Download Changes to Queensland`s building laws Building Codes Queensland

Department of Infrastructure
Changes to Queensland’s
building laws
Building Codes Queensland
Session 1 - 9.00am to 11.00am
Queensland Government’s two staged swimming pool safety
improvement strategy, including the adoption of the new
Queensland Development Code (QDC), Mandatory Part (MP) 3.4
Swimming Pool Barriers
other miscellaneous building matters
transport noise corridors.
Session 2 - 11.30am to 12.30pm
new mandatory sustainability declarations during the marketing of
homes and units for sale
‘Ban the banners’ policy to prevent covenants and body
corporate rules from prohibiting or restricting the use of
specified sustainable features
December 2008 - The Queensland Government
announced a review of Queensland’s swimming pool
safety laws.
April 2009 - An independent Swimming Pool Safety
Review Committee provided a report with 23
improvement ideas for Queensland’s swimming pool
safety laws and underwent a 6 week public
consultation until 5 June 2009.
September 2009 - The Queensland Government
approved a two stage swimming pool safety
improvement strategy, taking effect for:
- new pools 1 December 2009 (stage 1)
- mostly existing pools 1 December 2010 (stage 2)
Swimming pool safety improvement strategy
Stage one for new pools took effect on 1 December 2009. It includes:
• simplification of Queensland’s swimming pool fencing laws
(application of the new QDC MP 3.4, Swimming Pool Barriers)
• provisions to allow compliant temporary pool fencing
• ensuring new swimming pools undergo final inspections
• mandatory display of CPR signage
that meets current best practice
• more than tripling the spending on the
Government’s summer pool safety
campaign
Simplify Queensland’s swimming pool fencing laws
The QDC, MP 3.4 is prescribed in the
Building Regulation 2006 as the pool
fencing standard for new outdoor
swimming pools constructed after 1
December 2009.
The QDC references Australian Standard
(AS)1926.1 & 2 – 2007 Swimming pool
safety with modifications.
QDC MP3.4 is performance based. If an
alternative solution is used, it will need
to be documented and must meet the
performance requirement and not
compromise safety aspects of the barrier
to the pool for young children.
Major changes to the pool fencing laws –
Stage one
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Non-climbable zone (NCZ) & additional clear area
Climbable objects and vegetation
Fencing materials and barrier intersections
Buildings within/adjacent to the pool area
Permanent bodies of water and retaining walls
Above ground swimming pools (including spas)
Balconies
Technical definitions
Mandatory follow-up inspections
Temporary fencing
CPR signage
Non-climbable zone (NCZ) and additional
clear area (1200 mm min. high barrier)
QDC figures 1 and 2:
• for a 1200 mm minimum high barrier the NCZ must be on the outside
• NCZ is now a minimum 900 mm arc but the zone extends above the
barrier
• additional clear area required to ensure minimum height of the fence is
maintained
• 300 mm clear area also required on inside of the barrier if gaps in barrier
are more than 10mm apart.
Non-climbable zone (NCZ) & additional clear
area (1800mm min high barrier)
QDC figures 12 and 14:
• for a 1800 mm min high barrier the NCZ can be on either side of the
barrier
• NCZ is now a minimum 900 mm arc but the zone extends above the
barrier when the NCZ is located on the outside
• additional clear area required to ensure minimum height of the fence is
maintained when the NCZ is located on the outside
• when NCZ is on the inside any intersection fence can only have 50 mm
top rail (same as current requirement).
Climbable objects and vegetation
QDC figures 7 and 9:
• a non-climbable object (e.g. plant/shrub/hedge/bare trunk tree) can be
within the NCZ
• climbable objects are permitted within the upper 900 mm quadrant of
the NCZ provided it is not reasonably possible for a young child to gain
access to those climbable objects and bridge across to the fence
• climbable rails may be within the additional clear area but not within
the NCZ.
Fencing materials and barrier intersections
QDC figures 16 and 17:
• the NCZ continues in a spherical shape at the intersection of the pool
barrier with the structure to the wall of the structure. If the barrier
intersects with a perforated or mesh barrier or any barrier with
climbable objects, the NCZ will need to take the form of a shield to
restrict climbing by a young child.
• if the barrier uprights are more than 10 mm apart, a 300 mm clear area
needs to be maintained on the inside of the barrier. If this intersects
with a perforated or mesh barrier a shield needs to be placed to restrict
climbing by a young child
Fencing materials and barrier intersections
QDC figures 16 and 17 cont.
