{"id":"qld:sl-2021-0126","name":"Building Regulation 2021","slug":"building-regulation-2021","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"126 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173902,"registerId":"qld-sl-2021-0126-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Building Regulation 2021 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 September 2021.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 10 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Declared accepted development","content":"# Declared accepted development","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Building work declared to be accepted development for Planning Act — Act , s 21","content":"### sec.4 Building work declared to be accepted development for Planning Act — Act , s 21\n\nFor section 21 (2) of the Act —\nthe building work ( accepted development (self assessable) ) mentioned in schedule 1 is prescribed to the extent the building work does not include altering cladding forming part of, or attached or applied to, an external wall or another external part of a building other than the roof; and\nthe building work mentioned in schedule 2 is prescribed.\nThe building work mentioned in schedule 1 must comply with the relevant provisions within the meaning of section 21 (5) of the Act .\n(sec.4-ssec.1) For section 21 (2) of the Act — the building work ( accepted development (self assessable) ) mentioned in schedule 1 is prescribed to the extent the building work does not include altering cladding forming part of, or attached or applied to, an external wall or another external part of a building other than the roof; and the building work mentioned in schedule 2 is prescribed.\n(sec.4-ssec.2) The building work mentioned in schedule 1 must comply with the relevant provisions within the meaning of section 21 (5) of the Act .\n- (a) the building work ( accepted development (self assessable) ) mentioned in schedule 1 is prescribed to the extent the building work does not include altering cladding forming part of, or attached or applied to, an external wall or another external part of a building other than the roof; and\n- (b) the building work mentioned in schedule 2 is prescribed.","sortOrder":5},{"sectionNumber":"pt.3","sectionType":"part","heading":"Matters for local laws, local planning instruments or resolutions","content":"# Matters for local laws, local planning instruments or resolutions","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Operation of part","content":"### sec.5 Operation of part\n\nThis part prescribes, for section 32 (a) and (b) of the Act —\nthe matters that a local planning instrument may designate for the BCA or QDC; and\nthe aspects of, or matters related or incidental to, building work that may be the subject of a provision, or an amendment, of—\na local law: or\na planning scheme; or\na resolution of a local government.\nUnder section 30 (e) of the Act , a provision of a local law, local planning instrument or resolution about a prescribed aspect or matter is a building assessment provision.\nFor public access to maps provided for under this part see the Planning Act , section 264 and the Planning Regulation 2017 , schedule 22 .\n- (a) the matters that a local planning instrument may designate for the BCA or QDC; and\n- (b) the aspects of, or matters related or incidental to, building work that may be the subject of a provision, or an amendment, of— (i) a local law: or (ii) a planning scheme; or (iii) a resolution of a local government.\n- (i) a local law: or\n- (ii) a planning scheme; or\n- (iii) a resolution of a local government.\n- (i) a local law: or\n- (ii) a planning scheme; or\n- (iii) a resolution of a local government.\n- 1 Under section 30 (e) of the Act , a provision of a local law, local planning instrument or resolution about a prescribed aspect or matter is a building assessment provision.\n- 2 For public access to maps provided for under this part see the Planning Act , section 264 and the Planning Regulation 2017 , schedule 22 .","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Design and siting standards for single detached housing","content":"### sec.6 Design and siting standards for single detached housing\n\nThis section applies in relation to building work for—\na single detached class 1 building; or\na class 10 building or structure located on the same allotment as a single detached class 1 building.\nA local government planning scheme may provide for the following matters—\nall or some of performance criteria 4, 5, 7, 8 or 9 under QDC part 1.1 and the acceptable solutions for the performance criteria apply for the building work;\nall or some of performance criteria 4, 5, 7 or 8 under QDC part 1.2 and the acceptable solutions for the performance criteria apply for the building work;\na qualitative statement for a matter provided for under the performance criteria mentioned in paragraph (a) or (b) for the building work, if the scheme also provides for quantifiable standards for the statements.\nIn this section—\nqualitative statement see section 33 (6) of the Act .\nquantifiable standard see section 33 (6) of the Act .\n(sec.6-ssec.1) This section applies in relation to building work for— a single detached class 1 building; or a class 10 building or structure located on the same allotment as a single detached class 1 building.\n(sec.6-ssec.2) A local government planning scheme may provide for the following matters— all or some of performance criteria 4, 5, 7, 8 or 9 under QDC part 1.1 and the acceptable solutions for the performance criteria apply for the building work; all or some of performance criteria 4, 5, 7 or 8 under QDC part 1.2 and the acceptable solutions for the performance criteria apply for the building work; a qualitative statement for a matter provided for under the performance criteria mentioned in paragraph (a) or (b) for the building work, if the scheme also provides for quantifiable standards for the statements.\n(sec.6-ssec.3) In this section— qualitative statement see section 33 (6) of the Act . quantifiable standard see section 33 (6) of the Act .\n- (a) a single detached class 1 building; or\n- (b) a class 10 building or structure located on the same allotment as a single detached class 1 building.\n- (a) all or some of performance criteria 4, 5, 7, 8 or 9 under QDC part 1.1 and the acceptable solutions for the performance criteria apply for the building work;\n- (b) all or some of performance criteria 4, 5, 7 or 8 under QDC part 1.2 and the acceptable solutions for the performance criteria apply for the building work;\n- (c) a qualitative statement for a matter provided for under the performance criteria mentioned in paragraph (a) or (b) for the building work, if the scheme also provides for quantifiable standards for the statements.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Designation of area prone to bush fire","content":"### sec.7 Designation of area prone to bush fire\n\nA local government, may in a local planning instrument, designate all or part of its area as a designated bush fire prone area for the BCA or the QDC.\nFor each designated bush fire prone area, the provisions of the BCA or QDC that apply to the area apply to any building assessment work carried out within the area.\nThe local government must, if it is practicable to do so, ensure the local government’s maps in its planning scheme show each designated bush fire prone area.\nIf it is not practicable for the local government to comply with subsection (3) , the local government must—\nprepare maps that—\nshow the designated bush fire prone areas; and\nstate the date each area was designated as a bush fire prone area; and\nensure the maps are updated from time to time to show each designated bush fire prone area.\nOn the making of the designation, the provisions of the BCA or QDC that apply to a designated bushfire prone area apply for any building assessment work that relates to the area.\n(sec.7-ssec.1) A local government, may in a local planning instrument, designate all or part of its area as a designated bush fire prone area for the BCA or the QDC.\n(sec.7-ssec.2) For each designated bush fire prone area, the provisions of the BCA or QDC that apply to the area apply to any building assessment work carried out within the area.\n(sec.7-ssec.3) The local government must, if it is practicable to do so, ensure the local government’s maps in its planning scheme show each designated bush fire prone area.\n(sec.7-ssec.4) If it is not practicable for the local government to comply with subsection (3) , the local government must— prepare maps that— show the designated bush fire prone areas; and state the date each area was designated as a bush fire prone area; and ensure the maps are updated from time to time to show each designated bush fire prone area.\n(sec.7-ssec.5) On the making of the designation, the provisions of the BCA or QDC that apply to a designated bushfire prone area apply for any building assessment work that relates to the area.\n- (a) prepare maps that— (i) show the designated bush fire prone areas; and (ii) state the date each area was designated as a bush fire prone area; and\n- (i) show the designated bush fire prone areas; and\n- (ii) state the date each area was designated as a bush fire prone area; and\n- (b) ensure the maps are updated from time to time to show each designated bush fire prone area.\n- (i) show the designated bush fire prone areas; and\n- (ii) state the date each area was designated as a bush fire prone area; and","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Designation of area liable to flooding","content":"### sec.8 Designation of area liable to flooding\n\nA local government may in a planning scheme, temporary local planning instrument under the Planning Act or by resolution—\ndesignate all or part of its area as a flood hazard area; and\ndeclare the following matters for all or part of the designated flood hazard area—\nthe defined flood level;\nthe maximum flow velocity of water;\nan inactive flow or backwater area;\na freeboard that is more than 300mm;\nthe finished floor level of class 1 buildings built in all or part of the flood hazard area.\nThe local government must, in designating a flood hazard area, comply with—\na State planning policy; and\nif a temporary State planning policy is in effect when the designation is made—the temporary State planning policy to the extent it applies in relation to the designation.\nIf the local government makes a designation or declaration under subsection (1) , the local government must state in the planning scheme, temporary local planning instrument under the Planning Act or resolution, that the designation or declaration is made under this section.\nQDC part 3.5 applies to the carrying out of particular building work carried out wholly or partly within a flood hazard area and a defined flood level is declared by a local government for the area.\nThe local government must keep a register of—\neach flood hazard area designated by the local government; and\nthe date each area was designated as a flood hazard area.\nFor public access to the register see the Planning Act , section 264 and the Planning Regulation 2017 , schedule 22 .\nIn this section—\ndefined flood level means the level to which it is reasonably expected flood waters may rise.\nfinished floor level means the level of the uppermost surface of a finished floor not including any floor covering.\ncarpet, tiles\nfreeboard means a height above the defined flood level that takes account of matters that may cause flood waters to rise above the defined flood level.\nwave action, localised hydraulic behaviour\ninactive flow or backwater area means all or part of a flood hazard area where the maximum flow velocity of water is not likely to be greater than 1.5m/s.\nmaximum flow velocity of water , for all or part of a designated flood hazard area, means a flow velocity of water reasonably expected to be the maximum flow velocity of water for all or part of the area.\nState planning policy means a State planning policy under the Planning Act , other than a temporary State planning policy.\ntemporary State planning policy see the Planning Act , section 12 .\n(sec.8-ssec.1) A local government may in a planning scheme, temporary local planning instrument under the Planning Act or by resolution— designate all or part of its area as a flood hazard area; and declare the following matters for all or part of the designated flood hazard area— the defined flood level; the maximum flow velocity of water; an inactive flow or backwater area; a freeboard that is more than 300mm; the finished floor level of class 1 buildings built in all or part of the flood hazard area.\n(sec.8-ssec.2) The local government must, in designating a flood hazard area, comply with— a State planning policy; and if a temporary State planning policy is in effect when the designation is made—the temporary State planning policy to the extent it applies in relation to the designation.\n(sec.8-ssec.3) If the local government makes a designation or declaration under subsection (1) , the local government must state in the planning scheme, temporary local planning instrument under the Planning Act or resolution, that the designation or declaration is made under this section. QDC part 3.5 applies to the carrying out of particular building work carried out wholly or partly within a flood hazard area and a defined flood level is declared by a local government for the area.\n(sec.8-ssec.4) The local government must keep a register of— each flood hazard area designated by the local government; and the date each area was designated as a flood hazard area. For public access to the register see the Planning Act , section 264 and the Planning Regulation 2017 , schedule 22 .\n(sec.8-ssec.5) In this section— defined flood level means the level to which it is reasonably expected flood waters may rise. finished floor level means the level of the uppermost surface of a finished floor not including any floor covering. carpet, tiles freeboard means a height above the defined flood level that takes account of matters that may cause flood waters to rise above the defined flood level. wave action, localised hydraulic behaviour inactive flow or backwater area means all or part of a flood hazard area where the maximum flow velocity of water is not likely to be greater than 1.5m/s. maximum flow velocity of water , for all or part of a designated flood hazard area, means a flow velocity of water reasonably expected to be the maximum flow velocity of water for all or part of the area. State planning policy means a State planning policy under the Planning Act , other than a temporary State planning policy. temporary State planning policy see the Planning Act , section 12 .\n- (a) designate all or part of its area as a flood hazard area; and\n- (b) declare the following matters for all or part of the designated flood hazard area— (i) the defined flood level; (ii) the maximum flow velocity of water; (iii) an inactive flow or backwater area; (iv) a freeboard that is more than 300mm; (v) the finished floor level of class 1 buildings built in all or part of the flood hazard area.\n- (i) the defined flood level;\n- (ii) the maximum flow velocity of water;\n- (iii) an inactive flow or backwater area;\n- (iv) a freeboard that is more than 300mm;\n- (v) the finished floor level of class 1 buildings built in all or part of the flood hazard area.\n- (i) the defined flood level;\n- (ii) the maximum flow velocity of water;\n- (iii) an inactive flow or backwater area;\n- (iv) a freeboard that is more than 300mm;\n- (v) the finished floor level of class 1 buildings built in all or part of the flood hazard area.\n- (a) a State planning policy; and\n- (b) if a temporary State planning policy is in effect when the designation is made—the temporary State planning policy to the extent it applies in relation to the designation.\n- (a) each flood hazard area designated by the local government; and\n- (b) the date each area was designated as a flood hazard area.","sortOrder":10},{"sectionNumber":"pt.4","sectionType":"part","heading":"Smoke alarms for domestic dwellings","content":"# Smoke alarms for domestic dwellings","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Application of part","content":"### sec.9 Application of part\n\nThis part applies to a building development application for the construction of a domestic dwelling.\nBuilding assessment work for the building development application must be carried out under—\nthis part; and\nthe requirements relating to smoke alarms for a domestic dwelling under the BCA.\n(sec.9-ssec.1) This part applies to a building development application for the construction of a domestic dwelling.\n(sec.9-ssec.2) Building assessment work for the building development application must be carried out under— this part; and the requirements relating to smoke alarms for a domestic dwelling under the BCA.\n- (a) this part; and\n- (b) the requirements relating to smoke alarms for a domestic dwelling under the BCA.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Definition for part","content":"### sec.10 Definition for part\n\nIn this part—\ndomestic dwelling means either—\na class 1a building; or\na sole-occupancy unit in a class 2 building.\n- (a) a class 1a building; or\n- (b) a sole-occupancy unit in a class 2 building.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Installation of smoke alarm","content":"### sec.11 Installation of smoke alarm\n\nA smoke alarm must be installed in each bedroom of the domestic dwelling in a place that complies with section 12 .\nEach smoke alarm—\nmust comply with AS 3786–2014; and\nmust contain a photoelectric sensor and not an ionisation sensor; and\nmust be hardwired to the domestic dwelling’s electricity supply; and\nmust be interconnected to every other smoke alarm installed in the dwelling.\nFor subsection (2) (d) , a smoke alarm (the first smoke alarm ) is interconnected to another smoke alarm if—\nthe first smoke alarm sounds an alert if the other smoke alarm is activated because its sensor detects smoke; and\nthe other smoke alarm sounds an alert if the first smoke alarm is activated because its sensor detects smoke.\nHowever, subsections (1) and (2) do not apply to a sole-occupancy unit in a class 2 building if a smoke detection system that complies with the BCA, specification E2.2a, clause 4, has been installed in the sole-occupancy unit.\nIf the BCA is inconsistent with this section, this section prevails to the extent of the inconsistency.\n(sec.11-ssec.1) A smoke alarm must be installed in each bedroom of the domestic dwelling in a place that complies with section 12 .\n(sec.11-ssec.2) Each smoke alarm— must comply with AS 3786–2014; and must contain a photoelectric sensor and not an ionisation sensor; and must be hardwired to the domestic dwelling’s electricity supply; and must be interconnected to every other smoke alarm installed in the dwelling.\n(sec.11-ssec.3) For subsection (2) (d) , a smoke alarm (the first smoke alarm ) is interconnected to another smoke alarm if— the first smoke alarm sounds an alert if the other smoke alarm is activated because its sensor detects smoke; and the other smoke alarm sounds an alert if the first smoke alarm is activated because its sensor detects smoke.\n(sec.11-ssec.4) However, subsections (1) and (2) do not apply to a sole-occupancy unit in a class 2 building if a smoke detection system that complies with the BCA, specification E2.2a, clause 4, has been installed in the sole-occupancy unit.\n(sec.11-ssec.5) If the BCA is inconsistent with this section, this section prevails to the extent of the inconsistency.\n- (a) must comply with AS 3786–2014; and\n- (b) must contain a photoelectric sensor and not an ionisation sensor; and\n- (c) must be hardwired to the domestic dwelling’s electricity supply; and\n- (d) must be interconnected to every other smoke alarm installed in the dwelling.\n- (a) the first smoke alarm sounds an alert if the other smoke alarm is activated because its sensor detects smoke; and\n- (b) the other smoke alarm sounds an alert if the first smoke alarm is activated because its sensor detects smoke.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Placement of smoke alarm","content":"### sec.12 Placement of smoke alarm\n\nFor each bedroom of a domestic dwelling a smoke alarm—\nmust be installed—\nif it is practicable to mount the smoke alarm on a ceiling—on the ceiling; or\nif it is not practicable to mount the smoke alarm on a ceiling and an exposed joist or beam has a depth of no more than 300mm when measured from the ceiling—on the underside of the exposed joist or beam; or\notherwise—on a wall in an area that is between 100mm and 300mm from the ceiling and more than 300mm from the corner of 2 walls; and\nif the smoke alarm is installed on a ceiling that slopes—must be installed in an area of the ceiling that is between 500mm and 1,500mm from the apex of the ceiling; and\nmust not be installed—\nwithin 300mm of a light fitting; and\nif the smoke alarm is installed on a ceiling—within 300mm of a corner of the ceiling and a wall; and\nif the smoke alarm is installed in a stairwell—where smoke rising in the stairwell will not reach the smoke alarm because of an obstruction; and\nwithin 400mm of an opening from which air is supplied from an air conditioner or forced air ventilation; and\nwithin 400mm of the blades of a ceiling fan.\n- (a) must be installed— (i) if it is practicable to mount the smoke alarm on a ceiling—on the ceiling; or (ii) if it is not practicable to mount the smoke alarm on a ceiling and an exposed joist or beam has a depth of no more than 300mm when measured from the ceiling—on the underside of the exposed joist or beam; or (iii) otherwise—on a wall in an area that is between 100mm and 300mm from the ceiling and more than 300mm from the corner of 2 walls; and\n- (i) if it is practicable to mount the smoke alarm on a ceiling—on the ceiling; or\n- (ii) if it is not practicable to mount the smoke alarm on a ceiling and an exposed joist or beam has a depth of no more than 300mm when measured from the ceiling—on the underside of the exposed joist or beam; or\n- (iii) otherwise—on a wall in an area that is between 100mm and 300mm from the ceiling and more than 300mm from the corner of 2 walls; and\n- (b) if the smoke alarm is installed on a ceiling that slopes—must be installed in an area of the ceiling that is between 500mm and 1,500mm from the apex of the ceiling; and\n- (c) must not be installed— (i) within 300mm of a light fitting; and (ii) if the smoke alarm is installed on a ceiling—within 300mm of a corner of the ceiling and a wall; and (iii) if the smoke alarm is installed in a stairwell—where smoke rising in the stairwell will not reach the smoke alarm because of an obstruction; and (iv) within 400mm of an opening from which air is supplied from an air conditioner or forced air ventilation; and (v) within 400mm of the blades of a ceiling fan.\n- (i) within 300mm of a light fitting; and\n- (ii) if the smoke alarm is installed on a ceiling—within 300mm of a corner of the ceiling and a wall; and\n- (iii) if the smoke alarm is installed in a stairwell—where smoke rising in the stairwell will not reach the smoke alarm because of an obstruction; and\n- (iv) within 400mm of an opening from which air is supplied from an air conditioner or forced air ventilation; and\n- (v) within 400mm of the blades of a ceiling fan.\n- (i) if it is practicable to mount the smoke alarm on a ceiling—on the ceiling; or\n- (ii) if it is not practicable to mount the smoke alarm on a ceiling and an exposed joist or beam has a depth of no more than 300mm when measured from the ceiling—on the underside of the exposed joist or beam; or\n- (iii) otherwise—on a wall in an area that is between 100mm and 300mm from the ceiling and more than 300mm from the corner of 2 walls; and\n- (i) within 300mm of a light fitting; and\n- (ii) if the smoke alarm is installed on a ceiling—within 300mm of a corner of the ceiling and a wall; and\n- (iii) if the smoke alarm is installed in a stairwell—where smoke rising in the stairwell will not reach the smoke alarm because of an obstruction; and\n- (iv) within 400mm of an opening from which air is supplied from an air conditioner or forced air ventilation; and\n- (v) within 400mm of the blades of a ceiling fan.","sortOrder":15},{"sectionNumber":"pt.5","sectionType":"part","heading":"Swimming pool safety","content":"# Swimming pool safety","sortOrder":16},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Use and display of resuscitation signs and warning signs","content":"## Use and display of resuscitation signs and warning signs","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Resuscitation signs— Act , s 231D","content":"### sec.13 Resuscitation signs— Act , s 231D\n\nThis section prescribes a standard for section 231D (1) (b) of the Act .\nA sign complying with subsection (3) (a resuscitation sign ) must be displayed at a regulated pool.\nFor subsection (2) , the resuscitation sign must—\nbe attached to the barrier for the regulated pool, or displayed near the pool, so that the sign is conspicuous and easily visible to anyone near the pool; and\nbe at least 300mm x 300mm in size; and\nbe made of durable and weatherproof material; and\ninclude a statement that is prominent on the sign explaining to anyone reading the sign how to act in an emergency, including, for example, telephoning for an ambulance, staying with the injured person, calling for help and providing first aid; and\n‘In an emergency phone 000 and ask for ambulance. Stay with injured person, call for help and resuscitate.’\nshow information about the procedures for providing first aid, including performing cardiopulmonary resuscitation in the way stated in the document called ‘ANZCOR guideline 8—Cardiopulmonary resuscitation (CPR)’ published by the Australian Resuscitation Council in January 2016.\nEach statement or diagram written or placed on the resuscitation sign must—\nbe clear and legible; and\nbe made by using a material that is durable and weatherproof.\n(sec.13-ssec.1) This section prescribes a standard for section 231D (1) (b) of the Act .\n(sec.13-ssec.2) A sign complying with subsection (3) (a resuscitation sign ) must be displayed at a regulated pool.