Version No. 064 Building Regulations 1994 S. R. No. 81/1994




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Part 7—Inspections Notices and Orders

7.1 Inspection of building work



r. 7.1

(1) For the purposes of Part 4 of the Act the mandatory notification stages are—

(a) prior to placing a footing; and

(b) completion of framework; and

(c) prior to pouring an insitu reinforced concrete member nominated by the relevant building surveyor; and

(d) final, upon completion of all building work.

(2) The relevant building surveyor may vary a stage set out in sub-regulation (1) in relation to building work if it is inappropriate to the building work.



Reg. 7.1(3) amended by S.R. No. 121/1995
reg. 37.


(3) The mandatory notification stages for building work determined in accordance with sub-regulation (1) or (2) must be set out in the building permit for that building work.

7.2 Duplicate record

The relevant building surveyor must—

(a) keep a copy of each direction he or she gives under section 37 of the Act in respect of building work until completion of the building work; and

(b) make the directions available for inspection during that period by any person during office hours.

7.3 Certificate of final inspection

A certificate of final inspection under section 38 of the Act must be in the form of Form 8.

7.4 Emergency orders

An emergency order made under section 102 of the Act must include (in addition to the matters permitted by section 103 of the Act)—



r. 7.4

(a) the location of the building, land or place of public entertainment to which it applies; and

(b) the name of the owner or occupier; and

(c) the reason or reasons why the emergency order was issued; and

(d) the period within which the emergency order must be complied with; and

(e) the date of inspection by the municipal building surveyor; and

(f) the date of issue of the order; and

(g) the name and address of the municipal building surveyor.

7.5 Building notice

A building notice served under section 106 of the Act must include (in addition to the matters permitted by section 108 of the Act)—

(a) the location of the building or place of public entertainment to which it applies; and

(b) the name and address of the owner; and

(c) the reason or reasons why the notice was issued; and

(d) the date of inspection by the relevant building surveyor; and

(e) the date of issue of the notice; and



Reg. 7.5(f) amended by S.R. No. 121/1995
reg. 38.


(f) the name and address of the relevant building surveyor.
7.6 Building orders

r. 7.6

A building order made under section 111, 112 or 113 of the Act must include (in addition to the requirements of section 114 of the Act)—

(a) the location of the building, land or place of public entertainment to which it applies; and

(b) the name and address of the owner or other person to whom the order is directed; and

(c) the reason or reasons why the order was issued; and

(d) the date of inspection by the relevant building surveyor; and

(e) the date of issue of the order; and



Reg. 7.6(f) amended by S.R. No. 121/1995
reg. 39.


(f) the name and address of the relevant building surveyor.
7.7 Amendment or cancellation of a building order

(1) A request under section 116 of the Act must be in writing.

(2) The prescribed time for the purposes of section 116(3) of the Act is 14 days.

(3) The relevant building surveyor must inform the owner without delay of his or her decision on a request under section 116 of the Act.

_______________

Part 8—Infringement Notices

8.1 Application


r. 8.1

This Part applies to all buildings and places of public entertainment whenever constructed.

Reg. 8.2 amended by S.R. Nos 161/1996 reg. 24(1)
(a)–(c), 79/1997 reg. 13(1)–(3), substituted by S.R. No. 74/1999 reg. 25.


8.2 Authorised Officers

The office or class of officers for the purposes


of the definition of "authorised officer" in section 254 of the Act are—

(a) the Commissioner for offences against regulations 9.6, 11.4, 11.4A, 11.5, 11.6A, 11.9 and 11.10; and

(b) the chief officer for offences against regulations 5.14, 5.15, 9.6, 11.4, 11.4A, 11.5, 11.6A, 11.9 and 11.10; and

(c) the municipal building surveyor for offences against regulations 5.13, 5.14, 5.15, 9.6, 11.4, 11.4A, 11.5, 11.6A 11.9 and 11.10.

8.3 Infringement notices

A building infringement notice issued under section 255 of the Act must be in the form of Form 9 and include the particulars prescribed in that Form.

8.4 Payment of penalty

Payment of a penalty must be made to the authorised officer—

(a) by post; or

(b) at the business office of the authorised officer during office hours.



Reg. 8.5 amended by S.R. Nos 161/1996 reg. 24(2), 79/1997 reg. 13(4), substituted by S.R. No. 74/1999 reg. 26.

8.5 Offences

r. 8.5

The prescribed offences for the purposes of Division 5 of Part 13 of the Act are offences against regulations 5.13, 5.14, 5.15, 9.6, 11.4, 11.4A, 11.5, 11.6A, 11.9 and 11.10.