• barriers using perforated material or mesh with apertures greater than
13 mm but less than 100 mm can comply if they are 2400 mm minimum
height with a strainer or rail at the top and bottom of the barrier. A NCZ
or additional clear area is not required for this barrier
• As an alternative, barriers using perforated material or mesh with
apertures greater than 13 mm but less than 100 mm can comply if they
are 1800 mm minimum height with a strainer or rail at the top and
bottom of the barrier and a 450 mm cranked section at angle between
90 and 135 degrees at the top of the fence. A NCZ or additional clear
area is not required for this barrier.
Buildings within/adjacent to the pool area
QDC figures 24 and 27:
• access from a Class 1 or 2 building within a pool area must be via a
barrier complying with MP 3.4 (access through a gate)
• if the building within the pool area is a patio, pergola, verandah, deck
balcony or the like (of any class) having at least one side permanently
open, it is not required to have a barrier
• access cannot be provided to the pool area through a building (of any
class). A door must not be used, even if it is child resistant
• a barrier may permit access to the pool area from a patio, pergola,
verandah, deck, balcony or the like (of any class) having at least one
side permanently open.
Permanent bodies of water and retaining walls
QDC figure 19:
• a permanent body of water may only be used as a barrier if it is a canal,
lake, river, creek, stream, pond, ocean, dam or the like with a minimum
depth of 300 mm for a width of 1800 mm adjacent to the pool area
• where the swimming pool barrier meets the water there are three
options available to restrict a young child from climbing around the
barrier. In options A, B and C the overhang or return fencing (900 mm
minimum in length) must have a surface that does not provide any
handhold or foothold
Permanent bodies of water/retaining walls
QDC figure 19 cont.
• access to the pool area either over a permanent body of water via a
bridge, walkway, or pontoon or the like or under the water in a tunnel,
pipe or service duct or the like is not allowed
• where a pool barrier intersects a retaining wall on the lower side of the
pool area, three same options as the intersection with a permanent
body of water apply to restrict a young child from climbing around the
barrier.
Above ground swimming pools
• All outdoor swimming pools on residential land (including spas) and
the required fencing now need a building development approval
• for above ground pools, a designated access point must be provided,
regardless of whether or not a permanent access ladder is installed
• the access point must be enclosed by a barrier, including a gate, that
complies with MP 3.4
• a lockable cover is not a suitable barrier.
Balconies
QDC figures 22 and 23:
• in most circumstances if the balcony floor is 1800 mm or more above
the finished ground level of the pool area the balustrade need only
comply with the Building Code of Australia requirements
• if the balcony floor is 1800 mm or more above the finished ground level
of the pool area but projects into the NCZ the balustrade must comply
with the requirements of MP 3.4
• if the there are objects (trellis or the like) below the floor of the balcony
which would facilitate climbing the balustrade must comply with the
requirements of MP 3.4.
Technical definitions
Swimming pool
The definition of swimming pool in the QDC MP 3.4 is the same as in the
Building Act 1975
Non climbable zone
The non-climbable zone must be located, for a barrier, including a boundary
fence:
Less than 1800 mm in height – on the outside of the fence (i.e. the side facing
away from the pool area); and 1800 mm or more in height – on either the
outside or the inside of the barrier
Gates
Gates must not open towards the pool area. A sliding gate can be used.
Technical definitions
Permanent body of water
A permanent body of water must have a depth of not less than 300mm and
have a width a minimum of 1800mm adjacent to the edge of the pool area
Building
The term class 1 or 2 building applies instead of building in the Australian
Standards AS1926.1 & 2 – 2007 and figures in MP 3.4
Permanently open
Means in reference to the side of a patio, pergola, veranda, deck, balcony or
the like, open space that is, apart from a swimming pool barrier, continuously
open to the external environment and not fitted with blinds, insect screening,
shade cloth or the like
Temporary fencing for pools under construction
• The new MP 3.4 allows for swimming pools to have a compliant
temporary fence, with a gate, for a maximum period of three months
• Under the new section 24(6) of the Building
Regulation 2006, the inspection of the
temporary fencing is now included as a stage
of the building assessment work:
– a temporary pool fence must be inspected by a
building certifier before the pool is filled with
water to a depth of 300 mm
– to extend the 3 month period which the
temporary fence can be in place, the building
certifier for the work must assess the
temporary fence before the extension is given.