\n(sec.13-ssec.3) For subsection (2) , the resuscitation sign must— be attached to the barrier for the regulated pool, or displayed near the pool, so that the sign is conspicuous and easily visible to anyone near the pool; and be at least 300mm x 300mm in size; and be made of durable and weatherproof material; and include a statement that is prominent on the sign explaining to anyone reading the sign how to act in an emergency, including, for example, telephoning for an ambulance, staying with the injured person, calling for help and providing first aid; and ‘In an emergency phone 000 and ask for ambulance. Stay with injured person, call for help and resuscitate.’ show information about the procedures for providing first aid, including performing cardiopulmonary resuscitation in the way stated in the document called ‘ANZCOR guideline 8—Cardiopulmonary resuscitation (CPR)’ published by the Australian Resuscitation Council in January 2016.\n(sec.13-ssec.4) Each statement or diagram written or placed on the resuscitation sign must— be clear and legible; and be made by using a material that is durable and weatherproof.\n- (a) be attached to the barrier for the regulated pool, or displayed near the pool, so that the sign is conspicuous and easily visible to anyone near the pool; and\n- (b) be at least 300mm x 300mm in size; and\n- (c) be made of durable and weatherproof material; and\n- (d) include a statement that is prominent on the sign explaining to anyone reading the sign how to act in an emergency, including, for example, telephoning for an ambulance, staying with the injured person, calling for help and providing first aid; and Example of what sign must state— ‘In an emergency phone 000 and ask for ambulance. Stay with injured person, call for help and resuscitate.’\n- (e) show information about the procedures for providing first aid, including performing cardiopulmonary resuscitation in the way stated in the document called ‘ANZCOR guideline 8—Cardiopulmonary resuscitation (CPR)’ published by the Australian Resuscitation Council in January 2016.\n- (a) be clear and legible; and\n- (b) be made by using a material that is durable and weatherproof.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Warning signs for constructing regulated pool— Act , s 233","content":"### sec.14 Warning signs for constructing regulated pool— Act , s 233\n\nFor section 233 (2) of the Act , a warning sign must—\nwarn members of the public in the vicinity of the land on which the pool is being constructed that—\na swimming pool is under construction on the land; and\nthere is a potential danger to young children accessing the land; and\n‘Danger. Swimming pool under construction. Keep children out.’\nsubject to subsection (3) —be placed on, or within 1.5m of, the road frontage for the land; and\nbe mounted so that the bottom of the sign is at least 300mm above ground level; and\nbe positioned so that it is visible from the road; and\nbe made of durable and weatherproof material.\nThe lettering of the warning mentioned in subsection (1) (a) must be at least 50mm in height and in a bold style.\nIf the land on which the pool is situated has more than 1 road frontage, the warning sign may be placed on only 1 frontage.\nNothing in this section prevents the warning from including a reference to any other matter.\nIn this section—\nroad frontage , for the land on which the pool is being constructed, means—\nif the only access to the land is across other land—the boundary between the other land and any road adjoining the other land at the point of access; or\notherwise—the boundary between the land and any road adjoining the land.\n(sec.14-ssec.1) For section 233 (2) of the Act , a warning sign must— warn members of the public in the vicinity of the land on which the pool is being constructed that— a swimming pool is under construction on the land; and there is a potential danger to young children accessing the land; and ‘Danger. Swimming pool under construction. Keep children out.’ subject to subsection (3) —be placed on, or within 1.5m of, the road frontage for the land; and be mounted so that the bottom of the sign is at least 300mm above ground level; and be positioned so that it is visible from the road; and be made of durable and weatherproof material.\n(sec.14-ssec.2) The lettering of the warning mentioned in subsection (1) (a) must be at least 50mm in height and in a bold style.\n(sec.14-ssec.3) If the land on which the pool is situated has more than 1 road frontage, the warning sign may be placed on only 1 frontage.\n(sec.14-ssec.4) Nothing in this section prevents the warning from including a reference to any other matter.\n(sec.14-ssec.5) In this section— road frontage , for the land on which the pool is being constructed, means— if the only access to the land is across other land—the boundary between the other land and any road adjoining the other land at the point of access; or otherwise—the boundary between the land and any road adjoining the land.\n- (a) warn members of the public in the vicinity of the land on which the pool is being constructed that— (i) a swimming pool is under construction on the land; and (ii) there is a potential danger to young children accessing the land; and Example of what sign must state— ‘Danger. Swimming pool under construction. Keep children out.’\n- (i) a swimming pool is under construction on the land; and\n- (ii) there is a potential danger to young children accessing the land; and\n- (b) subject to subsection (3) —be placed on, or within 1.5m of, the road frontage for the land; and\n- (c) be mounted so that the bottom of the sign is at least 300mm above ground level; and\n- (d) be positioned so that it is visible from the road; and\n- (e) be made of durable and weatherproof material.\n- (i) a swimming pool is under construction on the land; and\n- (ii) there is a potential danger to young children accessing the land; and\n- (a) if the only access to the land is across other land—the boundary between the other land and any road adjoining the other land at the point of access; or\n- (b) otherwise—the boundary between the land and any road adjoining the land.","sortOrder":19},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Pool safety inspectors","content":"## Pool safety inspectors","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Definitions for subdivision","content":"### sec.15 Definitions for subdivision\n\nIn this subdivision—\nactivity —\nmeans an activity undertaken by a person for the purpose of the person’s professional development relating to pool safety, including, for example, a course, seminar, workshop or conference; but\ndoes not include work experience, unless the work experience is gained while the person is employed by the State or a local government.\nCPD activity mean an activity approved by the QBCC commissioner under section 17 (1) .\n- (a) means an activity undertaken by a person for the purpose of the person’s professional development relating to pool safety, including, for example, a course, seminar, workshop or conference; but\n- (b) does not include work experience, unless the work experience is gained while the person is employed by the State or a local government.","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Continuing professional development for renewal or restoration of licence— Act , ss 246BN and 246BR","content":"### sec.16 Continuing professional development for renewal or restoration of licence— Act , ss 246BN and 246BR\n\nFor sections 246BN (3) (e) and 246BR (2) (c) (v) of the Act the continuing professional development for a person is the accumulation by the person of the following number of continuing professional development points ( CPD points )—\nif the person is a building certifier—4 CPD points;\notherwise—6 CPD points.\nFor subsection (1) , a person accumulates CPD points by—\ncompleting CPD activities; or\nholding membership of a body mentioned in schedule 6 , column 1.\n(sec.16-ssec.1) For sections 246BN (3) (e) and 246BR (2) (c) (v) of the Act the continuing professional development for a person is the accumulation by the person of the following number of continuing professional development points ( CPD points )— if the person is a building certifier—4 CPD points; otherwise—6 CPD points.\n(sec.16-ssec.2) For subsection (1) , a person accumulates CPD points by— completing CPD activities; or holding membership of a body mentioned in schedule 6 , column 1.\n- (a) if the person is a building certifier—4 CPD points;\n- (b) otherwise—6 CPD points.\n- (a) completing CPD activities; or\n- (b) holding membership of a body mentioned in schedule 6 , column 1.","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"CPD activities and CPD points","content":"### sec.17 CPD activities and CPD points\n\nThe QBCC commissioner may approve an activity as a CPD activity if the commissioner considers the activity is relevant to a pool safety inspection function or matters incidental to the function.\nThe commissioner must publish on the QBCC’s website—\na list of CPD activities; and\nthe number of CPD points awarded for completion of each CPD activity.\nThe QBCC commissioner must award at least 1 CPD point to be accumulated for each CPD activity a person undertakes.\nThe QBCC commissioner may award additional CPD points to be completed for each hour or part of an hour a person undertakes a CPD activity, having regard to the following matters—\nthe quality of the CPD activity;\nthe topics covered by the CPD activity;\nthe extent to which the CPD activity is relevant to a pool safety inspection function or matters incidental to the function.\nA person holding membership of a body mentioned in schedule 6 , column 1 accumulates the CPD points mentioned in schedule 6 , column 2 for the body if the person holds the membership at the time the person applies for renewal or restoration of the person’s pool safety inspector’s licence.\n(sec.17-ssec.1) The QBCC commissioner may approve an activity as a CPD activity if the commissioner considers the activity is relevant to a pool safety inspection function or matters incidental to the function.\n(sec.17-ssec.2) The commissioner must publish on the QBCC’s website— a list of CPD activities; and the number of CPD points awarded for completion of each CPD activity.\n(sec.17-ssec.3) The QBCC commissioner must award at least 1 CPD point to be accumulated for each CPD activity a person undertakes.\n(sec.17-ssec.4) The QBCC commissioner may award additional CPD points to be completed for each hour or part of an hour a person undertakes a CPD activity, having regard to the following matters— the quality of the CPD activity; the topics covered by the CPD activity; the extent to which the CPD activity is relevant to a pool safety inspection function or matters incidental to the function.\n(sec.17-ssec.5) A person holding membership of a body mentioned in schedule 6 , column 1 accumulates the CPD points mentioned in schedule 6 , column 2 for the body if the person holds the membership at the time the person applies for renewal or restoration of the person’s pool safety inspector’s licence.\n- (a) a list of CPD activities; and\n- (b) the number of CPD points awarded for completion of each CPD activity.\n- (a) the quality of the CPD activity;\n- (b) the topics covered by the CPD activity;\n- (c) the extent to which the CPD activity is relevant to a pool safety inspection function or matters incidental to the function.","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Definitions for subdivision","content":"### sec.18 Definitions for subdivision\n\nIn this subdivision—\naccumulation period , in relation to the accumulation of demerit points, means within a continuous period of 3 years.\ndemerit contravention , by a pool safety inspector, means a contravention of a requirement imposed under a relevant provision.\ndemerit point means a demerit point allocated to a pool safety inspector by the QBCC commissioner under this division for a demerit contravention.\nrelevant provision means any of the following provisions of the Act —\nsection 246AA (2) ;\nsection 246AB (2) ;\nsection 246AC (2) ;\nsection 246AC (4) ;\nsection 246AD (2) ;\nsection 246AJ (4) ;\nsection 246AM (2) ;\nsection 246AV .\n- (a) section 246AA (2) ;\n- (b) section 246AB (2) ;\n- (c) section 246AC (2) ;\n- (d) section 246AC (4) ;\n- (e) section 246AD (2) ;\n- (f) section 246AJ (4) ;\n- (g) section 246AM (2) ;\n- (h) section 246AV .","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Prescribed demerit points— Act , s 246CG and sch 2 , definition ground for disciplinary action","content":"### sec.19 Prescribed demerit points— Act , s 246CG and sch 2 , definition ground for disciplinary action\n\nFor section 246CG (2) (d) of the Act and schedule 2 of the Act , definition ground for disciplinary action , paragraph (f) , 16 demerit points in an accumulation period is prescribed.","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Allocation of demerit points for demerit contraventions","content":"### sec.20 Allocation of demerit points for demerit contraventions\n\nThis section applies if a pool safety inspector commits a demerit contravention.\nThe QBCC commissioner may allocate 2 demerit points under this division to the pool safety inspector for the demerit contravention.\nThe points must be allocated as soon as practicable after the commissioner becomes aware of the demerit contravention.\nA decision of the commissioner relating to the accumulation of demerit points is a reviewable decision. See the QBCC Act, part 7 , division 3 .\n(sec.20-ssec.1) This section applies if a pool safety inspector commits a demerit contravention.\n(sec.20-ssec.2) The QBCC commissioner may allocate 2 demerit points under this division to the pool safety inspector for the demerit contravention.\n(sec.20-ssec.3) The points must be allocated as soon as practicable after the commissioner becomes aware of the demerit contravention. A decision of the commissioner relating to the accumulation of demerit points is a reviewable decision. See the QBCC Act, part 7 , division 3 .","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"When demerit points takes effect","content":"### sec.21 When demerit points takes effect\n\nAllocated demerit points take effect on—\nfor demerit points allocated for a contravention of section 246AD (2) of the Act —the day on which the commissioner became aware of the demerit contravention; or\notherwise—the day after the last day on which the pool safety inspector was required to comply with the relevant provision.\n- (a) for demerit points allocated for a contravention of section 246AD (2) of the Act —the day on which the commissioner became aware of the demerit contravention; or\n- (b) otherwise—the day after the last day on which the pool safety inspector was required to comply with the relevant provision.","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"QBCC commissioner must notify pool safety inspector","content":"### sec.22 QBCC commissioner must notify pool safety inspector\n\nThis section applies if the QBCC commissioner allocates demerit points to a pool safety inspector under section 20 .\nThe QBCC commissioner must, as soon as practicable after the demerit points are allocated, give the pool safety inspector a notice stating the following information—\nthe number of demerit points allocated;\nthe details of the demerit contravention for which the demerit points have been allocated;\nthe date the demerit points were allocated;\nthe date the demerit points took effect;\nthat the accumulation of 16 demerit points in an accumulation period—\nis a matter under section 246CG (2) (d) of the Act to be considered by the commissioner if the commissioner is considering whether the pool safety inspector is a suitable person to hold a licence; and\nis a ground for disciplinary action and is a matter to be considered—\nby the commissioner in deciding on an action to take under section 246CY of the Act ; or\nby the tribunal in making an order under chapter 8 , part 7 , division 3 of the Act .\nThe notice must include an information notice about the commissioner’s decision to allocate the demerit points.\n(sec.22-ssec.1) This section applies if the QBCC commissioner allocates demerit points to a pool safety inspector under section 20 .\n(sec.22-ssec.2) The QBCC commissioner must, as soon as practicable after the demerit points are allocated, give the pool safety inspector a notice stating the following information— the number of demerit points allocated; the details of the demerit contravention for which the demerit points have been allocated; the date the demerit points were allocated; the date the demerit points took effect; that the accumulation of 16 demerit points in an accumulation period— is a matter under section 246CG (2) (d) of the Act to be considered by the commissioner if the commissioner is considering whether the pool safety inspector is a suitable person to hold a licence; and is a ground for disciplinary action and is a matter to be considered— by the commissioner in deciding on an action to take under section 246CY of the Act ; or by the tribunal in making an order under chapter 8 , part 7 , division 3 of the Act .\n(sec.22-ssec.3) The notice must include an information notice about the commissioner’s decision to allocate the demerit points.\n- (a) the number of demerit points allocated;\n- (b) the details of the demerit contravention for which the demerit points have been allocated;\n- (c) the date the demerit points were allocated;\n- (d) the date the demerit points took effect;\n- (e) that the accumulation of 16 demerit points in an accumulation period— (i) is a matter under section 246CG (2) (d) of the Act to be considered by the commissioner if the commissioner is considering whether the pool safety inspector is a suitable person to hold a licence; and (ii) is a ground for disciplinary action and is a matter to be considered— (A) by the commissioner in deciding on an action to take under section 246CY of the Act ; or (B) by the tribunal in making an order under chapter 8 , part 7 , division 3 of the Act .\n- (i) is a matter under section 246CG (2) (d) of the Act to be considered by the commissioner if the commissioner is considering whether the pool safety inspector is a suitable person to hold a licence; and\n- (ii) is a ground for disciplinary action and is a matter to be considered— (A) by the commissioner in deciding on an action to take under section 246CY of the Act ; or (B) by the tribunal in making an order under chapter 8 , part 7 , division 3 of the Act .\n- (A) by the commissioner in deciding on an action to take under section 246CY of the Act ; or\n- (B) by the tribunal in making an order under chapter 8 , part 7 , division 3 of the Act .\n- (i) is a matter under section 246CG (2) (d) of the Act to be considered by the commissioner if the commissioner is considering whether the pool safety inspector is a suitable person to hold a licence; and\n- (ii) is a ground for disciplinary action and is a matter to be considered— (A) by the commissioner in deciding on an action to take under section 246CY of the Act ; or (B) by the tribunal in making an order under chapter 8 , part 7 , division 3 of the Act .\n- (A) by the commissioner in deciding on an action to take under section 246CY of the Act ; or\n- (B) by the tribunal in making an order under chapter 8 , part 7 , division 3 of the Act .\n- (A) by the commissioner in deciding on an action to take under section 246CY of the Act ; or\n- (B) by the tribunal in making an order under chapter 8 , part 7 , division 3 of the Act .","sortOrder":28},{"sectionNumber":"sec.23","sectionType":"section","heading":"If pool safety inspector accumulates 16 demerit points","content":"### sec.23 If pool safety inspector accumulates 16 demerit points\n\nThis section applies if a pool safety inspector accumulates 16 demerit points in an accumulation period.\nThe QBCC commissioner must give the pool safety inspector a notice stating the following information—\nthat the inspector has accumulated 16 demerit points in the accumulation period;\nthe details of each demerit contravention for which the demerit points have accumulated;\nthe dates the points were allocated;\nthe dates the points took effect;\nthat—\nunder section 246CG (2) (d) of the Act , the commissioner must consider the accumulation of the points by the inspector in considering whether the inspector is a suitable person to hold a licence as a pool safety inspector; and\nthe accumulation of the points is a ground for disciplinary action;\nthat the inspector may, within a period stated in the notice (the stated period ), give the commissioner written submissions about why the inspector considers the inspector has not accumulated 16 demerit points in the accumulation period.\nThe stated period must end at least 28 days after the pool safety inspector is given the notice.\nThe commissioner must consider a submission made by the pool safety inspector within the stated period.\n(sec.23-ssec.1) This section applies if a pool safety inspector accumulates 16 demerit points in an accumulation period.\n(sec.23-ssec.2) The QBCC commissioner must give the pool safety inspector a notice stating the following information— that the inspector has accumulated 16 demerit points in the accumulation period; the details of each demerit contravention for which the demerit points have accumulated; the dates the points were allocated; the dates the points took effect; that— under section 246CG (2) (d) of the Act , the commissioner must consider the accumulation of the points by the inspector in considering whether the inspector is a suitable person to hold a licence as a pool safety inspector; and the accumulation of the points is a ground for disciplinary action; that the inspector may, within a period stated in the notice (the stated period ), give the commissioner written submissions about why the inspector considers the inspector has not accumulated 16 demerit points in the accumulation period.\n(sec.23-ssec.3) The stated period must end at least 28 days after the pool safety inspector is given the notice.\n(sec.23-ssec.4) The commissioner must consider a submission made by the pool safety inspector within the stated period.\n- (a) that the inspector has accumulated 16 demerit points in the accumulation period;\n- (b) the details of each demerit contravention for which the demerit points have accumulated;\n- (c) the dates the points were allocated;\n- (d) the dates the points took effect;\n- (e) that— (i) under section 246CG (2) (d) of the Act , the commissioner must consider the accumulation of the points by the inspector in considering whether the inspector is a suitable person to hold a licence as a pool safety inspector; and (ii) the accumulation of the points is a ground for disciplinary action;\n- (i) under section 246CG (2) (d) of the Act , the commissioner must consider the accumulation of the points by the inspector in considering whether the inspector is a suitable person to hold a licence as a pool safety inspector; and\n- (ii) the accumulation of the points is a ground for disciplinary action;\n- (f) that the inspector may, within a period stated in the notice (the stated period ), give the commissioner written submissions about why the inspector considers the inspector has not accumulated 16 demerit points in the accumulation period.\n- (i) under section 246CG (2) (d) of the Act , the commissioner must consider the accumulation of the points by the inspector in considering whether the inspector is a suitable person to hold a licence as a pool safety inspector; and\n- (ii) the accumulation of the points is a ground for disciplinary action;","sortOrder":29},{"sectionNumber":"sec.24","sectionType":"section","heading":"QBCC commissioner may take no further action","content":"### sec.24 QBCC commissioner may take no further action\n\nThis section applies if, after considering a submission made by the pool safety inspector within the stated period mentioned in section 23 (2) (f) , the QBCC commissioner is satisfied the inspector has not accumulated the 16 demerit points stated in the notice given under section 23 .\nThe QBCC commissioner must, as soon as practicable, give the pool safety inspector a notice stating the commissioner does not intend to take any further action in relation to the inspector under the notice given under section 23 .\n(sec.24-ssec.1) This section applies if, after considering a submission made by the pool safety inspector within the stated period mentioned in section 23 (2) (f) , the QBCC commissioner is satisfied the inspector has not accumulated the 16 demerit points stated in the notice given under section 23 .\n(sec.24-ssec.2) The QBCC commissioner must, as soon as practicable, give the pool safety inspector a notice stating the commissioner does not intend to take any further action in relation to the inspector under the notice given under section 23 .","sortOrder":30},{"sectionNumber":"sec.25","sectionType":"section","heading":"When QBCC commissioner must issue further notice","content":"### sec.25 When QBCC commissioner must issue further notice\n\nThis section applies if—\nafter considering a submission made by the pool safety inspector within the stated period mentioned in section 23 (2) (f) , the QBCC commissioner is satisfied the inspector has accumulated 16 demerit points in an accumulation period; or\nthe pool safety inspector does not make a submission under section 23 (2) (f) .\nThe QBCC commissioner must give the pool safety inspector a notice stating the following matters—\nthat the commissioner has decided the inspector has accumulated 16 demerit points in the accumulation period;\nthat the accumulation of 16 demerit points in an accumulation period is a matter that under section 246CG (2) (d) of the Act the commissioner must consider in considering whether the pool safety inspector is a suitable person to hold a licence; and\nis a matter under section 246CG (2) (d) of the Act to be considered by the commissioner if the commissioner is considering whether the pool safety inspector is a suitable person to hold a licence; or\nis a ground for disciplinary action and a matter to be considered—\nby the commissioner in deciding on an action to be taken under section 246CY of the Act ; or\nby the tribunal in making an order under chapter 8 , part 7 , division 3 of the Act .\nThe notice must include an information notice about the commissioner’s decision.