Classification:
Capital Development Guideline number:
Building use or occupation:
Staff Profile:
Occupant/Client Profile:
Maximum number of occupants (clients):
Documents considered (list all documents)

In consideration of a building permit application for the following project:


[insert relevant details]
I am satisfied and hereby certify that substantial progress was made on the design of the building before the commencement of the Building Code of Australia [insert current BCA year edition] on the 1st May [insert current BCA year].
That substantial progress consisted of; [insert details of the design] and was completed on [insert date]
In relation to the building work subject to this building permit, the requirements of Regulation 109 of the Regulations therefore do not apply to the carrying out of that building work. The requirements of the BCA [insert BCA year edition applicable to the date substantial progress was made], as in force at the time the design of the building work was undertaken are therefore applicable.

Registration No: BS-U/L-

Accreditation number: FRM -

Signature: Date of certification:

Note: Despite this certification, nothing prevents the owner and the accredited relevant building surveyor from agreeing that the current BCA (including relevant Australian Standards) is to apply to the carrying out of building work referred to in this certificate.

Appendix B

Sample Only

Building Act 1993


Section 28

STATEMENT OF CONSENT TO PARTIAL COMPLIANCE
Property details

Number: Street/road: City/suburb/town:

Lot/s: LP/PS: Volume: Folio:

Crown allotment: Section: Parish: County:

Municipal District:
BCA Classification:
Capital Development Guideline number:
Building use or occupation:
Staff Profile:
Occupant/Client Profile:
Maximum number of occupants (clients):
Documents considered (list all documents)
The proposed building work as described in [insert text] is required to comply with the Building Regulations 2006 [including the applicable version of the Building Code of Australia]. The work does not comply for the following reasons [insert text].
Comments

The relevant building surveyor may consent to partial compliance with the Regulations. In determining whether to consent to partial compliance the relevant building surveyor must take into account: (1) the structural adequacy of the building; and (2) the requirements necessary to make reasonable provision for the amenity of the building and the safety and health of people using the building.
In relation to (1), the proposed building work does not adversely impact on the existing structure and the structural adequacy of the existing building as follows: [insert text]
In relation to (2), I am satisfied that the requirements necessary to make reasonable provision for the amenity of the building and the safety and health of people using the building have been met for the following reasons [insert text].
Decision

In consideration of the above matters, I am of the opinion that the above building work does not adversely impact on the existing structure and the structural adequacy of the existing building and makes reasonable provision for the amenity of the building and the safety and health of people using the building.


I therefore consent to partial compliance with the Building Regulations 2006 (including the Building Code of Australia) in relation to the following specific matters (insert Regulations or BCA matters not being complied with).
Signature

Registration No: BS-U/L-

Accreditation number: FRM-

Signature: Date:




Appendix C

Sample Only

Building Act 1993


Building Regulation 2006

Regulations 502(1)



REGULATION 502 DETERMINATION STATEMENT

DETERMINATION STATEMENT THAT TWO OR MORE CONTIGUOUS ALLOTMENTS, OR AN ALLOTMENT AND ADJOINING LAND, CAN BE TREATED AS ONE ALLOTMENT
Details of subject allotments/allotment(s) and adjoining land to which this statement applies [list all title or unique property identifier details here]

Number: Street/road: City/suburb/town:

Volume Folio

Number: Street/road: City/suburb/town:

Volume Folio
BCA Classification:
Capital Development Guideline number
Building use or occupation:
Documents considered (list all documents)
Comments

In determining whether to determine that two or more contiguous allotments or an allotment and adjoining land, can be treated as one allotment the relevant building surveyor must take into account: (1) the structural adequacy of any building to which the statement applies; and (2) the requirements necessary to make reasonable provision for (i) the amenity of any building and the safety and health of people using any building to which the statement applies; and (ii) avoiding the spread of fire to or from any adjoining building.


In relation to (1), the proposed building work does not adversely impact on the existing structure and the structural adequacy of the existing building as follows: (insert text)

In relation to (2), I am satisfied that the requirements necessary to make reasonable provision for (i) the amenity of any building and the safety and health of people using any building to which the statement applies; and (ii) avoiding the spread of fire to or from any adjoining building have been met for the following reasons (insert text).


Decision

In consideration of the above matters, I am of the opinion that the above building work does not adversely impact on the existing structure (if applicable) and the structural adequacy of any building on any allotments /allotment(s) and adjoining land (delete whichever is not applicable) to which this statement applies and makes reasonable provision for (i) the amenity of any building and the safety and health of people using any building on any allotments / allotment(s) and adjoining land to which the statement applies; and (ii) avoiding the spread of fire to or from any adjoining building.