Mandatory final follow-up inspections for new
pools
New Part 6, div 1, sdiv 4A, Building
Regulation 2006:
• additional obligation placed on the building
certifier to conduct a mandatory inspection
within 6 months for a new pool or 2 years for
a pool constructed with a new house or unit
building after the issue of the building
approval
• process to delay the inspection if the builder
gives notice to the building certifier
• building certifier must inspect the swimming
pool prior to the lapsing date of the building
approval.
Revised Forms 16 and17
• Form 16 for all inspections for swimming pools and pool fences
(temporary and permanent pool fences) now extends to sections 32
and 35B of the Building Regulation 2006.
• Form 17 for a completed pool and permanent fence includes a note
directing to Form 16 for temporary fences.
• Revised forms will be available at www.dip.gov.au from 1 December
2009.
Cardio Pulmonary Resuscitation (CPR) signage
Section 15, Building Regulation
2006 was amended to require new
pool owners to display a prescribed
CPR signage that reflect the current
CPR method adopted by the
Australian Resuscitation Council.
Tokens for free CPR signs
advertised in 8 and 15 November
2009 in Sunday Mail.
Miscellaneous changes to the Building
Regulation 2006 as of 1 December 2009
Schedule 1:
• Section 1 - building work is prescribed if the work consists of repairs
and maintenance to a ‘Chapter 8 pool and fence’
• Section 13 - all swimming pools (including spas) and their fences are
now assessable and require building approval, except repairs and
maintenance to an existing fence.
Schedule 2:
• Section 4 - clarifies that a ‘Chapter 8 swimming pool’ or its fence is not
prescribed as exempt development.
2009/2010 summer pool safety campaign
A new ‘my story’ approach to
deliver the Queensland
Government’s ABC safety
message:
Always supervise your children
near the pool
Begin swimming lessons for
children early
Close the pool gate and keep your
fence maintained.
Queensland Government increased its spending on its 2009/2010
summer pool safety campaign.
Looking ahead – stage two
Pool safety measures expected to take effect on 1 December 2010 for mostly
existing pools. Some changes are:
• application of the new QDC MP 3.4 to all existing swimming pools
associated with class 1, 2, 3 and 4 buildings, indoor pools and caravan
parks. A five year phase in period unless sold or leased first will apply.
• phase out of child-resistant doors used as pool barriers for existing pools
(five year phase in unless sold or leased first)
• wider application of state laws to include indoor pools and pools
associated with hotels, motels, caretaker residences and caravan parks
• a mandatory point of sale and lease inspection system
Looking ahead – stage two cont.
• a swimming pool register
• change current definition of a portable wading pool from a depth of
450 mm to a depth to 300 mm (volume and no filtration system will
remain unchanged)
• narrowing the ability for local
governments to create local pool
laws where state laws apply
• strengthen local government’s
powers of entry for pool safety
inspections
• model local law for local
governments who wish to cover
pools outside state laws.
Miscellaneous amendments to the
Building Act 1975
• Building and Other Legislation Amendments Bill 2009 passed by
Parliament 12 November 2009 and has been enacted.
• Building and Other Legislation Amendment Regulation (No. 3) 2009
was approved 19 November 2009
• Changes take effect on 1 January 2010 or on proclamation.
Miscellaneous amendments to the Building
Act 1975 to take effect on 1 January 2010
• Section 37: removal of financial hardship test. Building certifiers must
certify in writing that substantial progress in the design of the building
has occurred to use the previous building assessment provisions to
assess the building application
• Section 61: clarifies that there is a discretion for building certifiers to
allow alterations to an existing lawful use to comply with relevant
provision applicable to the existing lawful use e.g. 9a to 9c
• Section 88: the private building certifier now has two options on when
to give the applicant the approval documents:
- once the local government has acknowledged receipt of the
documents and payment
- if the certifier has reliable records on file showing the
approved documents have been sent to local government with
correct forms and payment.
Miscellaneous amendments to the Building
Act 1975 to take effect on 1 January 2010
• Sections 103, 109: a certificate of classification must describe the type of
building or the use it was designed for and changes to a building use
within a classification will trigger a new certificate of classification.
• Section 115: requires occupiers or users of a building such as the
building owner or the tenant to comply with any relevant BCA or QDC
requirements for use of ongoing occupation.