\n(sec.25-ssec.1) This section applies if— after considering a submission made by the pool safety inspector within the stated period mentioned in section 23 (2) (f) , the QBCC commissioner is satisfied the inspector has accumulated 16 demerit points in an accumulation period; or the pool safety inspector does not make a submission under section 23 (2) (f) .\n(sec.25-ssec.2) The QBCC commissioner must give the pool safety inspector a notice stating the following matters— that the commissioner has decided the inspector has accumulated 16 demerit points in the accumulation period; that the accumulation of 16 demerit points in an accumulation period is a matter that under section 246CG (2) (d) of the Act the commissioner must consider in considering whether the pool safety inspector is a suitable person to hold a licence; and is a matter under section 246CG (2) (d) of the Act to be considered by the commissioner if the commissioner is considering whether the pool safety inspector is a suitable person to hold a licence; or is a ground for disciplinary action and a matter to be considered— by the commissioner in deciding on an action to be taken under section 246CY of the Act ; or by the tribunal in making an order under chapter 8 , part 7 , division 3 of the Act .\n(sec.25-ssec.3) The notice must include an information notice about the commissioner’s decision.\n- (a) after considering a submission made by the pool safety inspector within the stated period mentioned in section 23 (2) (f) , the QBCC commissioner is satisfied the inspector has accumulated 16 demerit points in an accumulation period; or\n- (b) the pool safety inspector does not make a submission under section 23 (2) (f) .\n- (a) that the commissioner has decided the inspector has accumulated 16 demerit points in the accumulation period;\n- (b) that the accumulation of 16 demerit points in an accumulation period is a matter that under section 246CG (2) (d) of the Act the commissioner must consider in considering whether the pool safety inspector is a suitable person to hold a licence; and (i) is a matter under section 246CG (2) (d) of the Act to be considered by the commissioner if the commissioner is considering whether the pool safety inspector is a suitable person to hold a licence; or (ii) is a ground for disciplinary action and a matter to be considered— (A) by the commissioner in deciding on an action to be taken under section 246CY of the Act ; or (B) by the tribunal in making an order under chapter 8 , part 7 , division 3 of the Act .\n- (i) is a matter under section 246CG (2) (d) of the Act to be considered by the commissioner if the commissioner is considering whether the pool safety inspector is a suitable person to hold a licence; or\n- (ii) is a ground for disciplinary action and a matter to be considered— (A) by the commissioner in deciding on an action to be taken under section 246CY of the Act ; or (B) by the tribunal in making an order under chapter 8 , part 7 , division 3 of the Act .\n- (A) by the commissioner in deciding on an action to be taken under section 246CY of the Act ; or\n- (B) by the tribunal in making an order under chapter 8 , part 7 , division 3 of the Act .\n- (i) is a matter under section 246CG (2) (d) of the Act to be considered by the commissioner if the commissioner is considering whether the pool safety inspector is a suitable person to hold a licence; or\n- (ii) is a ground for disciplinary action and a matter to be considered— (A) by the commissioner in deciding on an action to be taken under section 246CY of the Act ; or (B) by the tribunal in making an order under chapter 8 , part 7 , division 3 of the Act .\n- (A) by the commissioner in deciding on an action to be taken under section 246CY of the Act ; or\n- (B) by the tribunal in making an order under chapter 8 , part 7 , division 3 of the Act .\n- (A) by the commissioner in deciding on an action to be taken under section 246CY of the Act ; or\n- (B) by the tribunal in making an order under chapter 8 , part 7 , division 3 of the Act .","sortOrder":31},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":32},{"sectionNumber":"sec.26","sectionType":"section","heading":"Prescribed local government— Act , s 246ACA , definition prescribed local government","content":"### sec.26 Prescribed local government— Act , s 246ACA , definition prescribed local government\n\nFor section 246ACA (2) of the Act , definition prescribed local government , a local government mentioned in schedule 3 is prescribed.","sortOrder":33},{"sectionNumber":"sec.27","sectionType":"section","heading":"Matters for regulated pools register— Act , s 246AS","content":"### sec.27 Matters for regulated pools register— Act , s 246AS\n\nFor section 246AS (3) (c) of the Act , each of the following matters are prescribed—\nwhether, under section 14 (4) (b) of the Act , a performance solution has been used for the barriers for the regulated pool;\nwhether the chief executive decided under section 41 of the Act to vary how a building assessment provision relating to the barriers for the regulated pool applies to the pool, and the effect of the variation;\nwhether an exemption granted by a local government under section 237 or section 245B of the Act is in force for the barriers for the regulated pool;\nwhether, on appeal to a development tribunal under the Planning Act, section 229 , the tribunal granted an exemption from complying with the pool safety standard relating to barriers for a regulated pool;\nif, under section 246AN of the Act , a building certificate applies to the regulated pool—\nthe date the certificate was given; and\nthe relevant period under section 246AN (3) of the Act for which the certificate may be used instead of a pool safety certificate for the pool.\n- (a) whether, under section 14 (4) (b) of the Act , a performance solution has been used for the barriers for the regulated pool;\n- (b) whether the chief executive decided under section 41 of the Act to vary how a building assessment provision relating to the barriers for the regulated pool applies to the pool, and the effect of the variation;\n- (c) whether an exemption granted by a local government under section 237 or section 245B of the Act is in force for the barriers for the regulated pool;\n- (d) whether, on appeal to a development tribunal under the Planning Act, section 229 , the tribunal granted an exemption from complying with the pool safety standard relating to barriers for a regulated pool;\n- (e) if, under section 246AN of the Act , a building certificate applies to the regulated pool— (i) the date the certificate was given; and (ii) the relevant period under section 246AN (3) of the Act for which the certificate may be used instead of a pool safety certificate for the pool.\n- (i) the date the certificate was given; and\n- (ii) the relevant period under section 246AN (3) of the Act for which the certificate may be used instead of a pool safety certificate for the pool.\n- (i) the date the certificate was given; and\n- (ii) the relevant period under section 246AN (3) of the Act for which the certificate may be used instead of a pool safety certificate for the pool.","sortOrder":34},{"sectionNumber":"sec.28","sectionType":"section","heading":"Notification requirements for sale of regulated premises— Act , s 246ATM","content":"### sec.28 Notification requirements for sale of regulated premises— Act , s 246ATM\n\nFor section 246ATM (2) of the Act , the owner of regulated premises must give a notice in the form approved by the QBCC commissioner before entering into a contract for the sale of the premises under that section.\nMaximum penalty—20 penalty units.","sortOrder":35},{"sectionNumber":"sec.29","sectionType":"section","heading":"Approved code of conduct for pool safety inspector— Act , s 246BA","content":"### sec.29 Approved code of conduct for pool safety inspector— Act , s 246BA\n\nFor section 246BA (1) of the Act , the code of conduct for pool safety inspectors called ‘Code of conduct for swimming pool safety inspectors, version 2 – September 2019’, made by the QBCC commissioner and published on the QBCC’s website, is approved.","sortOrder":36},{"sectionNumber":"sec.30","sectionType":"section","heading":"Minor repairs— Act , s 246BE","content":"### sec.30 Minor repairs— Act , s 246BE\n\nFor section 246BE (1) of the Act , the repairs mentioned in schedule 4 are prescribed.\nSee also the Queensland Building and Construction Commission Regulation 2018 , schedule 1 , section 2 , that provides that particular work of a value of $3,300 or less is not building work for the Queensland Building and Construction Commission Act 1991 , schedule 2 , definition building work .","sortOrder":37},{"sectionNumber":"sec.31","sectionType":"section","heading":"Inspection of particular repairs, maintenance or other works","content":"### sec.31 Inspection of particular repairs, maintenance or other works\n\nThis section applies to an owner of a regulated pool if building work mentioned in schedule 5 , section 5 , is carried out in relation to the pool.\nThe owner must, unless the owner has a reasonable excuse, ensure that a pool safety inspector inspects the pool—\nif the work is carried out during the reinspection period stated in a nonconformity notice given for the regulated pool—within the reinspection period; or\nif the work is for a specified pool in relation to which a nonconformity notice has not been given—on a day that is not more than 3 months after the day the owner arranged the inspection under schedule 5 , section 5 (2) (c) (ii) .\nMaximum penalty—20 penalty units.\n(sec.31-ssec.1) This section applies to an owner of a regulated pool if building work mentioned in schedule 5 , section 5 , is carried out in relation to the pool.\n(sec.31-ssec.2) The owner must, unless the owner has a reasonable excuse, ensure that a pool safety inspector inspects the pool— if the work is carried out during the reinspection period stated in a nonconformity notice given for the regulated pool—within the reinspection period; or if the work is for a specified pool in relation to which a nonconformity notice has not been given—on a day that is not more than 3 months after the day the owner arranged the inspection under schedule 5 , section 5 (2) (c) (ii) . Maximum penalty—20 penalty units.\n- (a) if the work is carried out during the reinspection period stated in a nonconformity notice given for the regulated pool—within the reinspection period; or\n- (b) if the work is for a specified pool in relation to which a nonconformity notice has not been given—on a day that is not more than 3 months after the day the owner arranged the inspection under schedule 5 , section 5 (2) (c) (ii) .","sortOrder":38},{"sectionNumber":"sec.32","sectionType":"section","heading":"Professional indemnity insurance— Act , sch 2 , definition prescribed professional indemnity insurance","content":"### sec.32 Professional indemnity insurance— Act , sch 2 , definition prescribed professional indemnity insurance\n\nFor schedule 2 of the Act , definition prescribed professional indemnity insurance , professional indemnity insurance for a pool safety inspector that provides for all of the following matters is prescribed—\na minimum limit of indemnity of a total of $1m during any 1 period of insurance that may arise from the performance by the pool safety inspector of a pool safety inspection function;\nindemnity for costs and expenses incurred with the consent of the insurer for defending or settling a claim;\nno exclusion or special limitation for personal injury or property damage;\nno requirement for any particular disclaimer to be given by the pool safety inspector to the pool safety inspector’s clients or customers before, during or after the performance of a pool safety inspection function;\nindemnity for breaches of professional duty as a pool safety inspector arising from an act, error or omission of the inspector after the day the inspector first became a pool safety inspector;\nat least 1 automatic reinstatement of indemnity;\nindemnity for negligent performance of a pool safety inspection function, other than for claims for fraudulent or illegal acts or omissions;\nif the pool safety inspector performs a pool safety inspection function as an employee—indemnity for former principals, partners and directors of the employer of the pool safety inspector who were, but no longer are, pool safety inspectors.\nFor subsection (1) , a pool safety inspector who is a member of a corporation, or an employee of an individual, a corporation or a public sector entity, has the prescribed professional indemnity insurance if the corporation, individual or entity has the professional indemnity insurance mentioned in subsection (1) .\nFor subsection (1) (b) , the indemnity may, for any 1 claim, be limited to 20% of the limit of indemnity the insurance provides under subsection (1) (a) for the claim.\nSubsection (1) does not apply to a pool safety inspector employed as a pool safety inspector by any of the following entities if the inspector is performing a pool safety inspection function in the course of the inspector’s employment—\na local government;\nthe State;\nthe Commonwealth;\nthe Queensland Building and Construction Employing Office established under the Queensland Building and Construction Commission Act 1991 , section 29A .\n(sec.32-ssec.1) For schedule 2 of the Act , definition prescribed professional indemnity insurance , professional indemnity insurance for a pool safety inspector that provides for all of the following matters is prescribed— a minimum limit of indemnity of a total of $1m during any 1 period of insurance that may arise from the performance by the pool safety inspector of a pool safety inspection function; indemnity for costs and expenses incurred with the consent of the insurer for defending or settling a claim; no exclusion or special limitation for personal injury or property damage; no requirement for any particular disclaimer to be given by the pool safety inspector to the pool safety inspector’s clients or customers before, during or after the performance of a pool safety inspection function; indemnity for breaches of professional duty as a pool safety inspector arising from an act, error or omission of the inspector after the day the inspector first became a pool safety inspector; at least 1 automatic reinstatement of indemnity; indemnity for negligent performance of a pool safety inspection function, other than for claims for fraudulent or illegal acts or omissions; if the pool safety inspector performs a pool safety inspection function as an employee—indemnity for former principals, partners and directors of the employer of the pool safety inspector who were, but no longer are, pool safety inspectors.\n(sec.32-ssec.2) For subsection (1) , a pool safety inspector who is a member of a corporation, or an employee of an individual, a corporation or a public sector entity, has the prescribed professional indemnity insurance if the corporation, individual or entity has the professional indemnity insurance mentioned in subsection (1) .\n(sec.32-ssec.3) For subsection (1) (b) , the indemnity may, for any 1 claim, be limited to 20% of the limit of indemnity the insurance provides under subsection (1) (a) for the claim.\n(sec.32-ssec.4) Subsection (1) does not apply to a pool safety inspector employed as a pool safety inspector by any of the following entities if the inspector is performing a pool safety inspection function in the course of the inspector’s employment— a local government; the State; the Commonwealth; the Queensland Building and Construction Employing Office established under the Queensland Building and Construction Commission Act 1991 , section 29A .\n- (a) a minimum limit of indemnity of a total of $1m during any 1 period of insurance that may arise from the performance by the pool safety inspector of a pool safety inspection function;\n- (b) indemnity for costs and expenses incurred with the consent of the insurer for defending or settling a claim;\n- (c) no exclusion or special limitation for personal injury or property damage;\n- (d) no requirement for any particular disclaimer to be given by the pool safety inspector to the pool safety inspector’s clients or customers before, during or after the performance of a pool safety inspection function;\n- (e) indemnity for breaches of professional duty as a pool safety inspector arising from an act, error or omission of the inspector after the day the inspector first became a pool safety inspector;\n- (f) at least 1 automatic reinstatement of indemnity;\n- (g) indemnity for negligent performance of a pool safety inspection function, other than for claims for fraudulent or illegal acts or omissions;\n- (h) if the pool safety inspector performs a pool safety inspection function as an employee—indemnity for former principals, partners and directors of the employer of the pool safety inspector who were, but no longer are, pool safety inspectors.\n- (a) a local government;\n- (b) the State;\n- (c) the Commonwealth;\n- (d) the Queensland Building and Construction Employing Office established under the Queensland Building and Construction Commission Act 1991 , section 29A .","sortOrder":39},{"sectionNumber":"pt.6","sectionType":"part","heading":"Competent persons","content":"# Competent persons","sortOrder":40},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":41},{"sectionNumber":"sec.33","sectionType":"section","heading":"Definitions for part","content":"### sec.33 Definitions for part\n\nIn this part—\ncompetent person means—\na competent person (design-specification); or\na competent person (inspection).\ncompetent person (design-specification) means an individual that a building certifier decides, under section 34 , is competent to give the certifier design-specification help.\ncompetent person (inspection) means an individual that a building certifier decides, under section 34 , is competent to give the certifier inspection help.\ndesign-specification help means help in performing a building certifying function for building design or specification for building assessment work.\ninspection help means help in performing a building certifying function for the inspection of assessable building work.\n- (a) a competent person (design-specification); or\n- (b) a competent person (inspection).","sortOrder":42},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"General","content":"## General","sortOrder":43},{"sectionNumber":"sec.34","sectionType":"section","heading":"Building certifier may decide who is competent person","content":"### sec.34 Building certifier may decide who is competent person\n\nA building certifier may, under this section, decide an individual is competent to provide the certifier with—\ndesign-specification help or inspection help generally; or\ndesign-specification help or inspection help limited to a particular aspect of design-specification help or inspection help; or\ndesign-specification help or inspection help for particular assessable building work.\nThe building certifier may decide that an individual is competent under subsection (1) —\nif a relevant law requires the individual to be registered or hold a licence or other qualification to give the design-specification help or inspection help—only if—\nthe individual is registered or holds the licence or other qualification; and\nthe building certifier has assessed the individual, having regard to the individual’s experience, qualifications and skills, and the certifier is satisfied the individual is competent to give the help; or\notherwise—only if the building certifier has assessed the individual, having regard to the individual’s experience, qualifications and skills, and the certifier is satisfied the individual is competent to give the help.\nA building certifier is deciding whether an individual is a competent person to provide help with assessing whether a building complies with the performance requirements for energy efficiency under the BCA, part 3.12 . An individual with the skills to carry out appropriate computer modelling for the assessment has appropriate skills to give the help.\nThe building certifier may decide an individual is a competent person (inspection), on and from the day the certifier made the decision.\nThe building certifier may decide an individual is, or has been, a competent person (design-specification), on and from a particular day.\nThe building certifier may decide an individual is a competent person (design-specification) and a competent person (inspection) at the same time or for the same matter.\nA building certifier must have regard to the competent person assessment guidelines in making a decision under this section.\nIn this section—\nrelevant law means a law applying in the State that is relevant to practising in the matter the subject of the help.\n(sec.34-ssec.1) A building certifier may, under this section, decide an individual is competent to provide the certifier with— design-specification help or inspection help generally; or design-specification help or inspection help limited to a particular aspect of design-specification help or inspection help; or design-specification help or inspection help for particular assessable building work.\n(sec.34-ssec.2) The building certifier may decide that an individual is competent under subsection (1) — if a relevant law requires the individual to be registered or hold a licence or other qualification to give the design-specification help or inspection help—only if— the individual is registered or holds the licence or other qualification; and the building certifier has assessed the individual, having regard to the individual’s experience, qualifications and skills, and the certifier is satisfied the individual is competent to give the help; or otherwise—only if the building certifier has assessed the individual, having regard to the individual’s experience, qualifications and skills, and the certifier is satisfied the individual is competent to give the help. A building certifier is deciding whether an individual is a competent person to provide help with assessing whether a building complies with the performance requirements for energy efficiency under the BCA, part 3.12 . An individual with the skills to carry out appropriate computer modelling for the assessment has appropriate skills to give the help.\n(sec.34-ssec.3) The building certifier may decide an individual is a competent person (inspection), on and from the day the certifier made the decision.\n(sec.34-ssec.4) The building certifier may decide an individual is, or has been, a competent person (design-specification), on and from a particular day.\n(sec.34-ssec.5) The building certifier may decide an individual is a competent person (design-specification) and a competent person (inspection) at the same time or for the same matter.\n(sec.34-ssec.6) A building certifier must have regard to the competent person assessment guidelines in making a decision under this section.\n(sec.34-ssec.7) In this section— relevant law means a law applying in the State that is relevant to practising in the matter the subject of the help.\n- (a) design-specification help or inspection help generally; or\n- (b) design-specification help or inspection help limited to a particular aspect of design-specification help or inspection help; or\n- (c) design-specification help or inspection help for particular assessable building work.\n- (a) if a relevant law requires the individual to be registered or hold a licence or other qualification to give the design-specification help or inspection help—only if— (i) the individual is registered or holds the licence or other qualification; and (ii) the building certifier has assessed the individual, having regard to the individual’s experience, qualifications and skills, and the certifier is satisfied the individual is competent to give the help; or\n- (i) the individual is registered or holds the licence or other qualification; and\n- (ii) the building certifier has assessed the individual, having regard to the individual’s experience, qualifications and skills, and the certifier is satisfied the individual is competent to give the help; or\n- (b) otherwise—only if the building certifier has assessed the individual, having regard to the individual’s experience, qualifications and skills, and the certifier is satisfied the individual is competent to give the help. Example— A building certifier is deciding whether an individual is a competent person to provide help with assessing whether a building complies with the performance requirements for energy efficiency under the BCA, part 3.12 . An individual with the skills to carry out appropriate computer modelling for the assessment has appropriate skills to give the help.\n- (i) the individual is registered or holds the licence or other qualification; and\n- (ii) the building certifier has assessed the individual, having regard to the individual’s experience, qualifications and skills, and the certifier is satisfied the individual is competent to give the help; or","sortOrder":44},{"sectionNumber":"sec.35","sectionType":"section","heading":"Restriction on deciding whether individual is a competent person (inspection) for particular work for single detached class 1a building","content":"### sec.35 Restriction on deciding whether individual is a competent person (inspection) for particular work for single detached class 1a building\n\nA building certifier must not decide an individual is a competent person (inspection) to help the building certifier perform boundary clearance work for a single detached class 1a building unless the individual is a cadastral surveyor.\nA building certifier must not decide an individual is a competent person (inspection) to give inspection help for the following building work, unless the individual is a registered professional engineer—\nreinforcement of footing system work for a single detached class 1a building;\nformwork and reinforcement for a slab for a single detached class 1a building.\n(sec.35-ssec.1) A building certifier must not decide an individual is a competent person (inspection) to help the building certifier perform boundary clearance work for a single detached class 1a building unless the individual is a cadastral surveyor.\n(sec.35-ssec.2) A building certifier must not decide an individual is a competent person (inspection) to give inspection help for the following building work, unless the individual is a registered professional engineer— reinforcement of footing system work for a single detached class 1a building; formwork and reinforcement for a slab for a single detached class 1a building.