8.6 Penalties

The prescribed penalty for each prescribed offence in regulation 8.5 is—

(a) 5 penalty units in the case of a place of public entertainment; and

(b) 2 penalty units in any other case.

_______________

Part 9—Occupancy Permits

9.1 Application of Part


r. 9.1

(1) This Part applies to all buildings and places of public entertainment.

(2) An occupancy permit is not required for—

(a) a Class 10 building; or

(b) an alteration to a Class 1a building or within a sole occupancy unit of a Class 2 or 3 building.

9.2 Application for occupancy permit

An application for an occupancy permit must be in accordance with Form 10.

9.3 Reporting authorities

The report and consent of the following persons and bodies must be obtained in respect of an application for an occupancy permit—

(a) the chief officer—

(i) if he or she was a reporting authority in respect of the application for the building permit which required the issue of the occupancy permit; or



Reg. 9.3(a)(ii) amended by S.R. No. 74/1999 reg. 27(a).

(ii) in relation to the transmission signal of alarms required to be connected to a fire station or other approved monitoring service;

Reg. 9.3(b) substituted by S.R. No. 121/1995 reg. 40, amended by S.R. No. 74/1999 reg. 27(b).

(b) the council in relation to the installation of a soil and waste disposal reticulation system in an unsewered area or the construction of a building over an existing reticulation system in an unsewered area.
9.4 Time limits

r. 9.4

The following time limits apply in relation to applications for occupancy permits—


Function


Act provision

Class 1 building

Class 2–9 buildings

Relevant building surveyor to give reporting authority copy of an application

Schedule 2 clause 4(2)

2 business days

5 business days

Time after
receipt of copy
of application for reporting authority to report on or consent to an application

Schedule 2 clause 6

5 business days

10 business days

Time for relevant building surveyor to decide application after all reporting authority consents or reports are received or the end of the relevant time prescribed for the supply of those consents and reports, whichever is earlier

section 43
or 56

2 business days

5 business days

9.5 Form of occupancy permit

An occupancy permit issued under Part 5 of the Act must be in accordance with Form 11.





Reg. 9.6 substituted by S.R. No. 74/1999 reg. 28.

9.6 Display of occupancy permit

r. 9.6

(1) This regulation applies to—

(a) Class 1b, 2, 3, 5, 6, 7 and 8 buildings constructed on or after 1 July 1994; and

(b) Class 9 buildings; and

(c) places of public entertainment.

(2) An owner of a building or place of public entertainment must take all reasonable steps to ensure that a copy of any current occupancy permit in respect of that building or place is displayed and kept displayed at an approved location within the building or place.


  1. 10 penalty units.

(3) Subject to sub-regulation (5) the relevant building surveyor must ensure that a location approved within a building under sub-regulation (2) is in a prominent position accessible to the occupants of the building.

(4) The relevant building surveyor must ensure that a location approved within a place of public entertainment under sub-regulation (2) is in a prominent position accessible to the public.

(5) In the classes of buildings referred to in regulation 15A.1, the location approved under sub-regulation (3) may be in an area to which access is available only with the authorisation of the owner.

(6) An owner of a building or place of public entertainment must ensure that a copy of any current occupancy permit is available at that building or place for inspection by the municipal building surveyor or chief officer at any time on request.



  1. 10 penalty units.

(7) An owner of a building (other than a Class 9 building) or place is not required to comply with sub-regulation (2) with respect to an occupancy permit which applied immediately before the commencement of the Building (Amendment) Regulations 1999 until the next anniversary of the date of that occupancy permit.

Reg. 9.7 revoked by S.R. No. 121/1995 reg. 41.

* * * * *

9.8 Keeping of records

r. 9.8

(1) For the purposes of section 75 of the Act, a council must keep the documents relating to occupancy permits—

(a) in their original form for not less than 10 years after the date of issue of the occupancy permit; and

(b) after that period in their original form or in any other manner approved by the Keeper of Public Records until—

(i) the building in respect of which the permit is given is demolished or removed from the allotment; or

(ii) the occupancy permit is cancelled.

(2) For the purposes of section 75 of the Act, a council must keep documents relating to a temporary approval for 3 years after—

(a) the end of the period for which the temporary approval applies; or

(b) the temporary approval is cancelled.




Reg. 9.9 inserted by S.R. No. 121/1995
reg. 42.


9.9 Change of use

r. 9.9

(1) A person must not change the use of a building or place of public entertainment unless the building or place of public entertainment complies with the requirements of the Regulations applicable to the new use.