• Section 133A: building certifiers must have regard for guidelines made
under s258, Building Act 1975 which are relevant to the building
certifier’s functions
Miscellaneous amendments to the Building
Act 1975 to take effect on 1 January 2010
• Sections 154, 155, 163: licensed building surveying technicians (BST)
will be allowed to work in private or Local Government, subject to the
appropriate endorsements to perform building certifying functions for
any class 1 or 10 building or structure. To be a private certifier and issue
development approvals, BSTs must be endorsed the Building Services
Authority.
• Section 185: any educational and experiential standards set by an
accreditation standards body must now be approved by the chief
executive
Miscellaneous amendments to the Building
Act 1975 to take effect on 1 January 2010
Transitional provisions - BST
• Section 286: transitional provision for the continuing application of
s154 for those BSTs licensed prior to 1 January 2010
• Section 287: transitional provision for s155. This section applies if a
following application for a BST licence made but not decided before 1
January 2010.
Miscellaneous amendments to the Building
Act 1975 to take effect on proclamation
• Schedule 2: definition of a building is a fixed structure that is wholly or
partly enclosed by walls or is roofed. The term also includes a floating
building and any part of a building
• Section 20: self-assessable building work for the Building Act 1975
includes building work that is made self-assessable by the Sustainable
Planning Act 2009
• Section 21: for self-assessable building work under schedule 1 of the
Building Regulation 2006 it is prohibited to use an alternative solution
without a building certifier’s approval
• Schedule 1: amended to include MP 2.4 Buildings in bushfire-prone
areas and MP 6.1 Maintenance of safety installations.
Noise code
• Current process involves a
separate process as well as the
usual building approval process.
• This increases the time and cost
involved in gaining final building
approval.
• A proposed QDC ‘Buildings in transport noise corridors’ is being
developed and will streamline the current building development
application.
• The code will apply to new, and in some cases renovated, class 1
to 4 buildings located within transport noise corridors (i.e. near
designated state-controlled roads, railways and local government
roads).
Session 2 - 11.30am to 12.30pm.
Sustainability declaration and ‘Ban the banners’ requirements
commence 1 January 2010
Mandatory sustainability declarations during the marketing of homes
(houses, terrace or town houses or units) for sale.
‘Ban the banners’ provisions to stop covenants and body corporate
community management statements and by-laws from prohibiting or
restricting the use of particular sustainability and affordability
features.
Improving sustainable housing
in Queensland –
discussion paper
Public consultation held June to September 2008
covered 11 measures that included a mandatory
sustainability declaration and ‘ban the banners’
Three-month consultation included community
forums and shopping centre displays in 12
locations across Queensland/
284 response forms and written submissions
received from industry and the community.
Improving sustainable housing Consultation on discussion paper
Approximately 3500 website hits.
Broad community and industry support for the policy proposals:
- 95 per cent support for banning restrictive covenants/body
corporate by-laws ‘ban the banners’
- 70 per cent support for a mandatory sustainability declaration.
Toward Q2: Tomorrow’s Queensland
Goal of reducing the state’s carbon footprint by
1/3 by 2020 including through reduced
greenhouse gas intensive electricity use
strategies include supplying Queenslanders
with the information and tools needed to reduce
their carbon footprint.
Cleaner Greener Buildings 2009
election commitment
‘Ban the banners’.
Sustainability declaration
From 1 January 2010, sellers in Queensland will need
to prepare a sustainability declaration before a home
can be marketed for sale either privately or through an
agent.
The goals are to:
– increase seller and buyer awareness of sustainability
features and their potential value
– promote the potential dollar savings from the
improved energy and water efficiencies (and
greenhouse gas reductions) to encourage sellers
and buyers to install the features.
What is a sustainability declaration?
A sustainability declaration is a compulsory checklist that
enables a seller to highlight desirable environmental and
social sustainability features during the marketing of a
home for sale. The features cover energy and water
efficiency, access and safety.
Sustainability declaration
It is not intended to be a technical assessment, but rather a quick
and standard means of communicating desirable features to new
potential owners. If sellers have technical assessments (e.g.
energy efficiency assessments) they can include this information.
The declaration must be completed to the best of the seller’s ability
and knowledge.
How does it work?
The sustainability declaration:
must be prepared using the approved form and signed by the seller
prior to marketing a home for sale
can be prepared by the seller or another person nominated by the
seller, however, the seller must sign the declaration
is not part of or attached to the contract of sale. A buyer can not
terminate a contract based on an incomplete, false or misleading
sustainability declaration.
How does it work?