\n- (a) reinforcement of footing system work for a single detached class 1a building;\n- (b) formwork and reinforcement for a slab for a single detached class 1a building.","sortOrder":45},{"sectionNumber":"sec.36","sectionType":"section","heading":"Building certifier’s obligation to keep record of decision","content":"### sec.36 Building certifier’s obligation to keep record of decision\n\nIf, under this part, a building certifier decides an individual is a competent person, the certifier must keep a record stating the following matters—\nthe competent person’s name;\nthe matters for which the person was decided to be a competent person;\nthe day the decision was made;\nif, under section 34 (4) , the certifier decided the individual has been a competent person (design-specification) from a particular day that was before the day the decision was made—the particular day;\ndetails of the documents or information relied on by the certifier to make the decision;\nthe certifier’s reasons for the decision.\nMaximum penalty—20 penalty units.\nThe certifier must keep the record for least 7 years from the day the decision was made.\nMaximum penalty—20 penalty units.\n(sec.36-ssec.1) If, under this part, a building certifier decides an individual is a competent person, the certifier must keep a record stating the following matters— the competent person’s name; the matters for which the person was decided to be a competent person; the day the decision was made; if, under section 34 (4) , the certifier decided the individual has been a competent person (design-specification) from a particular day that was before the day the decision was made—the particular day; details of the documents or information relied on by the certifier to make the decision; the certifier’s reasons for the decision. Maximum penalty—20 penalty units.\n(sec.36-ssec.2) The certifier must keep the record for least 7 years from the day the decision was made. Maximum penalty—20 penalty units.\n- (a) the competent person’s name;\n- (b) the matters for which the person was decided to be a competent person;\n- (c) the day the decision was made;\n- (d) if, under section 34 (4) , the certifier decided the individual has been a competent person (design-specification) from a particular day that was before the day the decision was made—the particular day;\n- (e) details of the documents or information relied on by the certifier to make the decision;\n- (f) the certifier’s reasons for the decision.","sortOrder":46},{"sectionNumber":"sec.37","sectionType":"section","heading":"Competent person assessment guidelines","content":"### sec.37 Competent person assessment guidelines\n\nIf, under section 258 of the Act , the chief executive makes guidelines about how a building certifier may decide whether or not a person is a competent person under section 34 , the guidelines may include information about—\nthe matters the building certifier must consider in making the decision; and\nthe circumstances in which it may be appropriate for the building certifier to use a competent person to give design-specification help or inspection help.\n- (a) the matters the building certifier must consider in making the decision; and\n- (b) the circumstances in which it may be appropriate for the building certifier to use a competent person to give design-specification help or inspection help.","sortOrder":47},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Restrictions on competent persons","content":"## Restrictions on competent persons","sortOrder":48},{"sectionNumber":"sec.38","sectionType":"section","heading":"General restrictions","content":"### sec.38 General restrictions\n\nOnly a competent person (design-specification) may give design-specification help.\nOnly a competent person (inspection) may give inspection help.\n(sec.38-ssec.1) Only a competent person (design-specification) may give design-specification help.\n(sec.38-ssec.2) Only a competent person (inspection) may give inspection help.","sortOrder":49},{"sectionNumber":"sec.39","sectionType":"section","heading":"Restrictions on giving inspection help","content":"### sec.39 Restrictions on giving inspection help\n\nThis section applies to assessable building work for a building of any class.\nA competent person (inspection) can not sign a certificate of inspection for a stage of the building work if the person—\nis the builder for the work; or\nhas carried out building work for any aspect of the stage.\nSubsection (2) does not stop the competent person (inspection) giving an aspect inspection certificate for the work if, under part 9 , the person can give the certificate.\n(sec.39-ssec.1) This section applies to assessable building work for a building of any class.\n(sec.39-ssec.2) A competent person (inspection) can not sign a certificate of inspection for a stage of the building work if the person— is the builder for the work; or has carried out building work for any aspect of the stage.\n(sec.39-ssec.3) Subsection (2) does not stop the competent person (inspection) giving an aspect inspection certificate for the work if, under part 9 , the person can give the certificate.\n- (a) is the builder for the work; or\n- (b) has carried out building work for any aspect of the stage.","sortOrder":50},{"sectionNumber":"sec.40","sectionType":"section","heading":"Competent person must not give false or misleading documents","content":"### sec.40 Competent person must not give false or misleading documents\n\nA competent person must not, in giving design-specification help or inspection help, give the building certifier a document containing information the person knows, or reasonably suspects, is false or misleading in a material particular.\nMaximum penalty—100 penalty units.","sortOrder":51},{"sectionNumber":"pt.7","sectionType":"part","heading":"Cadet building certifiers","content":"# Cadet building certifiers","sortOrder":52},{"sectionNumber":"sec.41","sectionType":"section","heading":"Appointment of cadet building certifier","content":"### sec.41 Appointment of cadet building certifier\n\nA person may be appointed as a cadet building certifier to assist a building certifier (a supervising certifier ) in the performance of a building certifying function, if—\nthe person has been employed by a local government or private certifier for at least 3 months assisting in the performance of building certifying functions under the direct supervision of a building certifier; and\nthe period of employment mentioned in paragraph (a) was completed not more than 6 months before the appointment; and\nthe person is undertaking a course of study that, if successfully completed, meets the educational standard required for accreditation by an accreditation standards body.\nIn this section—\ndirect supervision , of a person by a building certifier, means the giving of technical direction by the certifier to the person about assisting in the performance of a building certifying function, if the technical direction is given before, or at the time, the person gave the assistance, or as soon as reasonably practicable after it has been given.\n(sec.41-ssec.1) A person may be appointed as a cadet building certifier to assist a building certifier (a supervising certifier ) in the performance of a building certifying function, if— the person has been employed by a local government or private certifier for at least 3 months assisting in the performance of building certifying functions under the direct supervision of a building certifier; and the period of employment mentioned in paragraph (a) was completed not more than 6 months before the appointment; and the person is undertaking a course of study that, if successfully completed, meets the educational standard required for accreditation by an accreditation standards body.\n(sec.41-ssec.2) In this section— direct supervision , of a person by a building certifier, means the giving of technical direction by the certifier to the person about assisting in the performance of a building certifying function, if the technical direction is given before, or at the time, the person gave the assistance, or as soon as reasonably practicable after it has been given.\n- (a) the person has been employed by a local government or private certifier for at least 3 months assisting in the performance of building certifying functions under the direct supervision of a building certifier; and\n- (b) the period of employment mentioned in paragraph (a) was completed not more than 6 months before the appointment; and\n- (c) the person is undertaking a course of study that, if successfully completed, meets the educational standard required for accreditation by an accreditation standards body.","sortOrder":53},{"sectionNumber":"sec.42","sectionType":"section","heading":"Role of cadet building certifier and supervising certifier","content":"### sec.42 Role of cadet building certifier and supervising certifier\n\nA cadet building certifier may assist a supervising certifier in the performance of a building certifying function only if the function is permitted under the level of licence held by the supervising certifier.\nIf a cadet building certifier assists a supervising certifier in the performance of a building certifying function, the supervising certifier is the person responsible for the function.\nIn deciding whether to allow a cadet building certifier to assist in the performance of a building certifying function, a supervising certifier must have regard to the cadet building certifier’s ability, experience, qualifications and skills.\n(sec.42-ssec.1) A cadet building certifier may assist a supervising certifier in the performance of a building certifying function only if the function is permitted under the level of licence held by the supervising certifier.\n(sec.42-ssec.2) If a cadet building certifier assists a supervising certifier in the performance of a building certifying function, the supervising certifier is the person responsible for the function.\n(sec.42-ssec.3) In deciding whether to allow a cadet building certifier to assist in the performance of a building certifying function, a supervising certifier must have regard to the cadet building certifier’s ability, experience, qualifications and skills.","sortOrder":54},{"sectionNumber":"sec.43","sectionType":"section","heading":"Application of part 6 to cadet building certifier","content":"### sec.43 Application of part 6 to cadet building certifier\n\nA building certifier may, under part 6 , decide that a cadet building certifier is a competent person.\nHowever, a building certifier can not decide that a cadet building certifier is a competent person if the building certifier is—\nthe cadet building certifier’s supervising certifier; or\nthe cadet building certifier’s employer; or\nemployed by the same employer as the cadet building certifier.\n(sec.43-ssec.1) A building certifier may, under part 6 , decide that a cadet building certifier is a competent person.\n(sec.43-ssec.2) However, a building certifier can not decide that a cadet building certifier is a competent person if the building certifier is— the cadet building certifier’s supervising certifier; or the cadet building certifier’s employer; or employed by the same employer as the cadet building certifier.\n- (a) the cadet building certifier’s supervising certifier; or\n- (b) the cadet building certifier’s employer; or\n- (c) employed by the same employer as the cadet building certifier.","sortOrder":55},{"sectionNumber":"pt.8","sectionType":"part","heading":"Inspections of assessable building work","content":"# Inspections of assessable building work","sortOrder":56},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Building certifier inspections","content":"## Building certifier inspections","sortOrder":57},{"sectionNumber":"sec.44","sectionType":"section","heading":"Stages of assessable building work— Act , schedule 2 , definition stage","content":"### sec.44 Stages of assessable building work— Act , schedule 2 , definition stage\n\nFor schedule 2 of the Act , definition stage , the following stages of assessable building work are prescribed—\nall stages at which the building development approval states the work must be inspected;\nif the work is the construction of a single detached class 1a building, the following stages—\nafter excavation of foundation material and before the concrete for the footings, or slab, for the building are poured;\nif the building is to have footings—after the placement of formwork and reinforcement for the footings but before the concrete for the footings is poured;\nif the building is to have a slab—after the placement of formwork and reinforcement for the slab but before the concrete for the slab is poured;\nto the extent the bracing for the frame of the building consists of cladding or lining—after the cladding or lining is fixed to the frame;\nto the extent the bracing for the frame of the building does not consist of cladding or lining—before the cladding or lining is fixed to the frame;\nif reinforced masonry construction is used for the frame of the building—before the wall cavities are filled;\nat the completion of all aspects of the work;\nif the work is an alteration to a single detached class 1a building—each stage mentioned in paragraph (b) that is relevant to the alteration;\nif the work is the construction of, or an alteration to, a class 10 building or structure, other than a swimming pool—the completion of the building or structure or the alteration;\nif the work is the construction of, or an alteration to, a swimming pool—\nfor the construction of a temporary fence for the pool—\non the completion of the construction of the temporary fence and before the pool is filled with water to a depth of 300mm or more; and\nif the building certifier for the work extends the period within which the temporary fence for the pool must be constructed—before the extension is given; and\nat the completion of the pool and its fencing and, if no temporary fence for the pool was constructed, before the pool is filled with water to a depth of 300mm or more.\nThe stages mentioned in subsection (1) (b) to (e) are prescribed for the work mentioned in those paragraphs in addition to the stages prescribed under subsection (1) (a) for the work.\nIn this section—\ntemporary fence means a temporary fence that complies with the QDC part 3.4 .\n(sec.44-ssec.1) For schedule 2 of the Act , definition stage , the following stages of assessable building work are prescribed— all stages at which the building development approval states the work must be inspected; if the work is the construction of a single detached class 1a building, the following stages— after excavation of foundation material and before the concrete for the footings, or slab, for the building are poured; if the building is to have footings—after the placement of formwork and reinforcement for the footings but before the concrete for the footings is poured; if the building is to have a slab—after the placement of formwork and reinforcement for the slab but before the concrete for the slab is poured; to the extent the bracing for the frame of the building consists of cladding or lining—after the cladding or lining is fixed to the frame; to the extent the bracing for the frame of the building does not consist of cladding or lining—before the cladding or lining is fixed to the frame; if reinforced masonry construction is used for the frame of the building—before the wall cavities are filled; at the completion of all aspects of the work; if the work is an alteration to a single detached class 1a building—each stage mentioned in paragraph (b) that is relevant to the alteration; if the work is the construction of, or an alteration to, a class 10 building or structure, other than a swimming pool—the completion of the building or structure or the alteration; if the work is the construction of, or an alteration to, a swimming pool— for the construction of a temporary fence for the pool— on the completion of the construction of the temporary fence and before the pool is filled with water to a depth of 300mm or more; and if the building certifier for the work extends the period within which the temporary fence for the pool must be constructed—before the extension is given; and at the completion of the pool and its fencing and, if no temporary fence for the pool was constructed, before the pool is filled with water to a depth of 300mm or more.\n(sec.44-ssec.2) The stages mentioned in subsection (1) (b) to (e) are prescribed for the work mentioned in those paragraphs in addition to the stages prescribed under subsection (1) (a) for the work.\n(sec.44-ssec.3) In this section— temporary fence means a temporary fence that complies with the QDC part 3.4 .\n- (a) all stages at which the building development approval states the work must be inspected;\n- (b) if the work is the construction of a single detached class 1a building, the following stages— (i) after excavation of foundation material and before the concrete for the footings, or slab, for the building are poured; (ii) if the building is to have footings—after the placement of formwork and reinforcement for the footings but before the concrete for the footings is poured; (iii) if the building is to have a slab—after the placement of formwork and reinforcement for the slab but before the concrete for the slab is poured; (iv) to the extent the bracing for the frame of the building consists of cladding or lining—after the cladding or lining is fixed to the frame; (v) to the extent the bracing for the frame of the building does not consist of cladding or lining—before the cladding or lining is fixed to the frame; (vi) if reinforced masonry construction is used for the frame of the building—before the wall cavities are filled; (vii) at the completion of all aspects of the work;\n- (i) after excavation of foundation material and before the concrete for the footings, or slab, for the building are poured;\n- (ii) if the building is to have footings—after the placement of formwork and reinforcement for the footings but before the concrete for the footings is poured;\n- (iii) if the building is to have a slab—after the placement of formwork and reinforcement for the slab but before the concrete for the slab is poured;\n- (iv) to the extent the bracing for the frame of the building consists of cladding or lining—after the cladding or lining is fixed to the frame;\n- (v) to the extent the bracing for the frame of the building does not consist of cladding or lining—before the cladding or lining is fixed to the frame;\n- (vi) if reinforced masonry construction is used for the frame of the building—before the wall cavities are filled;\n- (vii) at the completion of all aspects of the work;\n- (c) if the work is an alteration to a single detached class 1a building—each stage mentioned in paragraph (b) that is relevant to the alteration;\n- (d) if the work is the construction of, or an alteration to, a class 10 building or structure, other than a swimming pool—the completion of the building or structure or the alteration;\n- (e) if the work is the construction of, or an alteration to, a swimming pool— (i) for the construction of a temporary fence for the pool— (A) on the completion of the construction of the temporary fence and before the pool is filled with water to a depth of 300mm or more; and (B) if the building certifier for the work extends the period within which the temporary fence for the pool must be constructed—before the extension is given; and (ii) at the completion of the pool and its fencing and, if no temporary fence for the pool was constructed, before the pool is filled with water to a depth of 300mm or more.\n- (i) for the construction of a temporary fence for the pool— (A) on the completion of the construction of the temporary fence and before the pool is filled with water to a depth of 300mm or more; and (B) if the building certifier for the work extends the period within which the temporary fence for the pool must be constructed—before the extension is given; and\n- (A) on the completion of the construction of the temporary fence and before the pool is filled with water to a depth of 300mm or more; and\n- (B) if the building certifier for the work extends the period within which the temporary fence for the pool must be constructed—before the extension is given; and\n- (ii) at the completion of the pool and its fencing and, if no temporary fence for the pool was constructed, before the pool is filled with water to a depth of 300mm or more.\n- (i) after excavation of foundation material and before the concrete for the footings, or slab, for the building are poured;\n- (ii) if the building is to have footings—after the placement of formwork and reinforcement for the footings but before the concrete for the footings is poured;\n- (iii) if the building is to have a slab—after the placement of formwork and reinforcement for the slab but before the concrete for the slab is poured;\n- (iv) to the extent the bracing for the frame of the building consists of cladding or lining—after the cladding or lining is fixed to the frame;\n- (v) to the extent the bracing for the frame of the building does not consist of cladding or lining—before the cladding or lining is fixed to the frame;\n- (vi) if reinforced masonry construction is used for the frame of the building—before the wall cavities are filled;\n- (vii) at the completion of all aspects of the work;\n- (i) for the construction of a temporary fence for the pool— (A) on the completion of the construction of the temporary fence and before the pool is filled with water to a depth of 300mm or more; and (B) if the building certifier for the work extends the period within which the temporary fence for the pool must be constructed—before the extension is given; and\n- (A) on the completion of the construction of the temporary fence and before the pool is filled with water to a depth of 300mm or more; and\n- (B) if the building certifier for the work extends the period within which the temporary fence for the pool must be constructed—before the extension is given; and\n- (ii) at the completion of the pool and its fencing and, if no temporary fence for the pool was constructed, before the pool is filled with water to a depth of 300mm or more.\n- (A) on the completion of the construction of the temporary fence and before the pool is filled with water to a depth of 300mm or more; and\n- (B) if the building certifier for the work extends the period within which the temporary fence for the pool must be constructed—before the extension is given; and","sortOrder":58},{"sectionNumber":"sec.45","sectionType":"section","heading":"Local government may exempt particular assessable building work from particular stages of inspection","content":"### sec.45 Local government may exempt particular assessable building work from particular stages of inspection\n\nA local government may, by resolution, declare a locality or a type of building or structure in the locality exempt from inspection at a stage of assessable building work if the work—\nis, or is an alteration to, a single detached class 1a building or a class 10 building or structure; and\nis not for a swimming pool or fencing around the swimming pool.\nHowever, the resolution may be made only if the local government is satisfied the exemption will not adversely affect public safety.\n(sec.45-ssec.1) A local government may, by resolution, declare a locality or a type of building or structure in the locality exempt from inspection at a stage of assessable building work if the work— is, or is an alteration to, a single detached class 1a building or a class 10 building or structure; and is not for a swimming pool or fencing around the swimming pool.\n(sec.45-ssec.2) However, the resolution may be made only if the local government is satisfied the exemption will not adversely affect public safety.\n- (a) is, or is an alteration to, a single detached class 1a building or a class 10 building or structure; and\n- (b) is not for a swimming pool or fencing around the swimming pool.","sortOrder":59},{"sectionNumber":"sec.46","sectionType":"section","heading":"Who can sign particular certificates of inspection","content":"### sec.46 Who can sign particular certificates of inspection\n\nThis section applies for assessable building work for a single detached class 1a building or a class 10 building or structure.\nOnly the building certifier for the assessable building work, or another building certifier, may sign a certificate of inspection for the following stages—\nafter excavation of foundation material and before the concrete for the footings, or slab, for the building or structure is poured;\nif the building or structure is to have footings—after the placement of formwork and reinforcement for the footings but before the concrete for the footings is poured;\nif the building or structure is to have a slab—after the placement of formwork and reinforcement for the slab but before the concrete for the slab is poured;\nthe final stage of the work.\nHowever, nothing in subsection (2) restricts a competent person (inspection) who is not a building certifier from giving inspection help for an aspect of a stage mentioned in subsection (2) .\ns 46 amd 2022 SL No. 57 s 3\n(sec.46-ssec.1) This section applies for assessable building work for a single detached class 1a building or a class 10 building or structure.\n(sec.46-ssec.2) Only the building certifier for the assessable building work, or another building certifier, may sign a certificate of inspection for the following stages— after excavation of foundation material and before the concrete for the footings, or slab, for the building or structure is poured; if the building or structure is to have footings—after the placement of formwork and reinforcement for the footings but before the concrete for the footings is poured; if the building or structure is to have a slab—after the placement of formwork and reinforcement for the slab but before the concrete for the slab is poured; the final stage of the work.\n(sec.46-ssec.3) However, nothing in subsection (2) restricts a competent person (inspection) who is not a building certifier from giving inspection help for an aspect of a stage mentioned in subsection (2) .