  1. 10 penalty units.

Reg. 9.9(2) substituted by S.R. No. 74/1999 reg. 29.

(2) Despite sub-regulation (1), the municipal building surveyor may exempt a building or place of public entertainment from compliance with any of the regulations applicable to the new use.

Reg. 9.9(2A) inserted by S.R. No. 74/1999 reg. 29.

(2A) In deciding whether to grant an exemption under sub-regulation (2) the municipal building surveyor must take into account—

(a) the structural adequacy of the building or place; and

(b) the requirements necessary to make reasonable provision for—

(i) the amenity of the building or place and the safety and health of people using the building or place; and

(ii) avoiding the spread of fire to or from any adjoining building.


Reg. 9.9(2B) inserted by S.R. No. 74/1999 reg. 29.

(2B) A private building surveyor may exercise the powers of the municipal building surveyor under this regulation in the case of a building or place of public entertainment for which the private building surveyor has been appointed to issue an occupancy permit.

Reg. 9.9(3) amended by S.R. No. 161/1996 reg. 25(a).

(3) This 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 5.7 in respect of alterations.

Reg. 9.9(4) revoked by S.R. No. 161/1996 reg. 25(b).

* * * * *



Reg. 9.10 inserted by S.R. No. 79/1997 reg. 14.

9.10 Documents to be lodged with council

r. 9.10

(1) The following documents are prescribed for the purposes of section 73(1A) of the Act—

(a) a notice given to the relevant building surveyor under section 24(4) of the Act;

(b) a notice given to the relevant building surveyor under section 24(4A) of the Act;

(c) a notice served on the relevant building surveyor under section 84 of the Act;

(d) a notice given to the relevant building surveyor under section 85 of the Act;

(e) a determination of the relevant building surveyor under section 87 of the Act;

(f) a determination of the Building Appeals Board;

(g) a determination of the relevant building surveyor under the BCA that an alternative solution complies with a performance requirement of the BCA;

(h) a report and consent of a reporting authority referred to in regulation 2.2;

(i) a determination of the relevant building surveyor under regulation 3.2;

(j) an exemption given by the municipal building surveyor or a private building surveyor under regulation 3.3;

(k) a document setting out any requirement of the relevant building surveyor under regulation 5.3 to take precautions to protect the safety of the public;

(l) a consent of the relevant building surveyor under regulation 5.7;


Reg. 9.10(1)(la) inserted by S.R. No. 74/1999 reg. 30.

(la) a consent of the relevant building surveyor under regulation 5.8;


r. 9.10


(m) an exemption given by the relevant building surveyor under regulation 9.9;

(n) any document required by the relevant building surveyor under clause 2 of Schedule 2 of the Act or regulation 2.1(3).

(2) The prescribed time for the purposes of section 73(1A) of the Act is 7 days after the issue of the occupancy permit.

_______________

Part 10—Places of Public Entertainment

10.1 Application


r. 10.1

This Part applies to any place of public entertainment.

10.2 Prescribed classes

For the purposes of the definition of "place of public entertainment" in section 3 of the Act—

(a) Class 9b buildings having an area greater than 500m2 and prescribed temporary structures are prescribed classes of buildings; and

(b) places having an area greater than 500m2 are a prescribed class of places.


Reg. 10.3 amended by S.R. No. 43/2003 reg. 14(a)(b).

10.3 Prescribed places of public entertainment

The prescribed places of public entertainment for the purposes of sections 26 and 53 of the Act are the sportsgrounds and spectator stands known as—

Kardinia Park, Geelong;

Melbourne Cricket Ground, East Melbourne;

Carlton Cricket Ground, Princes Park, Carlton North.;


Reg. 10.4 amended by S.R. No. 161/1996 reg. 26(2).

10.4 Prescribed temporary structures

For the purposes of the definition of "prescribed temporary structure" in section 3 of the Act, the following are prescribed classes of temporary structures, if those structures do not form part of any other building other than a temporary structure or temporary building—

(a) tents, marquees or booths with a floor area greater than 100m2;

(b) seating stands for more than 20 persons;

(c) stages or platforms (including sky borders and stage wings) exceeding 150m2 in floor area;

(d) prefabricated buildings exceeding 100m2 other than ones placed directly on the ground surface.



Reg. 10.4(e) inserted by S.R. No. 121/1995
reg. 43, revoked by S.R. No. 161/1996 reg. 26(1).


* * * * *

Reg. 10.5 substituted by S.R. No. 121/1995
reg. 44.