I therefore state and determine that the subject allotments and adjoining land (delete whichever is not applicable) may be treated as one allotment for the purposes of the Building Regulations 2006.

Signature:

Registration No: BS-U/L-

Accreditation number: FRM-

Signature: Date:


Appendix D

Sample Only

Building Act 1993

Building Regulation 2006

Regulation 503(2)



REGULATION 503 EXEMPTION STATEMENT

EXEMPTION STATEMENT FOR SUBDIVISION OF EXISTING BUILDINGS

Property details

Number: Street/road: City/suburb/town:

Lot/s: LP/PS: Volume: Folio:

Crown allotment: Section: Parish: County:

Municipal District:
BCA Classification:
Capital Development Guideline number:
Building use or occupation:
Occupant/Client Profile:
Maximum number of occupants:
Documents considered [list all documents]
Provisions of the Building Regulations not able to be complied with

The building work as described in [insert text] is required to comply with the Building Regulations 2006 [including the Building Code of Australia]. The work does not comply for the following reasons [insert text].


Comments

The relevant building surveyor may exempt a building from all or any of the Regulations. In determining whether to consent to an exemption the relevant building surveyor must take into account: (1) the structural adequacy of any building to which the statement applies; and (2) the requirements necessary to make reasonable provision for (i) the amenity of any building and the safety and health of people using the buildings to which the statement applies; and (ii) avoiding the spread of fire to or from any adjoining building.


In relation to (1), the proposed building work does not adversely impact on the existing structure and the structural adequacy of the existing building as follows: (insert text)

In relation to (2), I have, when considering the requirements necessary to make reasonable provision for (i) the amenity of any building and the safety and health of people using the buildings to which the statement applies; and (ii) avoiding the spread of fire to or from any adjoining building, taken into account the following matters (insert text).


Decision

In consideration of the above matters, I am of the opinion that the above building work does not adversely impact on the existing structure and the structural adequacy of the existing building and makes reasonable provision for (i) the amenity of any building and the safety and health of people using the buildings to which the statement applies; and (ii) avoiding the spread of fire to or from any adjoining building.


I therefore state and determine that the following exemptions apply from the Building Regulations 2006 (including the Building Code of Australia) in relation to the following specific matters (insert Regulations or BCA matters being exempted).
Signature:

Registration No: BS-U/L-

Accreditation number: FRM-

Signature: Date:



Appendix E

Sample Only

Building Act 1993

Building Regulation 2006

Regulation 608(4)



REGULATION 608 STATEMENT

CONSENT TO PARTIAL COMPLIANCE FOR ALTERATIONS

OF/OR EXTENSIONS TO AN EXISTING BUILDING

Property details

Number: Street/road: City/suburb/town:

Lot/s: LP/PS: Volume: Folio:

Crown allotment: Section: Parish: County:

Municipal District:
BCA Classification:
Capital Development Guideline number:
Building use or occupation:
Occupant/Client Profile:
Maximum number of occupants:
Documents considered [list all documents]
Provisions of the Building Regulations not able to be complied with

The building work as described in [insert text] is required to comply with the Building Regulations 2006 [including the Building Code of Australia]. The work does not comply for the following reasons [insert text].


Comments

The relevant building surveyor may consent to partial compliance with the Regulations. In determining whether to consent to partial compliance the relevant building surveyor must take into account: (1) the structural adequacy of the building; and (2) the requirements necessary to make reasonable provision for (i) the amenity of the building and the safety and health of people using the building; and (ii) avoiding the spread of fire to or from any adjoining building.


In relation to (1), the proposed building work does not adversely impact on the existing structure and the structural adequacy of the existing building as follows: (insert text)
In relation to (2), I am satisfied that the requirements necessary to make reasonable provision for (i) the amenity of the building and the safety and health of people using the building; and (ii) avoiding the spread of fire to or from any adjoining building have been met for the following reasons (insert text).
Decision

In consideration of the above matters, I am of the opinion that the above building work does not adversely impact on the existing structure and the structural adequacy of the existing building and makes reasonable provision for (i) the amenity of the building and the safety and health of people using the building; and (ii) avoiding the spread of fire to or from any adjoining building.


I therefore state and determine partial compliance with the Building Regulations 2006 (including the Building Code of Australia) in relation to the following specific matters (insert Regulations or BCA matters not being complied with).
Signature:

Registration No: BS-U/L-

Accreditation number: FRM-

Signature: Date:



Appendix F

Sample Only

Building Act 1993

Building Regulation 2006

Regulation 608(4)



REGULATION 609 STATEMENT

CONSENT TO PARTIAL COMPLIANCE FOR EXITS
Property details

Number: Street/road: City/suburb/town:

Lot/s: LP/PS: Volume: Folio:

Crown allotment: Section: Parish: County:

Municipal District:
BCA Classification:
Capital Development Guideline number:
Building use or occupation:
Occupant/Client Profile:
Maximum number of occupants:
Documents considered [list all documents]
Provisions of the Building Regulations not able to be complied with

The building work as described in [insert text] is required to comply with the Building Regulations 2006 [including the Building Code of Australia]. The work adversely affects an exit or path of travel to an exit for the following reasons [insert text].