\n- (a) after excavation of foundation material and before the concrete for the footings, or slab, for the building or structure is poured;\n- (b) if the building or structure is to have footings—after the placement of formwork and reinforcement for the footings but before the concrete for the footings is poured;\n- (c) if the building or structure is to have a slab—after the placement of formwork and reinforcement for the slab but before the concrete for the slab is poured;\n- (d) the final stage of the work.","sortOrder":60},{"sectionNumber":"sec.47","sectionType":"section","heading":"Inspection guidelines","content":"### sec.47 Inspection guidelines\n\nThis section applies if, under section 258 of the Act , the chief executive makes guidelines about—\nthe aspects or items that make up the completion of assessable building work or a particular stage of assessable building work; and\nways of inspecting building work; and\nways of certifying building work.\nA person inspecting and certifying aspects of assessable building work is taken to have complied with this part if the person inspects and certifies the work under the guidelines made by the chief executive.\n(sec.47-ssec.1) This section applies if, under section 258 of the Act , the chief executive makes guidelines about— the aspects or items that make up the completion of assessable building work or a particular stage of assessable building work; and ways of inspecting building work; and ways of certifying building work.\n(sec.47-ssec.2) A person inspecting and certifying aspects of assessable building work is taken to have complied with this part if the person inspects and certifies the work under the guidelines made by the chief executive.\n- (a) the aspects or items that make up the completion of assessable building work or a particular stage of assessable building work; and\n- (b) ways of inspecting building work; and\n- (c) ways of certifying building work.","sortOrder":61},{"sectionNumber":"sec.48","sectionType":"section","heading":"Builder’s obligation to give notice for inspection at completion of stage","content":"### sec.48 Builder’s obligation to give notice for inspection at completion of stage\n\nThis section applies to a builder for assessable building work if the work has been carried out to the completion of a stage of the work, other than assessable building work exempt from inspection under section 45 .\nThe builder must ensure the building certifier for the work is given a notice (a notice for inspection ) claiming the stage has been completed.\nMaximum penalty—20 penalty units.\nThe notice for inspection may be given in writing or orally.\nIf the building certifier is a local government building certifier, subsection (2) may be complied with by giving the notice for inspection in writing to the local government.\n(sec.48-ssec.1) This section applies to a builder for assessable building work if the work has been carried out to the completion of a stage of the work, other than assessable building work exempt from inspection under section 45 .\n(sec.48-ssec.2) The builder must ensure the building certifier for the work is given a notice (a notice for inspection ) claiming the stage has been completed. Maximum penalty—20 penalty units.\n(sec.48-ssec.3) The notice for inspection may be given in writing or orally.\n(sec.48-ssec.4) If the building certifier is a local government building certifier, subsection (2) may be complied with by giving the notice for inspection in writing to the local government.","sortOrder":62},{"sectionNumber":"sec.49","sectionType":"section","heading":"Prohibition on further building work until certificate of inspection given","content":"### sec.49 Prohibition on further building work until certificate of inspection given\n\nThis section applies if a builder for assessable building work has given a notice for inspection to a building certifier for a stage of the work.\nThe builder must not start the next stage of the work until the builder has been given a certificate of inspection for the stage mentioned in subsection (1) stating that it complies with the building development approval.\nMaximum penalty—20 penalty units.\n(sec.49-ssec.1) This section applies if a builder for assessable building work has given a notice for inspection to a building certifier for a stage of the work.\n(sec.49-ssec.2) The builder must not start the next stage of the work until the builder has been given a certificate of inspection for the stage mentioned in subsection (1) stating that it complies with the building development approval. Maximum penalty—20 penalty units.","sortOrder":63},{"sectionNumber":"sec.50","sectionType":"section","heading":"Notifying QBCC if notice for inspection not given","content":"### sec.50 Notifying QBCC if notice for inspection not given\n\nThis section applies if—\na builder for assessable building work is a licensed builder; and\nthe builder does not give a notice for inspection for a stage of the work.\nThe building certifier for the work must, as soon as practicable after becoming aware that the builder did not give the notice for inspection to the building certifier, give QBCC a notice stating that the notice for inspection was not given.\n(sec.50-ssec.1) This section applies if— a builder for assessable building work is a licensed builder; and the builder does not give a notice for inspection for a stage of the work.\n(sec.50-ssec.2) The building certifier for the work must, as soon as practicable after becoming aware that the builder did not give the notice for inspection to the building certifier, give QBCC a notice stating that the notice for inspection was not given.\n- (a) a builder for assessable building work is a licensed builder; and\n- (b) the builder does not give a notice for inspection for a stage of the work.","sortOrder":64},{"sectionNumber":"sec.51","sectionType":"section","heading":"Arranging inspection","content":"### sec.51 Arranging inspection\n\nThis section applies if a building certifier for assessable building work (the relevant certifier ) receives a notice for inspection for a stage of the work.\nThe relevant certifier must ensure the stage of the assessable building work is, at a time agreed by the builder for the work, inspected by one of the following persons (each an inspecting person )—\nthe relevant certifier or another building certifier;\na competent person (inspection) if—\nthe relevant certifier has decided the competent person may carry out the inspection; and\nthe competent person may, under this regulation, give a certificate of inspection for the work.\nMaximum penalty—20 penalty units.\nThe inspecting person must not unreasonably refuse to inspect the stage of the assessable building work at the time agreed under subsection (2) .\n(sec.51-ssec.1) This section applies if a building certifier for assessable building work (the relevant certifier ) receives a notice for inspection for a stage of the work.\n(sec.51-ssec.2) The relevant certifier must ensure the stage of the assessable building work is, at a time agreed by the builder for the work, inspected by one of the following persons (each an inspecting person )— the relevant certifier or another building certifier; a competent person (inspection) if— the relevant certifier has decided the competent person may carry out the inspection; and the competent person may, under this regulation, give a certificate of inspection for the work. Maximum penalty—20 penalty units.\n(sec.51-ssec.3) The inspecting person must not unreasonably refuse to inspect the stage of the assessable building work at the time agreed under subsection (2) .\n- (a) the relevant certifier or another building certifier;\n- (b) a competent person (inspection) if— (i) the relevant certifier has decided the competent person may carry out the inspection; and (ii) the competent person may, under this regulation, give a certificate of inspection for the work.\n- (i) the relevant certifier has decided the competent person may carry out the inspection; and\n- (ii) the competent person may, under this regulation, give a certificate of inspection for the work.\n- (i) the relevant certifier has decided the competent person may carry out the inspection; and\n- (ii) the competent person may, under this regulation, give a certificate of inspection for the work.","sortOrder":65},{"sectionNumber":"sec.52","sectionType":"section","heading":"Inspection procedure","content":"### sec.52 Inspection procedure\n\nThis section applies if an inspecting person inspects a stage of assessable building work.\nThe inspecting person must inspect the stage of the assessable building work stated in a notice for inspection to ensure the aspects of the stage under the building development approval have been completed and comply with the approval.\nThe inspection must be carried out in accordance with best industry practice.\nUnder section 47 the chief executive may make guidelines about ways of inspecting and certifying building work.\nHowever, subject to subsection (5) , the inspecting person may accept and rely on an aspect inspection certificate, or a QBCC licensee certificate, for each aspect of the stage of the assessable building work without inspecting the work under subsection (2) .\nFor a single detached class 1a building or a class 10 building or structure, the inspecting person must not accept an aspect inspection certificate for all aspects of the final stage.\ns 52 amd 2022 SL No. 57 s 4\n(sec.52-ssec.1) This section applies if an inspecting person inspects a stage of assessable building work.\n(sec.52-ssec.2) The inspecting person must inspect the stage of the assessable building work stated in a notice for inspection to ensure the aspects of the stage under the building development approval have been completed and comply with the approval.\n(sec.52-ssec.3) The inspection must be carried out in accordance with best industry practice. Under section 47 the chief executive may make guidelines about ways of inspecting and certifying building work.\n(sec.52-ssec.4) However, subject to subsection (5) , the inspecting person may accept and rely on an aspect inspection certificate, or a QBCC licensee certificate, for each aspect of the stage of the assessable building work without inspecting the work under subsection (2) .\n(sec.52-ssec.5) For a single detached class 1a building or a class 10 building or structure, the inspecting person must not accept an aspect inspection certificate for all aspects of the final stage.","sortOrder":66},{"sectionNumber":"sec.53","sectionType":"section","heading":"Certificate of inspection","content":"### sec.53 Certificate of inspection\n\nThis section applies if an inspecting person—\nhas complied with section 52 for a stage of assessable building work; and\nis satisfied all relevant aspects of the stage have been completed and comply with the building development approval for the work.\nThe inspecting person must give the builder for the stage of the assessable building work a certificate (a certificate of inspection )—\nin the approved form; and\nsigned by the inspecting person; and\nstating—\nthe reasons the inspecting person is satisfied all relevant aspects of the stage have been completed and comply with the building development approval for the work; and\nthe extent to which the inspecting person has relied on tests, specifications, rules, standards, codes of practice or other publications.\nIf the stage is the final stage, 2 certificates must be given—the certificate of inspection for the final stage and, if particular requirements under the Act are complied with, a final inspection certificate to the owner of the building.\nFor final inspection certificates and the giving of inspection documentation see chapter 5 , part 1 and section 124 of the Act .\n(sec.53-ssec.1) This section applies if an inspecting person— has complied with section 52 for a stage of assessable building work; and is satisfied all relevant aspects of the stage have been completed and comply with the building development approval for the work.\n(sec.53-ssec.2) The inspecting person must give the builder for the stage of the assessable building work a certificate (a certificate of inspection )— in the approved form; and signed by the inspecting person; and stating— the reasons the inspecting person is satisfied all relevant aspects of the stage have been completed and comply with the building development approval for the work; and the extent to which the inspecting person has relied on tests, specifications, rules, standards, codes of practice or other publications. If the stage is the final stage, 2 certificates must be given—the certificate of inspection for the final stage and, if particular requirements under the Act are complied with, a final inspection certificate to the owner of the building. For final inspection certificates and the giving of inspection documentation see chapter 5 , part 1 and section 124 of the Act .\n- (a) has complied with section 52 for a stage of assessable building work; and\n- (b) is satisfied all relevant aspects of the stage have been completed and comply with the building development approval for the work.\n- (a) in the approved form; and\n- (b) signed by the inspecting person; and\n- (c) stating— (i) the reasons the inspecting person is satisfied all relevant aspects of the stage have been completed and comply with the building development approval for the work; and (ii) the extent to which the inspecting person has relied on tests, specifications, rules, standards, codes of practice or other publications.\n- (i) the reasons the inspecting person is satisfied all relevant aspects of the stage have been completed and comply with the building development approval for the work; and\n- (ii) the extent to which the inspecting person has relied on tests, specifications, rules, standards, codes of practice or other publications.\n- (i) the reasons the inspecting person is satisfied all relevant aspects of the stage have been completed and comply with the building development approval for the work; and\n- (ii) the extent to which the inspecting person has relied on tests, specifications, rules, standards, codes of practice or other publications.\n- 1 If the stage is the final stage, 2 certificates must be given—the certificate of inspection for the final stage and, if particular requirements under the Act are complied with, a final inspection certificate to the owner of the building.\n- 2 For final inspection certificates and the giving of inspection documentation see chapter 5 , part 1 and section 124 of the Act .","sortOrder":67},{"sectionNumber":"sec.54","sectionType":"section","heading":"Noncompliance notice","content":"### sec.54 Noncompliance notice\n\nThis section applies if an inspecting person—\nhas complied with section 52 for a stage of assessable building work; and\nis not satisfied all relevant aspects of the stage have been completed and comply with the building development approval for the work.\nIf the inspecting person is a building certifier, the inspecting person must give the builder for the assessable building work a notice in the approved form (a noncompliance notice ) stating—\nthe stage of the work does not comply with the building development approval; and\nhow the stage does not comply with the approval; and\nthe work required to ensure the stage complies with the approval.\nIf the inspecting person is a competent person (inspection), the inspecting person must give the builder and the building certifier for the assessable building work a notice—\nin the approved form; and\nstating—\nthe stage of the work does not comply with the building development approval; and\nhow the stage does not comply with the approval.\nIf the building certifier is given a notice under subsection (3) the certifier must—\nif the building certifier is not satisfied the stage complies with the building development approval for the work—give the builder a noncompliance notice; or\nif the building certifier is satisfied the stage complies with the building development approval for the work—give the builder a certificate of inspection for the work.\n(sec.54-ssec.1) This section applies if an inspecting person— has complied with section 52 for a stage of assessable building work; and is not satisfied all relevant aspects of the stage have been completed and comply with the building development approval for the work.\n(sec.54-ssec.2) If the inspecting person is a building certifier, the inspecting person must give the builder for the assessable building work a notice in the approved form (a noncompliance notice ) stating— the stage of the work does not comply with the building development approval; and how the stage does not comply with the approval; and the work required to ensure the stage complies with the approval.\n(sec.54-ssec.3) If the inspecting person is a competent person (inspection), the inspecting person must give the builder and the building certifier for the assessable building work a notice— in the approved form; and stating— the stage of the work does not comply with the building development approval; and how the stage does not comply with the approval.\n(sec.54-ssec.4) If the building certifier is given a notice under subsection (3) the certifier must— if the building certifier is not satisfied the stage complies with the building development approval for the work—give the builder a noncompliance notice; or if the building certifier is satisfied the stage complies with the building development approval for the work—give the builder a certificate of inspection for the work.\n- (a) has complied with section 52 for a stage of assessable building work; and\n- (b) is not satisfied all relevant aspects of the stage have been completed and comply with the building development approval for the work.\n- (a) the stage of the work does not comply with the building development approval; and\n- (b) how the stage does not comply with the approval; and\n- (c) the work required to ensure the stage complies with the approval.\n- (a) in the approved form; and\n- (b) stating— (i) the stage of the work does not comply with the building development approval; and (ii) how the stage does not comply with the approval.\n- (i) the stage of the work does not comply with the building development approval; and\n- (ii) how the stage does not comply with the approval.\n- (i) the stage of the work does not comply with the building development approval; and\n- (ii) how the stage does not comply with the approval.\n- (a) if the building certifier is not satisfied the stage complies with the building development approval for the work—give the builder a noncompliance notice; or\n- (b) if the building certifier is satisfied the stage complies with the building development approval for the work—give the builder a certificate of inspection for the work.","sortOrder":68},{"sectionNumber":"sec.55","sectionType":"section","heading":"Builder’s obligation to ensure stage complies with development approval","content":"### sec.55 Builder’s obligation to ensure stage complies with development approval\n\nIf a builder for assessable building work is given a noncompliance notice for a stage, the builder must—\nperform the work, as stated in the notice, required to ensure the stage complies with the building development approval; and\nafter complying with paragraph (a) —give the building certifier a notice for inspection for the stage.\nFor the relevant appeal right, see the Planning Act , chapter 6 , part 1 and schedule 1 .\n- (a) perform the work, as stated in the notice, required to ensure the stage complies with the building development approval; and\n- (b) after complying with paragraph (a) —give the building certifier a notice for inspection for the stage.","sortOrder":69},{"sectionNumber":"sec.56","sectionType":"section","heading":"Consequences of builder not complying with obligation","content":"### sec.56 Consequences of builder not complying with obligation\n\nThis section applies if a builder for assessable building work does not comply with section 55 .\nIf the noncompliance notice was given to the builder by the building certifier for the work, the issuing authority must take enforcement action against the builder.\nIf the issuing authority gives the builder an enforcement notice and the builder does not comply with the notice—\nif the issuing authority is a local government—the local government must notify the QBCC of the builder’s non-compliance with the enforcement notice; or\nif the issuing authority is a private certifier (class A)—the certifier must notify the QBCC and the local government of the builder’s non-compliance with the enforcement notice.\nIn this section—\nissuing authority means the person who issued the building development approval.\n(sec.56-ssec.1) This section applies if a builder for assessable building work does not comply with section 55 .\n(sec.56-ssec.2) If the noncompliance notice was given to the builder by the building certifier for the work, the issuing authority must take enforcement action against the builder.\n(sec.56-ssec.3) If the issuing authority gives the builder an enforcement notice and the builder does not comply with the notice— if the issuing authority is a local government—the local government must notify the QBCC of the builder’s non-compliance with the enforcement notice; or if the issuing authority is a private certifier (class A)—the certifier must notify the QBCC and the local government of the builder’s non-compliance with the enforcement notice.\n(sec.56-ssec.4) In this section— issuing authority means the person who issued the building development approval.\n- (a) if the issuing authority is a local government—the local government must notify the QBCC of the builder’s non-compliance with the enforcement notice; or\n- (b) if the issuing authority is a private certifier (class A)—the certifier must notify the QBCC and the local government of the builder’s non-compliance with the enforcement notice.","sortOrder":70},{"sectionNumber":"sec.57","sectionType":"section","heading":"Application of subdivision ","content":"### sec.57 Application of subdivision \n\nThis subdivision applies if—\na building development approval is given for pool work; and\nthe relevant entity for the pool work is not given a notice for inspection for the final stage of the pool work by the inspection day.\nIn this section—\nrelevant entity , for the pool work, means—\nthe building certifier for the pool work; or\nif the building certifier for the pool work is a local government building certifier—the local government.\n(sec.57-ssec.1) This subdivision applies if— a building development approval is given for pool work; and the relevant entity for the pool work is not given a notice for inspection for the final stage of the pool work by the inspection day.\n(sec.57-ssec.2) In this section— relevant entity , for the pool work, means— the building certifier for the pool work; or if the building certifier for the pool work is a local government building certifier—the local government.\n- (a) a building development approval is given for pool work; and\n- (b) the relevant entity for the pool work is not given a notice for inspection for the final stage of the pool work by the inspection day.\n- (a) the building certifier for the pool work; or\n- (b) if the building certifier for the pool work is a local government building certifier—the local government.","sortOrder":71},{"sectionNumber":"sec.58","sectionType":"section","heading":"Definitions for subdivision","content":"### sec.58 Definitions for subdivision\n\nIn this subdivision—\ninspection day means—\nfor a building development approval that is only for the pool work—the earlier of the following days—\nthe day that is 6 months after the building development approval is given;\nthe day that is 2 weeks before the building development approval lapses; or\nfor a building development approval that includes work that is the construction of, or alteration to, a class 1 building or class 2 building—the earlier of the following days—\nthe day that is 2 years after the building development approval is given;\nthe day that is 2 weeks before the building development approval lapses.\npool work means building work that is the construction of, or alteration to, a regulated pool or its fencing.\nrelevant land means the land on which the regulated pool or its fencing is, or is intended to be, constructed.\n- (a) for a building development approval that is only for the pool work—the earlier of the following days— (i) the day that is 6 months after the building development approval is given; (ii) the day that is 2 weeks before the building development approval lapses; or\n- (i) the day that is 6 months after the building development approval is given;\n- (ii) the day that is 2 weeks before the building development approval lapses; or\n- (b) for a building development approval that includes work that is the construction of, or alteration to, a class 1 building or class 2 building—the earlier of the following days— (i) the day that is 2 years after the building development approval is given; (ii) the day that is 2 weeks before the building development approval lapses.\n- (i) the day that is 2 years after the building development approval is given;\n- (ii) the day that is 2 weeks before the building development approval lapses.\n- (i) the day that is 6 months after the building development approval is given;\n- (ii) the day that is 2 weeks before the building development approval lapses; or\n- (i) the day that is 2 years after the building development approval is given;\n- (ii) the day that is 2 weeks before the building development approval lapses.","sortOrder":72},{"sectionNumber":"sec.59","sectionType":"section","heading":"Building certifier’s obligation to inspect","content":"### sec.59 Building certifier’s obligation to inspect\n\nSubject to section 61 , a building certifier for pool work must, unless the certifier has a reasonable excuse, inspect, or ensure another building certifier inspects the pool work as soon as practicable after the inspection day and before the building development approval lapses.\nthe building certifier is refused access to the premises on which the pool work is being carried out\nMaximum penalty—50 penalty units.\nThe building certifier who carries out the inspection of the pool work (the inspecting certifier ) must carry out the inspection in accordance with best industry practice.