10.5 Conditions of use

r. 10.5

Without limiting the conditions that are required under these regulations or which can be included on an occupancy permit, an occupancy permit for a place of public entertainment may be issued subject to conditions relating to—

(a) the engagement of safety officers to be in attendance at the place of public entertainment to provide for the safety of the public;

(b) the safety training qualifications to be held by any person engaged as a safety officer as required by the chief officer or the Commission;

(c) the responsibilities of the safety officer which include—

(i) the operation of fire safety elements, equipment and systems;

(ii) the establishment and operation of evacuation procedures;

(iii) the safety of barriers and exits;

(iv) the control of the use of naked flame in theatrical productions;

(d) the exclusion of the public from unsafe areas;

(e) the keeping, testing and storage of flammable material or explosive items and equipment in a safe manner, to the extent that this is not required by any other Act or regulations;

(f) the ignition of fireworks and the discharge of pistols or other shooting devices in a safe and responsible manner, to the extent that this is not required by any other Act or regulations;

(g) the location and designation of passageways and exits;

(h) the availability of public toilet facilities and the condition of those facilities.

10.6 Structural design



r. 10.6

Prescribed temporary structures must be designed in accordance with engineering principles to provide for their structural safety and the safety of the public and other persons using them.

_______________

Part 11—Maintenance

Division 1—Maintenance of essential services



Reg. 11.1 amended by S.R. No. 79/1997 reg. 15(1).

11.1 Application and interpretation

r. 11.1

(1) Subject to sub-regulation (2), this Division applies to Class 1b, 2, 3, 5, 6, 7, 8 and 9 buildings.

Reg. 11.1(2) inserted by S.R. No. 79/1997 reg. 15(2).

(2) This Division does not apply to a smoke alarm installed in a sole-occupancy unit in a Class 1b, Class 2 or Class 3 building or Class 4 part of a building.

11.2 Essential services

In this Division "essential service" means—


Reg. 11.2(a) amended by S.R. No. 121/1995
reg. 45.


(a) an item listed in Table 11.2 required by these Regulations to be provided in relation to a building or place of public entertainment; or
(b) any other item which is required by or under these Regulations or the Act to be provided in relation to a building or place of public entertainment for the safety of the people in the event of fire and which is designated by the relevant building surveyor as an essential service.

TABLE 11.2—LIST OF ESSENTIAL SERVICES

Air conditioning systems

Emergency lifts

Emergency lighting

Emergency power supply

Emergency warning and intercommunication systems

Exit doors

Exit signs

Fire brigade connections

Fire control centres

Fire control panels

Fire curtains

Fire dampers

Fire detectors and alarm systems

Fire doors

Fire extinguishers (portable)

Fire hose reels

Fire hydrants

Fire indices for materials

Fire isolated lift shafts

Fire isolated passageways

Fire isolated ramps

Fire isolated stairs

Fire mains

Fire protective coverings


r. 11.2

Fire rated access panels

Fire rated control joints

Fire rated materials applied to building elements

Fire resisting shafts

Fire resisting structures

Fire shutters

Fire windows

Lightweight construction

Mechanical ventilation systems

Paths of travel to exits

Penetrations in fire-rated structures

Smoke alarms

Smoke control measures

Smoke doors

Smoke vents

Sprinkler systems

Stairwell pressurisation systems

Static water storage

Vehicular access for large isolated buildings

Warning systems associated with lifts



Reg. 11.3 substituted by S.R. No. 121/1995
reg. 46, amended by S.R. No. 74/1999 reg. 31(2) (ILA s. 39B(2)).


11.3 Nomination of essential services in occupancy permit

r. 11.3

(1) An occupancy permit issued in respect of a building or place of public entertainment must include a condition which—

(a) lists all the essential services referred to under regulation 11.2 pertaining to that building or place of public entertainment; and



Reg. 11.3(1)(b) substituted by S.R. No. 74/1999 reg. 31(1).

(b) specifies for each essential service listed, the level of performance determined by the relevant building surveyor to enable the essential service to fulfil its purpose.

Reg. 11.3(2) inserted by S.R. No. 74/1999 reg. 31(2).

(2) In determining the level of performance of an essential service, the relevant building surveyor must specify the provision of the building regulations with which the installation and operation of the essential service is to comply and the frequency and type of maintenance required.

Reg. 11.3(3) inserted by S.R. No. 74/1999 reg. 31(2).

(3) In this regulation "provision of the building regulations" has the same meaning as in section 160 of the Act.