Comments

The relevant building surveyor may consent to partial compliance with the Regulations. In determining whether to consent to partial compliance the relevant building surveyor must take into account the amenity of the building and the safety and health of people using the building.


I am satisfied that the requirements necessary to make reasonable provision for the amenity of the building and the safety and health of people using the building have been met for the following reasons (insert text).
Decision

In consideration of the above matters, I am of the opinion that the above building work does not adversely impact the amenity of the building and the safety and health of people using the building.


I therefore state and determine partial compliance with the Building Regulations 2006 (including the Building Code of Australia) in relation to the following specific matters (insert Regulations or BCA matters not being complied with).
Signature:

Registration No: BS-U/L-

Accreditation number: FRM-

Signature: Date:




Appendix G

Sample Only

Building Act 1993

Building Regulation 2006

Regulation 1011(2)



REGULATION 1011 STATEMENT

EXEMPTION FROM COMPLIANCE WITH THE REGULATIONS FOR CHANGE OF USE OF A BUILDING

Property details

Number: Street/road: City/suburb/town:

Lot/s: LP/PS: Volume: Folio:

Crown allotment: Section: Parish: County:

Municipal District:
BCA Classification:
Capital Development Guideline number:
Building use or occupation:
Occupant/Client Profile:
Maximum number of occupants:
Documents considered [list all documents]
Provisions of the Building Regulations not able to be complied with

Due to a change of use the building or place of public entertainment as described in [insert text] is required to comply with the Building Regulations 2006 [including the Building Code of Australia]. The change of use results in the following non-compliances with the Regulations [insert text].


Comments

The relevant building surveyor may exempt a building or place of public entertainment from compliance with any of these regulations applicable to the new use. In determining whether to consent to partial compliance the relevant building surveyor must take into account: (1) the structural adequacy of the building; and (2) the requirements necessary to make reasonable provision for (i) the amenity of the building and the safety and health of people using the building; and (ii) avoiding the spread of fire to or from any adjoining building.


In relation to (1), the proposed change of use does not adversely impact on the existing structure and the structural adequacy of the existing building as follows: (insert text)

In relation to (2), I am satisfied that the requirements necessary to make reasonable provision for (i) the amenity of the building and the safety and health of people using the building; and (ii) avoiding the spread of fire to or from any adjoining building have been met for the following reasons (insert text).


Decision

In consideration of the above matters, I am of the opinion that the above change of use does not adversely impact on the existing structure and the structural adequacy of the existing building and makes reasonable provision for (i) the amenity of the building and the safety and health of people using the building; and (ii) avoiding the spread of fire to or from any adjoining building.


I therefore state and determine exemption from the Building Regulations 2006 (including the Building Code of Australia) in relation to the following specific matters (insert Regulations or BCA matters not being complied with).
Signature:

Registration No: BS-U/L-

Accreditation number: FRM-

Signature: Date;



1 Section 28 of the Act and Regulations 502, 503, 608 609 and 1011 include power to ‘determine’, ‘exempt’ or ‘consent to partial compliance’ with the requirements of the Regulations. These terms are used to describe these discretionary powers within this document.

2 Clause 4.1 (b) of Specification C1.1 of the Deemed-to-Satisfy Provisions of Volume One of the BCA, for example.

3 Under the Building Act 1993 these special circumstances are; installation of smoke detectors in existing domestic buildings (Reg. 707), installation of swimming pool safety barriers to existing pools (Regulation. 703-705), installation of fire sprinklers to residential care buildings (Reg. 708), installation of hard wired smoke alarms or detectors in certain residential buildings (Reg. 709) and installation of fire sprinklers to shared accommodation buildings (Reg. 710).

4 Section 106 of the Building Act 1993.

5 A determination of the Building Appeals Board pursuant to Section 160 of the Building Act 1993.

6 Regulations 320(j), (k), (m), (n) and (o) and Regulation 1013(j), (k), (m), (n), and (o), of the Building Regulations 2006, for example.

7 In addition, Minister’s Guideline 05 states “Municipal building surveyors and private building surveyors must only accept appointment as relevant building surveyors in the area of their own competence.”

Department of Human Services


Verilənlər bazası müəlliflik hüququ ilə müdafiə olunur ©azrefs.org 2016
rəhbərliyinə müraciət

    Ana səhifə