\n(sec.59-ssec.1) Subject to section 61 , a building certifier for pool work must, unless the certifier has a reasonable excuse, inspect, or ensure another building certifier inspects the pool work as soon as practicable after the inspection day and before the building development approval lapses. the building certifier is refused access to the premises on which the pool work is being carried out Maximum penalty—50 penalty units.\n(sec.59-ssec.2) The building certifier who carries out the inspection of the pool work (the inspecting certifier ) must carry out the inspection in accordance with best industry practice.","sortOrder":73},{"sectionNumber":"sec.60","sectionType":"section","heading":"Obligations after inspection","content":"### sec.60 Obligations after inspection\n\nIf an inspecting certifier is satisfied all relevant aspects of the final stage of pool work under the building development approval have been completed and comply with the approval, the inspecting certifier must give the builder for the work a certificate of inspection for the stage.\nIf the stage of the pool work has been completed and the inspecting certifier is not satisfied the stage complies with the building development approval, the inspecting certifier must give the builder for the work a noncompliance notice for the stage.\nIf the occupier of the premises on the relevant land or the builder for the pool work refuses to allow the inspecting certifier to enter the relevant land to carry out the inspection, the inspecting certifier must within 2 business days after the refusal, give the local government notice of the refusal.\nHowever, subsection (3) does not apply if the inspecting certifier is a local government building certifier.\n(sec.60-ssec.1) If an inspecting certifier is satisfied all relevant aspects of the final stage of pool work under the building development approval have been completed and comply with the approval, the inspecting certifier must give the builder for the work a certificate of inspection for the stage.\n(sec.60-ssec.2) If the stage of the pool work has been completed and the inspecting certifier is not satisfied the stage complies with the building development approval, the inspecting certifier must give the builder for the work a noncompliance notice for the stage.\n(sec.60-ssec.3) If the occupier of the premises on the relevant land or the builder for the pool work refuses to allow the inspecting certifier to enter the relevant land to carry out the inspection, the inspecting certifier must within 2 business days after the refusal, give the local government notice of the refusal.\n(sec.60-ssec.4) However, subsection (3) does not apply if the inspecting certifier is a local government building certifier.","sortOrder":74},{"sectionNumber":"sec.61","sectionType":"section","heading":"Delaying inspection in particular circumstances","content":"### sec.61 Delaying inspection in particular circumstances\n\nA builder for pool work may, before the inspection day, give the building certifier for the pool work a notice (a deferral notice ) asking the building certifier to inspect the pool work on a day that is later than the inspection day (the later inspection day ).\nThe later inspection day must be before the building development approval lapses.\nIf the building certifier is a local government building certifier, the deferral notice may be given under subsection (1) by giving it to the local government.\nIf the building certifier receives a deferral notice, the building certifier is not required to inspect the pool work before the later inspection day.\nAlso, if the building certifier receives a deferral notice the building certifier must, unless the building certifier has a reasonable excuse, inspect, or ensure another building certifier inspects the pool work before the building development approval lapses.\nMaximum penalty—50 penalty units.\nSections 59 (2) and 60 apply in relation to an inspection mentioned in subsection (5) .\n(sec.61-ssec.1) A builder for pool work may, before the inspection day, give the building certifier for the pool work a notice (a deferral notice ) asking the building certifier to inspect the pool work on a day that is later than the inspection day (the later inspection day ).\n(sec.61-ssec.2) The later inspection day must be before the building development approval lapses.\n(sec.61-ssec.3) If the building certifier is a local government building certifier, the deferral notice may be given under subsection (1) by giving it to the local government.\n(sec.61-ssec.4) If the building certifier receives a deferral notice, the building certifier is not required to inspect the pool work before the later inspection day.\n(sec.61-ssec.5) Also, if the building certifier receives a deferral notice the building certifier must, unless the building certifier has a reasonable excuse, inspect, or ensure another building certifier inspects the pool work before the building development approval lapses. Maximum penalty—50 penalty units.\n(sec.61-ssec.6) Sections 59 (2) and 60 apply in relation to an inspection mentioned in subsection (5) .","sortOrder":75},{"sectionNumber":"sec.62","sectionType":"section","heading":"Inspections may be conducted without notice being given","content":"### sec.62 Inspections may be conducted without notice being given\n\nThe giving of a notice under this division about a stage of assessable building work does not prevent any of the following persons from inspecting any aspect of another stage of the work—\nthe building certifier for the work;\nanother building certifier;\na competent person (inspection) that the building certifier for the work has decided may carry out the inspection.\nSubsection (1) applies whether or not a notice for inspection has been given for the other stage of the work.\n(sec.62-ssec.1) The giving of a notice under this division about a stage of assessable building work does not prevent any of the following persons from inspecting any aspect of another stage of the work— the building certifier for the work; another building certifier; a competent person (inspection) that the building certifier for the work has decided may carry out the inspection.\n(sec.62-ssec.2) Subsection (1) applies whether or not a notice for inspection has been given for the other stage of the work.\n- (a) the building certifier for the work;\n- (b) another building certifier;\n- (c) a competent person (inspection) that the building certifier for the work has decided may carry out the inspection.","sortOrder":76},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Referral agency inspections","content":"## Referral agency inspections","sortOrder":77},{"sectionNumber":"sec.63","sectionType":"section","heading":"Application of division","content":"### sec.63 Application of division\n\nThis division applies if—\nan entity was, for a building development application, a referral agency for aspects of the building work (the referral agency aspects ); and\nthe building development approval for the application is granted; and\na condition of the approval requires the builder for the work to give the agency a notice to inspect the work to ensure the referral agency aspects comply with the approval.\n- (a) an entity was, for a building development application, a referral agency for aspects of the building work (the referral agency aspects ); and\n- (b) the building development approval for the application is granted; and\n- (c) a condition of the approval requires the builder for the work to give the agency a notice to inspect the work to ensure the referral agency aspects comply with the approval.","sortOrder":78},{"sectionNumber":"sec.64","sectionType":"section","heading":"Notice to referral agency to inspect","content":"### sec.64 Notice to referral agency to inspect\n\nThis section—\napplies to a builder for building work for which a notice to inspect must be given to a referral agency under a condition of the building development approval; but\ndoes not apply in relation to building work the subject of a building development approval to which section 74 of the Act applies.\nThe builder for the building work must—\ngive the referral agency a notice to inspect the building work under the approval; and\ngive a copy of the notice to the building certifier.\n(sec.64-ssec.1) This section— applies to a builder for building work for which a notice to inspect must be given to a referral agency under a condition of the building development approval; but does not apply in relation to building work the subject of a building development approval to which section 74 of the Act applies.\n(sec.64-ssec.2) The builder for the building work must— give the referral agency a notice to inspect the building work under the approval; and give a copy of the notice to the building certifier.\n- (a) applies to a builder for building work for which a notice to inspect must be given to a referral agency under a condition of the building development approval; but\n- (b) does not apply in relation to building work the subject of a building development approval to which section 74 of the Act applies.\n- (a) give the referral agency a notice to inspect the building work under the approval; and\n- (b) give a copy of the notice to the building certifier.","sortOrder":79},{"sectionNumber":"sec.65","sectionType":"section","heading":"Referral agency’s decision about inspection","content":"### sec.65 Referral agency’s decision about inspection\n\nThis section applies if a referral agency receives—\na notice to inspect under section 64 (2) ; or\na notice to inspect the installation of, or test, a special fire service under section 74 (2) of the Act .\nIf the referral agency decides to not inspect the building work or inspect or test the special fire service the agency must, within 5 business days after receiving the notice, give the builder and the building certifier a notice stating it will not inspect the building work or inspect or test the service.\nIf the referral agency decides to inspect the building work or inspect or test the service the agency must, within 15 business days after receiving the notice—\ninspect the work or inspect or test the service; and\ngive the builder and the building certifier a notice stating—\nthe referral agency aspects comply with the building development approval; or\nthe referral agency aspects do not comply with the approval, and the reasons why they do not comply.\nIf the building certifier is a local government building certifier, subsection (2) or (3) (b) may be complied with by giving the notice to the local government.\n(sec.65-ssec.1) This section applies if a referral agency receives— a notice to inspect under section 64 (2) ; or a notice to inspect the installation of, or test, a special fire service under section 74 (2) of the Act .\n(sec.65-ssec.2) If the referral agency decides to not inspect the building work or inspect or test the special fire service the agency must, within 5 business days after receiving the notice, give the builder and the building certifier a notice stating it will not inspect the building work or inspect or test the service.\n(sec.65-ssec.3) If the referral agency decides to inspect the building work or inspect or test the service the agency must, within 15 business days after receiving the notice— inspect the work or inspect or test the service; and give the builder and the building certifier a notice stating— the referral agency aspects comply with the building development approval; or the referral agency aspects do not comply with the approval, and the reasons why they do not comply.\n(sec.65-ssec.4) If the building certifier is a local government building certifier, subsection (2) or (3) (b) may be complied with by giving the notice to the local government.\n- (a) a notice to inspect under section 64 (2) ; or\n- (b) a notice to inspect the installation of, or test, a special fire service under section 74 (2) of the Act .\n- (a) inspect the work or inspect or test the service; and\n- (b) give the builder and the building certifier a notice stating— (i) the referral agency aspects comply with the building development approval; or (ii) the referral agency aspects do not comply with the approval, and the reasons why they do not comply.\n- (i) the referral agency aspects comply with the building development approval; or\n- (ii) the referral agency aspects do not comply with the approval, and the reasons why they do not comply.\n- (i) the referral agency aspects comply with the building development approval; or\n- (ii) the referral agency aspects do not comply with the approval, and the reasons why they do not comply.","sortOrder":80},{"sectionNumber":"sec.66","sectionType":"section","heading":"Responding to notice given by referral agency","content":"### sec.66 Responding to notice given by referral agency\n\nThe building certifier must, in performing functions under the Act for the building work, accept the statement made in a notice given under section 65 (3) (b) .\nHowever, subsection (1) does not apply if the building certifier—\ndisagrees with the decision stated in the notice; and\nwithin 5 business days after receiving the notice, the certifier gives the referral agency an information notice about the certifier’s disagreement.\nFor the relevant appeal right see the Planning Act , chapter 6 , part 1 and schedule 1 .\n(sec.66-ssec.1) The building certifier must, in performing functions under the Act for the building work, accept the statement made in a notice given under section 65 (3) (b) .\n(sec.66-ssec.2) However, subsection (1) does not apply if the building certifier— disagrees with the decision stated in the notice; and within 5 business days after receiving the notice, the certifier gives the referral agency an information notice about the certifier’s disagreement. For the relevant appeal right see the Planning Act , chapter 6 , part 1 and schedule 1 .\n- (a) disagrees with the decision stated in the notice; and\n- (b) within 5 business days after receiving the notice, the certifier gives the referral agency an information notice about the certifier’s disagreement.","sortOrder":81},{"sectionNumber":"sec.67","sectionType":"section","heading":"If notice not given by referral agency","content":"### sec.67 If notice not given by referral agency\n\nIf the referral agency does not give a building certifier a notice under section 65 (3) (b) within the relevant period for the notice, the referral agency aspects are taken to comply with the building development approval.\nIn this section—\nrelevant period means—\n15 business days after the agency receives the notice to inspect; or\nif, within the 15 days mentioned in paragraph (a) , the referral agency and the building certifier agree on a longer period—the longer period.\n(sec.67-ssec.1) If the referral agency does not give a building certifier a notice under section 65 (3) (b) within the relevant period for the notice, the referral agency aspects are taken to comply with the building development approval.\n(sec.67-ssec.2) In this section— relevant period means— 15 business days after the agency receives the notice to inspect; or if, within the 15 days mentioned in paragraph (a) , the referral agency and the building certifier agree on a longer period—the longer period.\n- (a) 15 business days after the agency receives the notice to inspect; or\n- (b) if, within the 15 days mentioned in paragraph (a) , the referral agency and the building certifier agree on a longer period—the longer period.","sortOrder":82},{"sectionNumber":"pt.9","sectionType":"part","heading":"Certificates","content":"# Certificates","sortOrder":83},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"QBCC licensee certificates","content":"## QBCC licensee certificates","sortOrder":84},{"sectionNumber":"sec.68","sectionType":"section","heading":"Application of division","content":"### sec.68 Application of division\n\nThis division applies if—\nbuilding work is for a single detached class 1a building or a class 10 building or structure; and\nif work (the aspect work ) is carried out for an aspect of the building work; and\nwaterproofing\neither—\nthe aspect work is carried out by a QBCC licensee; or\na QBCC licensee may give a QBCC licensee certificate for the aspect work.\n- (a) building work is for a single detached class 1a building or a class 10 building or structure; and\n- (b) if work (the aspect work ) is carried out for an aspect of the building work; and Example of aspect work— waterproofing\n- (c) either— (i) the aspect work is carried out by a QBCC licensee; or (ii) a QBCC licensee may give a QBCC licensee certificate for the aspect work.\n- (i) the aspect work is carried out by a QBCC licensee; or\n- (ii) a QBCC licensee may give a QBCC licensee certificate for the aspect work.\n- (i) the aspect work is carried out by a QBCC licensee; or\n- (ii) a QBCC licensee may give a QBCC licensee certificate for the aspect work.","sortOrder":85},{"sectionNumber":"sec.69","sectionType":"section","heading":"Definitions for division","content":"### sec.69 Definitions for division\n\nIn this division—\nQBCC licensee , for aspect work, means either—\na person who, when the person carries out the aspect work, holds a licence of an appropriate class under the QBCC Regulation for the aspect work; or\nfor waterproofing—a waterproofing licence under the QBCC Regulation , schedule 2 , part 60\na person, other than a person mentioned in paragraph (a) , who may, under the QBCC Regulation , give a QBCC licensee certificate for the aspect work.\nQBCC Regulation means the Queensland Building and Construction Commission Regulation 2018 .\n- (a) a person who, when the person carries out the aspect work, holds a licence of an appropriate class under the QBCC Regulation for the aspect work; or Example of a licence of an appropriate class— for waterproofing—a waterproofing licence under the QBCC Regulation , schedule 2 , part 60\n- (b) a person, other than a person mentioned in paragraph (a) , who may, under the QBCC Regulation , give a QBCC licensee certificate for the aspect work.","sortOrder":86},{"sectionNumber":"sec.70","sectionType":"section","heading":"QBCC licensee certificate","content":"### sec.70 QBCC licensee certificate\n\nA QBCC licensee may, for building work—\nif the work is subject to a building development approval—\ngive a certificate (a QBCC licensee certificate ) to the building certifier for the work stating the aspect work complies with the approval; and\ngive a competent person (inspection) a certificate (also a QBCC licensee certificate ) stating the aspect work complies with the approval; or\nif building work is accepted development (self assessable)—give the builder for the building work or the owner of the building a certificate (also a QBCC licensee certificate ) stating the aspect work complies with the relevant provisions.\nA QBCC licensee certificate must be in the approved form.\nIn this section—\nrelevant provisions see section 21 (5) of the Act .\n(sec.70-ssec.1) A QBCC licensee may, for building work— if the work is subject to a building development approval— give a certificate (a QBCC licensee certificate ) to the building certifier for the work stating the aspect work complies with the approval; and give a competent person (inspection) a certificate (also a QBCC licensee certificate ) stating the aspect work complies with the approval; or if building work is accepted development (self assessable)—give the builder for the building work or the owner of the building a certificate (also a QBCC licensee certificate ) stating the aspect work complies with the relevant provisions.\n(sec.70-ssec.2) A QBCC licensee certificate must be in the approved form.\n(sec.70-ssec.3) In this section— relevant provisions see section 21 (5) of the Act .\n- (a) if the work is subject to a building development approval— (i) give a certificate (a QBCC licensee certificate ) to the building certifier for the work stating the aspect work complies with the approval; and (ii) give a competent person (inspection) a certificate (also a QBCC licensee certificate ) stating the aspect work complies with the approval; or\n- (i) give a certificate (a QBCC licensee certificate ) to the building certifier for the work stating the aspect work complies with the approval; and\n- (ii) give a competent person (inspection) a certificate (also a QBCC licensee certificate ) stating the aspect work complies with the approval; or\n- (b) if building work is accepted development (self assessable)—give the builder for the building work or the owner of the building a certificate (also a QBCC licensee certificate ) stating the aspect work complies with the relevant provisions.\n- (i) give a certificate (a QBCC licensee certificate ) to the building certifier for the work stating the aspect work complies with the approval; and\n- (ii) give a competent person (inspection) a certificate (also a QBCC licensee certificate ) stating the aspect work complies with the approval; or","sortOrder":87},{"sectionNumber":"sec.71","sectionType":"section","heading":"QBCC licensee must not give false or misleading QBCC licensee certificate","content":"### sec.71 QBCC licensee must not give false or misleading QBCC licensee certificate\n\nA QBCC licensee must not give a QBCC licensee certificate the licensee knows, or reasonably suspects, is false or misleading in a material particular.\nMaximum penalty—100 penalty units.","sortOrder":88},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Competent person certificates","content":"## Competent person certificates","sortOrder":89},{"sectionNumber":"sec.72","sectionType":"section","heading":"Definitions for division","content":"### sec.72 Definitions for division\n\nIn this division—\naspect inspection certificate see section 74 (1) .\ncompetent person certificate means—\nan aspect inspection certificate; or\na design-specification certificate.\ndesign-specification certificate see section 73 .\n- (a) an aspect inspection certificate; or\n- (b) a design-specification certificate.","sortOrder":90},{"sectionNumber":"sec.73","sectionType":"section","heading":"Design-specification certificate","content":"### sec.73 Design-specification certificate\n\nA competent person (design-specification) may, for an aspect of building work, give a building certifier a certificate (a design-specification certificate ) that states a building design or specification will, if installed or carried out under the certificate, comply with the building assessment provisions.","sortOrder":91},{"sectionNumber":"sec.74","sectionType":"section","heading":"Aspect inspection certificate","content":"### sec.74 Aspect inspection certificate\n\nA competent person (inspection) for assessable building work may give the building certifier for the work a certificate (an aspect inspection certificate ) for an aspect of the work if—\nthe competent person (inspection) inspects the aspect of the work; and\nthe competent person is satisfied that the aspect of the work has been completed and complies with the building development approval.\nThe inspection under subsection (1) (a) must be carried out in accordance with best industry practice.\nHowever, a competent person (inspection) must not give an aspect inspection certificate for an aspect of assessable building work for a single detached class 1a building, unless—\nif the certificate is for the boundary clearances aspect of the building—the competent person (inspection) is a cadastral surveyor; or\nif the certificate is for the reinforcement of footing system aspect of the building—the competent person (inspection) is a registered professional engineer.\nIn this section—\nboundary clearances aspect means the boundary clearances aspect as described in the inspection guideline called ‘Guidelines for inspection of class 1a and 10 buildings and structures’, published by the department.\nreinforcement of footing system aspect means the reinforcement of slab and footing system aspect for the reinforcement of footings as described in the inspection guideline called ‘Guidelines for inspection of class 1a and 10 buildings and structures’, published by the department.\n(sec.74-ssec.1) A competent person (inspection) for assessable building work may give the building certifier for the work a certificate (an aspect inspection certificate ) for an aspect of the work if— the competent person (inspection) inspects the aspect of the work; and the competent person is satisfied that the aspect of the work has been completed and complies with the building development approval.\n(sec.74-ssec.2) The inspection under subsection (1) (a) must be carried out in accordance with best industry practice.\n(sec.74-ssec.3) However, a competent person (inspection) must not give an aspect inspection certificate for an aspect of assessable building work for a single detached class 1a building, unless— if the certificate is for the boundary clearances aspect of the building—the competent person (inspection) is a cadastral surveyor; or if the certificate is for the reinforcement of footing system aspect of the building—the competent person (inspection) is a registered professional engineer.\n(sec.74-ssec.4) In this section— boundary clearances aspect means the boundary clearances aspect as described in the inspection guideline called ‘Guidelines for inspection of class 1a and 10 buildings and structures’, published by the department. reinforcement of footing system aspect means the reinforcement of slab and footing system aspect for the reinforcement of footings as described in the inspection guideline called ‘Guidelines for inspection of class 1a and 10 buildings and structures’, published by the department.\n- (a) the competent person (inspection) inspects the aspect of the work; and\n- (b) the competent person is satisfied that the aspect of the work has been completed and complies with the building development approval.\n- (a) if the certificate is for the boundary clearances aspect of the building—the competent person (inspection) is a cadastral surveyor; or\n- (b) if the certificate is for the reinforcement of footing system aspect of the building—the competent person (inspection) is a registered professional engineer.","sortOrder":92},{"sectionNumber":"sec.75","sectionType":"section","heading":"Building certifier may accept competent person certificate","content":"### sec.75 Building certifier may accept competent person certificate\n\nA building certifier may, in performing functions under the Act for a building development application or assessable building work, accept and rely on a competent person certificate if—\nfor an aspect inspection certificate—the competent person complied with section 74 ; and\nthe certificate complies with section 77 .