11.4 Requirement to maintain essential services



Reg. 11.4(1) substituted by S.R. No. 121/1995
reg. 47, amended by S.R. No. 74/1999 reg. 32.


(1) If an essential service is provided in a building or place of public entertainment as a consequence of an emergency order or a building order or the carrying out of building work where an occupancy permit is not required to be issued the relevant building surveyor must determine the level of performance and the frequency and type of maintenance required to enable the essential service to fulfil its purpose.

(2) A determination under sub-regulation (1) must—

(a) be in writing; and

(b) be given to the owner of the building or place of public entertainment without delay after it is made.

(3) The owner of the building or place of public entertainment must comply with a determination under sub-regulation (1).


  1. 10 penalty units.

Reg. 11.4A inserted by S.R. No. 74/1999 reg. 33.

11.4A Display of determination

r. 11.4A

(1) An owner of a building or place of public entertainment must take all reasonable steps to ensure that a copy of any current determination under regulation 11.4 made in respect of the building or place is displayed and kept displayed at an approved location within the building or place.

  1. 10 penalty units.

(2) Subject to sub-regulation (4) the relevant building surveyor must ensure that a location approved within a building under sub-regulation (1) is in a prominent position accessible to the occupants of the building.

(3) The relevant building surveyor must ensure that a location approved within a place of public entertainment under sub-regulation (1) is in a prominent position accessible to the public.

(4) In the classes of buildings referred to in regulation 15A.1, the location approved under sub-regulation (1) may be in an area to which access is available only with the authorisation of the owner.

(5) An owner of a building or place of public entertainment must ensure that a copy of any current determination under regulation 11.4 is available at that building or place for inspection by the municipal building surveyor or chief officer at any time on request.



  1. 10 penalty units.

(6) An owner of a building or place is not required to comply with sub-regulation (1) with respect to a determination under regulation 11.4 which applied immediately before the commencement of the Building (Amendment) Regulations 1999 until the next anniversary of the date of that determination.

Reg. 11.5 amended by S.R. No. 121/1995
reg. 48, substituted by S.R. No. 74/1999 reg. 34.


11.5 Owner's responsibility

An owner of a building or place of public entertainment in respect of which an occupancy permit which lists an essential service has been issued or a determination made under regulation 11.4 is applicable must ensure that—



r. 11.5

(a) an annual essential services report in accordance with regulation 11.6 is prepared before each anniversary of the date of the occupancy permit or determination under regulation 11.4; and

(b) all annual essential services reports and records of maintenance checks, service and repair work are kept on the premises for inspection by the municipal building surveyor or chief officer at any time on request.



  1. 10 penalty units.

Reg. 11.6 substituted by S.R. No. 74/1999 reg. 34.

11.6 Contents and form of annual essential services report

The annual essential services report must—

(a) be in the form of Form 15; and

(b) be signed by the owner or an agent of the owner; and

(c) specify the address of the building or place of public entertainment concerned; and

(d) include the details of any inspection report made under regulation 11.7 in respect of the essential service; and

(e) include a statement that the owner or an agent of the owner has taken all reasonable steps to ensure that—

(i) each essential service is operating at the required level of performance; and

(ii) each essential service has been maintained in accordance with the occupancy permit or determination under regulation 11.4; and


r. 11.6

(iii) there have been no penetrations to required fire-resisting construction, smoke curtains and the like in the building since the last annual essential services report, other than those for which a building permit has been issued; and

(iv) the information contained in the report is correct.



Reg. 11.6A inserted by S.R. No. 74/1999 reg. 34.

11.6A Display of annual essential services report

(1) An owner of a building or place of public entertainment must take all reasonable steps to ensure that a copy of any current annual essential services report in respect of that building or place of public entertainment is displayed and kept displayed at an approved location within the building or place.



  1. 10 penalty units.

(2) The location approved under sub-regulation (1) must be the same location as that at which the occupancy permit, or determination under regulation 11.4, for the building or place is required to be displayed.

11.7 Inspection procedures


r. 11.7

(1) The chief officer and the municipal building surveyor may either jointly or separately inspect the essential services in a building or place of public entertainment to determine whether they are being maintained in accordance with this Division or the occupancy permit.

(2) After an inspection by the chief officer he or she must provide the municipal building surveyor with a report of that inspection within 7 days.

(3) The municipal building surveyor must ensure that the owner of a building or place of public entertainment which has been inspected in accordance with sub-regulation (1) is provided within 14 days of that inspection with an inspection report signed by the municipal building surveyor.


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