The sustainability declaration:
becomes part of the advertising and inspection process to be used
by the independent seller or real estate agent appointed by the
seller during the potential marketing period. The potential
marketing period is until settlement.
must be updated over time if the information on the declaration is
not correct
must be used by a private seller or agent during the advertising and
inspection of a home. These marketing requirements can be
satisfied in a number of ways.
Sustainability declaration - guideline
A quick reference guide will be available to assist homeowners,
prospective home buyers, real estate professionals and all
other interested persons to understand more about the
technical issues and regulatory requirements of the
sustainability declaration. It will assist sellers to exercise
reasonable care and skill before signing the declaration.
Sustainability declaration
The declaration is divided
into four sections that
target a broad cross
section of environmental
and social sustainability
features:
Energy
Water
Access
Safety
www.dip.qld.gov.au/sustainablehousing
Requirements about advertising
Do not include newspaper and magazine advertisements or generic
signs but covers other forms of advertising
Other published ads must include information about where a
person may obtain a copy of the sustainability declaration.
any advertising documents given out must include a copy (except if
a person already has a copy or it is at an inspection and the
requirement is met in alternative ways).
Requirements about inspections
If inspection is open to the public:
ensure a copy of the sustainability
declaration is conspicuously displayed so
anyone can easily read it.
If a private inspection:
a copy may be provided to the prospective purchaser prior to
the inspection, or a copy is readily available before entry to the
building or a copy is conspicuously displayed.
Requirements if a potential buyer requests a
copy
If a potential buyer requests a copy of the sustainability
declaration the seller/agent must provide a copy as soon as
practicable.
No right to terminate contract
The sustainability declaration is not part of the contract.
An incomplete or false or misleading sustainability declaration can
not be used as a reason to terminate a contract for sale.
Possible compensation
The buyer may seek compensation from the seller if the sustainability
declaration contained incorrect information and the purchaser incurs a
loss or expense.
For example, the seller declared that the ceiling and walls are insulated
but the buyer discovers after settlement that this is not the case and
has to go to the expense of installing insulation. The buyer has also
lost potential ongoing energy savings.
Sustainability declaration – Potential seller
penalties (Building Act 1975)
There are possible maximum penalties of up to 20 penalty units
(maximum $2000) if a sustainability declaration is not prepared
or advertising or inspection disclosure requirements are not
followed.
This is enforced by local government.
Sustainability declaration –
potential agent penalties
(Property Agents and Motor Dealers Act 2000)
There are possible maximum penalties of up to 100 penalty units
(maximum $10 000) if agents do not follow advertising or
inspection disclosure requirements.
Enforced by Office of Fair Trading.
Properties on the market prior to 1 January 2010
Homes already on the market and not sold by 1 January 2010, which
continue to be marketed, will have to have a sustainability declaration.
‘Ban the banners’
On 2 March 2009, Cleaner, Greener Buildings election policy
was announced and it included actions such as ‘ban the
banners’.
First of its kind in Australia and will stop bodies corporate
and developers from banning specific energy efficient and
affordable building features.
‘Ban the banners’
The ‘ban the banners’ provisions will stop new
covenants and body corporate statements/by-laws from
restricting owners from using selected sustainable and
affordability features and will allow:
smaller minimum floor areas
light roof colours and energy efficient windows and home orientation
smaller number of bedrooms and bathrooms.
‘Ban the banners’
Will also allow:
affordable materials and surface finishes to be used for
external walls and roofs
roof pitch choice
the ability to occupy new homes before landscaping, fencing or
driveways are completed
single garages
the appropriate location for solar hot water systems and
photovoltaic cells.
‘Ban the banners’
Existing body corporate statements/by-laws and covenants in force
before 1 January 2010 will not be affected by the legislation, except for:
overriding them to allow the appropriate location and installation of
solar hot water systems
photovoltaic (solar) panels for the generation of electricity.
‘Ban the banners’
Aims to stop bodies corporate and developers from unreasonably
restricting the use of energy efficient and affordable building features.
Bodies corporate will still be able to suggest ways to introduce the
features to minimise the visual impact and not unreasonably prevent
others use and enjoyment of the building.
Any relevant disputes between bodies corporate and lot owners can be
adjudicated under the Body Corporate and Community Management Act
1997.
Building Codes Queensland
Department of Infrastructure and Planning
Phone: (07) 3239 6369
Email: [email protected]
Website: www.dip.qld.gov.au
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