\n- (a) for an aspect inspection certificate—the competent person complied with section 74 ; and\n- (b) the certificate complies with section 77 .","sortOrder":93},{"sectionNumber":"sec.76","sectionType":"section","heading":"Competent person (inspection) may accept aspect inspection certificate","content":"### sec.76 Competent person (inspection) may accept aspect inspection certificate\n\nThis section applies to a competent person (inspection) who gives inspection help to a building certifier for assessable building work.\nThe competent person (inspection) may accept and rely on an aspect inspection certificate from another competent person if all of the following apply—\nthe other competent person is a competent person of a type relevant to the inspection help;\nif the other competent person is a competent person of a type relevant to the inspection help only for a particular aspect of the building work—the certificate relates to the aspect;\nif the other competent person was decided to be a competent person only for particular assessable building work—the certificate relates to the building work;\nif the other competent person was, under part 6 and this part, permitted to give the certificate;\nfor a certificate that is an aspect inspection certificate— the person complied with section 74 ;\nthe certificate complies with section 77 .\nIf the competent person (inspection) accepts and relies on a competent person certificate the competent person (inspection) is not required to inspect the work.\n(sec.76-ssec.1) This section applies to a competent person (inspection) who gives inspection help to a building certifier for assessable building work.\n(sec.76-ssec.2) The competent person (inspection) may accept and rely on an aspect inspection certificate from another competent person if all of the following apply— the other competent person is a competent person of a type relevant to the inspection help; if the other competent person is a competent person of a type relevant to the inspection help only for a particular aspect of the building work—the certificate relates to the aspect; if the other competent person was decided to be a competent person only for particular assessable building work—the certificate relates to the building work; if the other competent person was, under part 6 and this part, permitted to give the certificate; for a certificate that is an aspect inspection certificate— the person complied with section 74 ; the certificate complies with section 77 .\n(sec.76-ssec.3) If the competent person (inspection) accepts and relies on a competent person certificate the competent person (inspection) is not required to inspect the work.\n- (a) the other competent person is a competent person of a type relevant to the inspection help;\n- (b) if the other competent person is a competent person of a type relevant to the inspection help only for a particular aspect of the building work—the certificate relates to the aspect;\n- (c) if the other competent person was decided to be a competent person only for particular assessable building work—the certificate relates to the building work;\n- (d) if the other competent person was, under part 6 and this part, permitted to give the certificate;\n- (e) for a certificate that is an aspect inspection certificate— the person complied with section 74 ;\n- (f) the certificate complies with section 77 .","sortOrder":94},{"sectionNumber":"sec.77","sectionType":"section","heading":"Requirements for certificates","content":"### sec.77 Requirements for certificates\n\nA competent person certificate must—\nbe in the approved form; and\nbe signed by the competent person giving the certificate; and\nstate—\nthe basis for giving the certificate; and\nthe extent to which the competent person has relied on tests, specifications, rules, standards, codes of practice or other publications.\n- (a) be in the approved form; and\n- (b) be signed by the competent person giving the certificate; and\n- (c) state— (i) the basis for giving the certificate; and (ii) the extent to which the competent person has relied on tests, specifications, rules, standards, codes of practice or other publications.\n- (i) the basis for giving the certificate; and\n- (ii) the extent to which the competent person has relied on tests, specifications, rules, standards, codes of practice or other publications.\n- (i) the basis for giving the certificate; and\n- (ii) the extent to which the competent person has relied on tests, specifications, rules, standards, codes of practice or other publications.","sortOrder":95},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Certificates under CodeMark Scheme","content":"## Certificates under CodeMark Scheme","sortOrder":96},{"sectionNumber":"sec.78","sectionType":"section","heading":"Certificate of conformity","content":"### sec.78 Certificate of conformity\n\nIf a certificate of conformity applies to a building element, the element is, to the extent stated in the certificate, taken to comply with the BCA.\nIn this section—\nbuilding element means the properties and performance of a material, system, method of building or other thing relating to building work.\ncertificate of conformity means a current CodeMark certificate of conformity issued by the Australian Building Codes Board under the scheme know as the CodeMark Certification Scheme.\n(sec.78-ssec.1) If a certificate of conformity applies to a building element, the element is, to the extent stated in the certificate, taken to comply with the BCA.\n(sec.78-ssec.2) In this section— building element means the properties and performance of a material, system, method of building or other thing relating to building work. certificate of conformity means a current CodeMark certificate of conformity issued by the Australian Building Codes Board under the scheme know as the CodeMark Certification Scheme.","sortOrder":97},{"sectionNumber":"pt.9A","sectionType":"part","heading":"Identifying public cyclone shelters","content":"# Identifying public cyclone shelters","sortOrder":98},{"sectionNumber":"sec.78A","sectionType":"section","heading":"Definitions for part","content":"### sec.78A Definitions for part\n\nIn this part—\npublic cyclone shelter see section 78C .\npublic cyclone shelter compliance statement see section 78B (1) .\ns 78A ins 2023 SL No. 98 s 3","sortOrder":99},{"sectionNumber":"sec.78B","sectionType":"section","heading":"What is a public cyclone shelter compliance statement","content":"### sec.78B What is a public cyclone shelter compliance statement\n\nA public cyclone shelter compliance statement is a statement in the approved form about a relevant building or part of a relevant building—\nissued by an assessor; and\nstating that the building or part—\ncomplies with the Queensland Development Code, MP 3.8; and\nis suitable for occupation by the public during a cyclone.\nA public cyclone shelter compliance statement has effect for 1 year after the day it is issued.\nIn this section—\nassessor means a person who holds a certificate of accreditation from an accreditation standards body that is suitable for obtaining a licence at the level of building certifier–level 1.\nrelevant building means—\na building owned by the State or a local government; or\na building for which a certificate of occupancy has been issued.\ns 78B ins 2023 SL No. 98 s 3\n(sec.78B-ssec.1) A public cyclone shelter compliance statement is a statement in the approved form about a relevant building or part of a relevant building— issued by an assessor; and stating that the building or part— complies with the Queensland Development Code, MP 3.8; and is suitable for occupation by the public during a cyclone.\n(sec.78B-ssec.2) A public cyclone shelter compliance statement has effect for 1 year after the day it is issued.\n(sec.78B-ssec.3) In this section— assessor means a person who holds a certificate of accreditation from an accreditation standards body that is suitable for obtaining a licence at the level of building certifier–level 1. relevant building means— a building owned by the State or a local government; or a building for which a certificate of occupancy has been issued.\n- (a) issued by an assessor; and\n- (b) stating that the building or part— (i) complies with the Queensland Development Code, MP 3.8; and (ii) is suitable for occupation by the public during a cyclone.\n- (i) complies with the Queensland Development Code, MP 3.8; and\n- (ii) is suitable for occupation by the public during a cyclone.\n- (i) complies with the Queensland Development Code, MP 3.8; and\n- (ii) is suitable for occupation by the public during a cyclone.\n- (a) a building owned by the State or a local government; or\n- (b) a building for which a certificate of occupancy has been issued.","sortOrder":100},{"sectionNumber":"sec.78C","sectionType":"section","heading":"When is a building, or part of a building, a public cyclone shelter","content":"### sec.78C When is a building, or part of a building, a public cyclone shelter\n\nA building or part of a building is a public cyclone shelter if—\nthe building or part is a shelter for occupation by the public during a cyclone under a local disaster management plan; and\na certificate of occupancy has been issued for the building or, in the case of a part of a building, the building of which it is a part; and\na public cyclone shelter compliance statement has been issued, and is in effect, for the building or part.\nAlso, a building or part of a building is a public cyclone shelter if—\nthe building or part is owned by the State or a local government; and\nthe building or part is a shelter for occupation by the public during a cyclone under a local disaster management plan.\nIn this section—\nlocal disaster management plan see the Disaster Management Act 2003 , section 57 (1) .\ns 78C ins 2023 SL No. 98 s 3\n(sec.78C-ssec.1) A building or part of a building is a public cyclone shelter if— the building or part is a shelter for occupation by the public during a cyclone under a local disaster management plan; and a certificate of occupancy has been issued for the building or, in the case of a part of a building, the building of which it is a part; and a public cyclone shelter compliance statement has been issued, and is in effect, for the building or part.\n(sec.78C-ssec.2) Also, a building or part of a building is a public cyclone shelter if— the building or part is owned by the State or a local government; and the building or part is a shelter for occupation by the public during a cyclone under a local disaster management plan.\n(sec.78C-ssec.3) In this section— local disaster management plan see the Disaster Management Act 2003 , section 57 (1) .\n- (a) the building or part is a shelter for occupation by the public during a cyclone under a local disaster management plan; and\n- (b) a certificate of occupancy has been issued for the building or, in the case of a part of a building, the building of which it is a part; and\n- (c) a public cyclone shelter compliance statement has been issued, and is in effect, for the building or part.\n- (a) the building or part is owned by the State or a local government; and\n- (b) the building or part is a shelter for occupation by the public during a cyclone under a local disaster management plan.","sortOrder":101},{"sectionNumber":"sec.78D","sectionType":"section","heading":"Identifying a building, or part of a building, using words ‘public cyclone shelter’","content":"### sec.78D Identifying a building, or part of a building, using words ‘public cyclone shelter’\n\nThe owner or occupier of a building or part of a building must not, without a reasonable excuse, use the words ‘public cyclone shelter’ in a broadcast or publication to indicate the building or part is available for occupation as a shelter by the public during a cyclone.\nMaximum penalty—20 penalty units.\nSubsection (1) does not apply if the building or part is a public cyclone shelter.\nIn this section—\nuse includes cause to be used.\ns 78D ins 2023 SL No. 98 s 3\n(sec.78D-ssec.1) The owner or occupier of a building or part of a building must not, without a reasonable excuse, use the words ‘public cyclone shelter’ in a broadcast or publication to indicate the building or part is available for occupation as a shelter by the public during a cyclone. Maximum penalty—20 penalty units.\n(sec.78D-ssec.2) Subsection (1) does not apply if the building or part is a public cyclone shelter.\n(sec.78D-ssec.3) In this section— use includes cause to be used.","sortOrder":102},{"sectionNumber":"pt.10","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":103},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Approvals and other matters","content":"## Approvals and other matters","sortOrder":104},{"sectionNumber":"sec.79","sectionType":"section","heading":"Queensland Development Code— Act , s 13","content":"### sec.79 Queensland Development Code— Act , s 13\n\nFor section 13 (1) of the Act , the parts, or the aspects of the parts, of the QDC stated in schedule 7 are prescribed.\nFor section 13 (2) of the Act , the part, or the aspect of the part, takes effect on the day stated in schedule 7 , column 3, for the part or the aspect of the part.\n(sec.79-ssec.1) For section 13 (1) of the Act , the parts, or the aspects of the parts, of the QDC stated in schedule 7 are prescribed.\n(sec.79-ssec.2) For section 13 (2) of the Act , the part, or the aspect of the part, takes effect on the day stated in schedule 7 , column 3, for the part or the aspect of the part.","sortOrder":105},{"sectionNumber":"sec.80","sectionType":"section","heading":"QDC residential design and siting provisions— Act , sch 2 , definition QDC residential design and siting provisions","content":"### sec.80 QDC residential design and siting provisions— Act , sch 2 , definition QDC residential design and siting provisions\n\nFor schedule 2 of the Act , definition QDC residential design and siting provisions , the aspects of parts 1.1 and 1 .2 of the QDC, mentioned in schedule 7 , are prescribed.","sortOrder":106},{"sectionNumber":"sec.81","sectionType":"section","heading":"Approval of replacement of code of conduct— Act , s 129","content":"### sec.81 Approval of replacement of code of conduct— Act , s 129\n\nFor section 129 (3) of the Act —\nthe approval under the expired Building Regulation 2006 , section 51B , of the replacement by the chief executive of the code of conduct with the document called ‘Code of conduct for building certifiers’, made by the chief executive on 9 September 2020, is continued; and\nthe replacement took effect on 1 October 2020.\n- (a) the approval under the expired Building Regulation 2006 , section 51B , of the replacement by the chief executive of the code of conduct with the document called ‘Code of conduct for building certifiers’, made by the chief executive on 9 September 2020, is continued; and\n- (b) the replacement took effect on 1 October 2020.","sortOrder":107},{"sectionNumber":"sec.82","sectionType":"section","heading":"Demerit offences— Act , s 214A , definition demerit offence","content":"### sec.82 Demerit offences— Act , s 214A , definition demerit offence\n\nFor section 214A of the Act , definition demerit offence , an offence against a provision of the Act stated in schedule 8 , column 1, is prescribed.","sortOrder":108},{"sectionNumber":"sec.83","sectionType":"section","heading":"Demerit points— Act , s 214E","content":"### sec.83 Demerit points— Act , s 214E\n\nFor section 214E (2) of the Act , the number of demerit points stated in schedule 8 , column 2, opposite a demerit offence stated in column 1, is prescribed for the offence.","sortOrder":109},{"sectionNumber":"sec.84","sectionType":"section","heading":"Prescribed matters for private certification endorsement— Act , s 163","content":"### sec.84 Prescribed matters for private certification endorsement— Act , s 163\n\nFor section 163 (1) of the Act , the insurance prescribed for private certification is professional indemnity insurance that provides for all of the following—\na minimum limit of indemnity of $1m for any 1 claim and a total during any 1 period of insurance that may arise from the performance of private certifying functions;\nas well as the limit of indemnity mentioned in paragraph (a) —indemnity for costs and expenses incurred with the consent of the insurer of defending or settling a claim;\nindemnity for breaches of professional duty as a private certifier arising from an act, error or omission of the private certifier after the day the certifier first became a private certifier;\nat least 1 automatic reinstatement of indemnity;\nindemnity for negligent performance of a building certifying function (other than for claims for fraudulent or illegal acts or omissions);\nif the private certifying functions are performed as an employee—indemnity to former principals, partners and directors of the employer who were, but no longer are, private certifiers.\nFor subsection (1) , a private certifier who is a member of a corporation, or an employee of an individual, corporation or public sector entity, has the required insurance if the corporation, individual or entity has the professional indemnity insurance mentioned in subsection (1) .\nFor subsection (1) (b) , the indemnity may, for any 1 claim, be limited to 20% of the limit of indemnity the insurance provides under subsection (1) (a) for the claim.\nFor section 163 (2) of the Act , the prescribed course is the course called ‘Queensland Private Building Certifier Course’, conducted by CPD Training Pty Ltd, trading as College of Professional Development.\nHowever, subsection (1) does not apply in relation to a private certifier during the exemption period to the extent the certifier performs private certifying functions directly related to external cladding, or the use of external cladding, that does not comply with any of the following—\nan Act or other law of the Commonwealth or a State;\nan Australian Standard;\nthe BCA.\nIn this section—\nexemption period means the period starting on the commencement and ending on 30 June 2027.\nexternal cladding means cladding or a cladding system—\nforming part of, or attached or applied to, an external wall or other external part of a building other than a roof; and\nmade, in whole or in part, of composite material.\nSubsections (5) and (6) and this subsection expire on 1 July 2027.\ns 84 amd 2022 SL No. 57 s 5 ; 2023 SL No. 46 s 3 ; 2025 SL No. 12 s 4\n(5)–(7) exp 1 July 2027 (see s 84(7))\n(sec.84-ssec.1) For section 163 (1) of the Act , the insurance prescribed for private certification is professional indemnity insurance that provides for all of the following— a minimum limit of indemnity of $1m for any 1 claim and a total during any 1 period of insurance that may arise from the performance of private certifying functions; as well as the limit of indemnity mentioned in paragraph (a) —indemnity for costs and expenses incurred with the consent of the insurer of defending or settling a claim; indemnity for breaches of professional duty as a private certifier arising from an act, error or omission of the private certifier after the day the certifier first became a private certifier; at least 1 automatic reinstatement of indemnity; indemnity for negligent performance of a building certifying function (other than for claims for fraudulent or illegal acts or omissions); if the private certifying functions are performed as an employee—indemnity to former principals, partners and directors of the employer who were, but no longer are, private certifiers.\n(sec.84-ssec.2) For subsection (1) , a private certifier who is a member of a corporation, or an employee of an individual, corporation or public sector entity, has the required insurance if the corporation, individual or entity has the professional indemnity insurance mentioned in subsection (1) .\n(sec.84-ssec.3) For subsection (1) (b) , the indemnity may, for any 1 claim, be limited to 20% of the limit of indemnity the insurance provides under subsection (1) (a) for the claim.\n(sec.84-ssec.4) For section 163 (2) of the Act , the prescribed course is the course called ‘Queensland Private Building Certifier Course’, conducted by CPD Training Pty Ltd, trading as College of Professional Development.\n(sec.84-ssec.5) However, subsection (1) does not apply in relation to a private certifier during the exemption period to the extent the certifier performs private certifying functions directly related to external cladding, or the use of external cladding, that does not comply with any of the following— an Act or other law of the Commonwealth or a State; an Australian Standard; the BCA.\n(sec.84-ssec.6) In this section— exemption period means the period starting on the commencement and ending on 30 June 2027. external cladding means cladding or a cladding system— forming part of, or attached or applied to, an external wall or other external part of a building other than a roof; and made, in whole or in part, of composite material.\n(sec.84-ssec.7) Subsections (5) and (6) and this subsection expire on 1 July 2027.\n- (a) a minimum limit of indemnity of $1m for any 1 claim and a total during any 1 period of insurance that may arise from the performance of private certifying functions;\n- (b) as well as the limit of indemnity mentioned in paragraph (a) —indemnity for costs and expenses incurred with the consent of the insurer of defending or settling a claim;\n- (c) indemnity for breaches of professional duty as a private certifier arising from an act, error or omission of the private certifier after the day the certifier first became a private certifier;\n- (d) at least 1 automatic reinstatement of indemnity;\n- (e) indemnity for negligent performance of a building certifying function (other than for claims for fraudulent or illegal acts or omissions);\n- (f) if the private certifying functions are performed as an employee—indemnity to former principals, partners and directors of the employer who were, but no longer are, private certifiers.\n- (a) an Act or other law of the Commonwealth or a State;\n- (b) an Australian Standard;\n- (c) the BCA.\n- (a) forming part of, or attached or applied to, an external wall or other external part of a building other than a roof; and\n- (b) made, in whole or in part, of composite material.","sortOrder":110},{"sectionNumber":"sec.85","sectionType":"section","heading":"Prescribed accreditation standards body— Act , s 184","content":"### sec.85 Prescribed accreditation standards body— Act , s 184\n\nFor section 184 (1) of the Act , the following entities are prescribed—\nthe Australian Institute of Building Surveyors;\nthe Royal Institution of Chartered Surveyors.\n- (a) the Australian Institute of Building Surveyors;\n- (b) the Royal Institution of Chartered Surveyors.","sortOrder":111},{"sectionNumber":"sec.86","sectionType":"section","heading":"Information to be given by the State— Act , s 255","content":"### sec.86 Information to be given by the State— Act , s 255\n\nFor section 255 (2) of the Act , the following information is prescribed—\na 1:100 scale drawing of the building or structure showing floor plans and elevations, unless the Minister responsible for the building work mentioned in section 255 of the Act considers it would not be in the public interest to give the information; and\na site plan of a scale enabling the local government to provide water supply, sewerage and stormwater drainage for the land on which the building work is to be carried out.\n- (a) a 1:100 scale drawing of the building or structure showing floor plans and elevations, unless the Minister responsible for the building work mentioned in section 255 of the Act considers it would not be in the public interest to give the information; and\n- (b) a site plan of a scale enabling the local government to provide water supply, sewerage and stormwater drainage for the land on which the building work is to be carried out.","sortOrder":112},{"sectionNumber":"sec.87","sectionType":"section","heading":"Notice requirement for particular development approvals for building work near sewers","content":"### sec.87 Notice requirement for particular development approvals for building work near sewers\n\nThis section applies if—\na private certifier approves a building development application for building work for a class 1 building or a class 10 building or structure; and\nthe application is for building work on a lot that contains, or is adjacent to a lot that contains, a sewer of a sewerage service provider; and\nthe QDC, part 1.4 applies to the building work because of the distance between the building work and the sewer; and\nthe sewerage service provider is not a local government or a referral agency for the application.\nThe private certifier must, within 5 business days after approving the building development application, give the sewerage service provider notice in the approved form about the building work.\nIn this section—\nmaintenance cover means a cover, whether above, at, or below ground level, for a chamber through which a person, machine or device may gain access to a sewer for the purpose of inspecting, maintaining or replacing the sewer.\nsewer means a sewer that is part of a sewerage system under the Plumbing and Drainage Act 2018 and includes a maintenance cover for the sewer.\nsewerage service provider see the Water Supply (Safety and Reliability) Act 2008 , schedule 3 .\n(sec.87-ssec.1) This section applies if— a private certifier approves a building development application for building work for a class 1 building or a class 10 building or structure; and the application is for building work on a lot that contains, or is adjacent to a lot that contains, a sewer of a sewerage service provider; and the QDC, part 1.4 applies to the building work because of the distance between the building work and the sewer; and the sewerage service provider is not a local government or a referral agency for the application.\n(sec.87-ssec.2) The private certifier must, within 5 business days after approving the building development application, give the sewerage service provider notice in the approved form about the building work.\n(sec.87-ssec.3) In this section— maintenance cover means a cover, whether above, at, or below ground level, for a chamber through which a person, machine or device may gain access to a sewer for the purpose of inspecting, maintaining or replacing the sewer. sewer means a sewer that is part of a sewerage system under the Plumbing and Drainage Act 2018 and includes a maintenance cover for the sewer. sewerage service provider see the Water Supply (Safety and Reliability) Act 2008 , schedule 3 .\n- (a) a private certifier approves a building development application for building work for a class 1 building or a class 10 building or structure; and\n- (b) the application is for building work on a lot that contains, or is adjacent to a lot that contains, a sewer of a sewerage service provider; and\n- (c) the QDC, part 1.4 applies to the building work because of the distance between the building work and the sewer; and\n- (d) the sewerage service provider is not a local government or a referral agency for the application.","sortOrder":113},{"sectionNumber":"sec.88","sectionType":"section","heading":"Notice requirement for particular development approvals for farm buildings","content":"### sec.88 Notice requirement for particular development approvals for farm buildings\n\nThis section applies to the assessment manager for a building development application if—\nthe application is for building work for a farm building; and\nthe assessment manager approves the application in whole or in part; and\nthe building work that is approved complies with the QDC, part 3.7 , acceptable solution A3(2), (3) or (4).\nThe assessment manager must, within 5 business days after approving the building development application, give Queensland Fire and Rescue a notice in the approved form.\nIn this section—\nfarm animal means an animal whose meat or produce is intended for human consumption.\neggs, milk, wool\nfarm building means—\na class 7 building situated on land used primarily for farming, if the building is used primarily for—\nfarming; or\nhousing 3 or more farm vehicles; or\na class 8 building situated on land used primarily for farming, if the building is also used primarily for farming.\nfarming means the use of land for 1 or more of the following—\ncultivating or propagating plants or fungi or constituent parts of plants or fungi;\na seed, a bulb\na fungal spore\nharvesting or packing a thing mentioned in paragraph (a) , other than cutting timber or preparing timber for sale;\nkeeping farm animals for 1 or more of the following purposes—\ngathering or packing produce of the animals in a way that does not result in the death of the animals;\ngathering eggs laid by chickens, gathering wool shorn from sheep, milking cows or goats\nselling the animals or their produce;\nbreeding the animals.\nfarm vehicle means a vehicle used in relation to farming.\ntractor, harvester, quad bike, utility truck\ns 88 amd 2023 SL No. 178 s 3 ; 2024 Act No. 22 s 92 sch 1\n(sec.88-ssec.1) This section applies to the assessment manager for a building development application if— the application is for building work for a farm building; and the assessment manager approves the application in whole or in part; and the building work that is approved complies with the QDC, part 3.7 , acceptable solution A3(2), (3) or (4).\n(sec.88-ssec.2) The assessment manager must, within 5 business days after approving the building development application, give Queensland Fire and Rescue a notice in the approved form.\n(sec.88-ssec.3) In this section— farm animal means an animal whose meat or produce is intended for human consumption. eggs, milk, wool farm building means— a class 7 building situated on land used primarily for farming, if the building is used primarily for— farming; or housing 3 or more farm vehicles; or a class 8 building situated on land used primarily for farming, if the building is also used primarily for farming. farming means the use of land for 1 or more of the following— cultivating or propagating plants or fungi or constituent parts of plants or fungi; a seed, a bulb a fungal spore harvesting or packing a thing mentioned in paragraph (a) , other than cutting timber or preparing timber for sale; keeping farm animals for 1 or more of the following purposes— gathering or packing produce of the animals in a way that does not result in the death of the animals; gathering eggs laid by chickens, gathering wool shorn from sheep, milking cows or goats selling the animals or their produce; breeding the animals. farm vehicle means a vehicle used in relation to farming. tractor, harvester, quad bike, utility truck\n- (a) the application is for building work for a farm building; and\n- (b) the assessment manager approves the application in whole or in part; and\n- (c) the building work that is approved complies with the QDC, part 3.7 , acceptable solution A3(2), (3) or (4).\n- (a) a class 7 building situated on land used primarily for farming, if the building is used primarily for— (i) farming; or (ii) housing 3 or more farm vehicles; or\n- (i) farming; or\n- (ii) housing 3 or more farm vehicles; or\n- (b) a class 8 building situated on land used primarily for farming, if the building is also used primarily for farming.\n- (i) farming; or\n- (ii) housing 3 or more farm vehicles; or\n- (a) cultivating or propagating plants or fungi or constituent parts of plants or fungi; Examples of a constituent part of a plant— a seed, a bulb Example of a constituent part of a fungus— a fungal spore\n- (b) harvesting or packing a thing mentioned in paragraph (a) , other than cutting timber or preparing timber for sale;\n- (c) keeping farm animals for 1 or more of the following purposes— (i) gathering or packing produce of the animals in a way that does not result in the death of the animals; Examples— gathering eggs laid by chickens, gathering wool shorn from sheep, milking cows or goats (ii) selling the animals or their produce; (iii) breeding the animals.\n- (i) gathering or packing produce of the animals in a way that does not result in the death of the animals; Examples— gathering eggs laid by chickens, gathering wool shorn from sheep, milking cows or goats\n- (ii) selling the animals or their produce;\n- (iii) breeding the animals.\n- (i) gathering or packing produce of the animals in a way that does not result in the death of the animals; Examples— gathering eggs laid by chickens, gathering wool shorn from sheep, milking cows or goats\n- (ii) selling the animals or their produce;\n- (iii) breeding the animals.","sortOrder":114},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Displaying code checklist","content":"## Displaying code checklist","sortOrder":115},{"sectionNumber":"sec.89","sectionType":"section","heading":"Display of code checklist for particular temporary accommodation buildings","content":"### sec.89 Display of code checklist for particular temporary accommodation buildings\n\nThis section applies to a temporary accommodation building that—\nis located at a site for more than 42 consecutive days; and\nis occupied, or available for occupation, by a person—\nunder an agreement relating to the person’s employment; or\nin return for the payment of rent.\nThe prescribed person for the temporary accommodation building must ensure—\na code checklist is completed for the temporary accommodation building; and\na copy of the checklist is clearly displayed on or near the temporary accommodation building.\nMaximum penalty—20 penalty units.\nIn this section—\ncode checklist , for a temporary accommodation building, means the checklist—\nin the approved form; and\ncompleted by the prescribed person for the building.\nprescribed person , for a temporary accommodation building, means the person who allows occupation of the building—\nunder an agreement relating to a person’s employment; or\nin return for the payment of rent.\ntemporary accommodation building means a temporary building or structure containing an area used, or intended to be used, for sleeping.\n(sec.89-ssec.1) This section applies to a temporary accommodation building that— is located at a site for more than 42 consecutive days; and is occupied, or available for occupation, by a person— under an agreement relating to the person’s employment; or in return for the payment of rent.\n(sec.89-ssec.2) The prescribed person for the temporary accommodation building must ensure— a code checklist is completed for the temporary accommodation building; and a copy of the checklist is clearly displayed on or near the temporary accommodation building. Maximum penalty—20 penalty units.\n(sec.89-ssec.3) In this section— code checklist , for a temporary accommodation building, means the checklist— in the approved form; and completed by the prescribed person for the building. prescribed person , for a temporary accommodation building, means the person who allows occupation of the building— under an agreement relating to a person’s employment; or in return for the payment of rent. temporary accommodation building means a temporary building or structure containing an area used, or intended to be used, for sleeping.\n- (a) is located at a site for more than 42 consecutive days; and\n- (b) is occupied, or available for occupation, by a person— (i) under an agreement relating to the person’s employment; or (ii) in return for the payment of rent.\n- (i) under an agreement relating to the person’s employment; or\n- (ii) in return for the payment of rent.\n- (i) under an agreement relating to the person’s employment; or\n- (ii) in return for the payment of rent.\n- (a) a code checklist is completed for the temporary accommodation building; and\n- (b) a copy of the checklist is clearly displayed on or near the temporary accommodation building.\n- (a) in the approved form; and\n- (b) completed by the prescribed person for the building.\n- (a) under an agreement relating to a person’s employment; or\n- (b) in return for the payment of rent.","sortOrder":116},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"Fees","content":"## Fees","sortOrder":117},{"sectionNumber":"sec.90","sectionType":"section","heading":"Fees—general","content":"### sec.90 Fees—general\n\nThe fees payable under the Act are stated in schedule 9 .","sortOrder":118},{"sectionNumber":"sec.91","sectionType":"section","heading":"Fast-track fee and variation application under Act, s 39","content":"### sec.91 Fast-track fee and variation application under Act, s 39\n\nThe fee (the fast-track fee ) for a request made by an applicant under section 39 of the Act is payable in addition to the fee payable for a variation application.\nIf the chief executive refuses the request made under section 39 of the Act , the chief executive must refund the fast-track fee paid by the applicant.\nThe chief executive may refund the fee paid by the applicant for the variation application if—\nfor a variation application accompanied by a request under section 39 of the Act —the decision about the application made under that section is not made within 2 business days after the application is made; or\notherwise—a decision for the variation application is not made within 20 business days after the application is made.\nIn deciding whether to refund the fee under subsection (3) , the chief executive must have regard to each of the following matters—\nif the chief executive requested further information about the application, whether the applicant provided the information within a reasonable time;\nthe complexity of the building work that is the subject of the application, including—\nthe scale of the building work; and\nwhether the department made a request for specialist advice to decide the application.\n(sec.91-ssec.1) The fee (the fast-track fee ) for a request made by an applicant under section 39 of the Act is payable in addition to the fee payable for a variation application.\n(sec.91-ssec.2) If the chief executive refuses the request made under section 39 of the Act , the chief executive must refund the fast-track fee paid by the applicant.\n(sec.91-ssec.3) The chief executive may refund the fee paid by the applicant for the variation application if— for a variation application accompanied by a request under section 39 of the Act —the decision about the application made under that section is not made within 2 business days after the application is made; or otherwise—a decision for the variation application is not made within 20 business days after the application is made.\n(sec.91-ssec.4) In deciding whether to refund the fee under subsection (3) , the chief executive must have regard to each of the following matters— if the chief executive requested further information about the application, whether the applicant provided the information within a reasonable time; the complexity of the building work that is the subject of the application, including— the scale of the building work; and whether the department made a request for specialist advice to decide the application.\n- (a) for a variation application accompanied by a request under section 39 of the Act —the decision about the application made under that section is not made within 2 business days after the application is made; or\n- (b) otherwise—a decision for the variation application is not made within 20 business days after the application is made.\n- (a) if the chief executive requested further information about the application, whether the applicant provided the information within a reasonable time;\n- (b) the complexity of the building work that is the subject of the application, including— (i) the scale of the building work; and (ii) whether the department made a request for specialist advice to decide the application.\n- (i) the scale of the building work; and\n- (ii) whether the department made a request for specialist advice to decide the application.\n- (i) the scale of the building work; and\n- (ii) whether the department made a request for specialist advice to decide the application.","sortOrder":119},{"sectionNumber":"pt.11","sectionType":"part","heading":"Transitional and savings provisions","content":"# Transitional and savings provisions","sortOrder":120},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":121},{"sectionNumber":"sec.92","sectionType":"section","heading":"Definition for part","content":"### sec.92 Definition for part\n\nIn this part—\nexpired regulation means the expired Building Regulation 2006 .","sortOrder":122},{"sectionNumber":"sec.93","sectionType":"section","heading":"References to expired regulation","content":"### sec.93 References to expired regulation\n\nIn an instrument, a reference to the expired regulation is, if the context permits, taken to be a reference to this regulation.","sortOrder":123},{"sectionNumber":"sec.94","sectionType":"section","heading":"Acts Interpretation Act 1954 , s 20 not limited","content":"### sec.94 Acts Interpretation Act 1954 , s 20 not limited\n\nThis part does not limit the Acts Interpretation Act 1954 , section 20 .","sortOrder":124},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Continuation of obligations relating to combustible cladding part 4A","content":"## Continuation of obligations relating to combustible cladding part 4A","sortOrder":125},{"sectionNumber":"sec.95","sectionType":"section","heading":"Continuation of part 4A","content":"### sec.95 Continuation of part 4A\n\nDespite the expiry of the expired regulation, from the commencement, part 4A of the expired regulation continues in force as if it were part of this regulation.","sortOrder":126},{"sectionNumber":"sec.96","sectionType":"section","heading":"Offences","content":"### sec.96 Offences\n\nTo remove any doubt, it is declared that a proceeding for an offence against a provision of the expired regulation, part 4A, may, after the commencement, be started or continued under that part as if the expired regulation had not expired.","sortOrder":127},{"sectionNumber":"pt.11-div.3","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":128},{"sectionNumber":"sec.97","sectionType":"section","heading":"Designated bush fire prone areas","content":"### sec.97 Designated bush fire prone areas\n\nThis section applies to an area designated by a local government as a bush fire prone area under the expired regulation, section 12 if, immediately before the commencement, the designation was in force.\nOn the commencement, the area is taken to be an area designated as a bush fire prone area under section 7.\n(sec.97-ssec.1) This section applies to an area designated by a local government as a bush fire prone area under the expired regulation, section 12 if, immediately before the commencement, the designation was in force.\n(sec.97-ssec.2) On the commencement, the area is taken to be an area designated as a bush fire prone area under section 7.","sortOrder":129},{"sectionNumber":"sec.98","sectionType":"section","heading":"Designation of and declaration for flood hazard areas","content":"### sec.98 Designation of and declaration for flood hazard areas\n\nThis section applies if—\nunder the expired regulation, section 13—\nan area was designated by a local government as a flood hazard area; and\na matter mentioned in the expired regulation, section 13(1)(b) was declared for the area; and\nimmediately before the commencement the designation and declaration were in force.\nOn the commencement, the designation of the area and declaration of the matter for the area are taken to have been made by the local government under section 8.\n(sec.98-ssec.1) This section applies if— under the expired regulation, section 13— an area was designated by a local government as a flood hazard area; and a matter mentioned in the expired regulation, section 13(1)(b) was declared for the area; and immediately before the commencement the designation and declaration were in force.\n(sec.98-ssec.2) On the commencement, the designation of the area and declaration of the matter for the area are taken to have been made by the local government under section 8.\n- (a) under the expired regulation, section 13— (i) an area was designated by a local government as a flood hazard area; and (ii) a matter mentioned in the expired regulation, section 13(1)(b) was declared for the area; and\n- (i) an area was designated by a local government as a flood hazard area; and\n- (ii) a matter mentioned in the expired regulation, section 13(1)(b) was declared for the area; and\n- (b) immediately before the commencement the designation and declaration were in force.\n- (i) an area was designated by a local government as a flood hazard area; and\n- (ii) a matter mentioned in the expired regulation, section 13(1)(b) was declared for the area; and","sortOrder":130},{"sectionNumber":"sec.99","sectionType":"section","heading":"Demerit contravention committed before the commencement","content":"### sec.99 Demerit contravention committed before the commencement\n\nFor part 5, division 2, subdivision 2—\na reference to a demerit contravention includes a reference to a former demerit contravention; and\na reference to demerit points allocated or accumulated by a pool safety inspector includes a reference to demerit points allocated under the expired regulation before the commencement.\nIn this section—\nformer demerit contravention means a demerit contravention under the expired regulation committed before the commencement.\n(sec.99-ssec.1) For part 5, division 2, subdivision 2— a reference to a demerit contravention includes a reference to a former demerit contravention; and a reference to demerit points allocated or accumulated by a pool safety inspector includes a reference to demerit points allocated under the expired regulation before the commencement.\n(sec.99-ssec.2) In this section— former demerit contravention means a demerit contravention under the expired regulation committed before the commencement.\n- (a) a reference to a demerit contravention includes a reference to a former demerit contravention; and\n- (b) a reference to demerit points allocated or accumulated by a pool safety inspector includes a reference to demerit points allocated under the expired regulation before the commencement.","sortOrder":131},{"sectionNumber":"sec.100","sectionType":"section","heading":"Particular noncompliance notices","content":"### sec.100 Particular noncompliance notices\n\nThis section applies if—\nunder the expired regulation, section 33, a builder was given a noncompliance notice; and\nimmediately before the commencement, the builder had not complied with the expired regulation, section 34.\nOn the commencement, the noncompliance notice is taken to be a noncompliance notice given under section 54.\n(sec.100-ssec.1) This section applies if— under the expired regulation, section 33, a builder was given a noncompliance notice; and immediately before the commencement, the builder had not complied with the expired regulation, section 34.\n(sec.100-ssec.2) On the commencement, the noncompliance notice is taken to be a noncompliance notice given under section 54.\n- (a) under the expired regulation, section 33, a builder was given a noncompliance notice; and\n- (b) immediately before the commencement, the builder had not complied with the expired regulation, section 34.","sortOrder":132},{"sectionNumber":"sec.101","sectionType":"section","heading":"Appointment of competent person","content":"### sec.101 Appointment of competent person\n\nThis section applies if immediately before the commencement a person was appointed as a competent person under the expired regulation, section 17.\nOn the commencement, the person is taken to have been appointed as the following under section 34(1)—\nfor a competent person (design/specification)—a competent person (design-specification);\nfor a competent person (inspections)—a competent person (inspection).\n(sec.101-ssec.1) This section applies if immediately before the commencement a person was appointed as a competent person under the expired regulation, section 17.\n(sec.101-ssec.2) On the commencement, the person is taken to have been appointed as the following under section 34(1)— for a competent person (design/specification)—a competent person (design-specification); for a competent person (inspections)—a competent person (inspection).\n- (a) for a competent person (design/specification)—a competent person (design-specification);\n- (b) for a competent person (inspections)—a competent person (inspection).","sortOrder":133},{"sectionNumber":"sec.102","sectionType":"section","heading":"Particular local government resolutions","content":"### sec.102 Particular local government resolutions\n\nThis section applies if—\nunder the expired regulation, section 25, a local government had, by resolution, declared localities and forms of buildings or structures in its area exempt from inspection at a stage of assessable building work; and\nimmediately before the commencement, the resolution was in force.\nOn the commencement, the resolution is taken to have been made under section 45.\n(sec.102-ssec.1) This section applies if— under the expired regulation, section 25, a local government had, by resolution, declared localities and forms of buildings or structures in its area exempt from inspection at a stage of assessable building work; and immediately before the commencement, the resolution was in force.\n(sec.102-ssec.2) On the commencement, the resolution is taken to have been made under section 45.\n- (a) under the expired regulation, section 25, a local government had, by resolution, declared localities and forms of buildings or structures in its area exempt from inspection at a stage of assessable building work; and\n- (b) immediately before the commencement, the resolution was in force.","sortOrder":134},{"sectionNumber":"sec.103","sectionType":"section","heading":"Particular relevant proceedings","content":"### sec.103 Particular relevant proceedings\n\nThe expired regulation, sections 23 and 45, continue to apply to an act or omission constituting an offence under those sections that happened before the commencement, as if the expired regulation had not expired.","sortOrder":135},{"sectionNumber":"pt.11-div.4","sectionType":"division","heading":"Transitional provision for Building Amendment Regulation 2022","content":"## Transitional provision for Building Amendment Regulation 2022","sortOrder":136},{"sectionNumber":"sec.104","sectionType":"section","heading":"Continued application of expired s 84(5) in relation to exempted licences","content":"### sec.104 Continued application of expired s 84(5) in relation to exempted licences\n\nThis section applies in relation to a private certifier who holds an exempted licence.\nExpired section 84(5) continues to apply in relation to the private certifier until the exempted licence expires.\nIf the private certifier holds an exempted licence that expires on 12 September 2027, section 84(1) does not apply to the certifier until 13 September 2027 to the extent the certifier performs private certifying functions mentioned in expired section 84(5).\nFor subsection (2), the reference in expired section 84(5) to the exemption period is taken to be a reference to the period starting on 1 July 2027 and ending when the exempted licence expires.\nThis section does not limit section 84(1).\nIn this section—\nexempted licence means a private certifier’s licence—\nwith a private certification endorsement made during the extended exemption period in reliance on section 84(5) as in force during that period; and\nthat is in force at the end of the extended exemption period.\nexpired section 84(5) means section 84(5) as in force immediately before its expiry on 1 July 2027.\nextended exemption period means the period—\nstarting on 27 May 2022; and\nending on 30 June 2027.\nThe Building Amendment Regulation 2022 commenced on 27 May 2022.\nThe Building (Private Certification Endorsement) Amendment Regulation 2023 , section 3 , amended section 84(6), definition exemption period to extend the period to 30 June 2025.\nThe Building and Other Legislation Amendment Regulation 2025 , section 4 , amended section 84(6), definition exemption period to further extend the period to 30 June 2027.\ns 104 ins 2022 SL No. 57 s 6\namd 2023 SL No. 46 s 4 ; 2025 SL No. 12 s 5\n(sec.104-ssec.1) This section applies in relation to a private certifier who holds an exempted licence.\n(sec.104-ssec.2) Expired section 84(5) continues to apply in relation to the private certifier until the exempted licence expires. If the private certifier holds an exempted licence that expires on 12 September 2027, section 84(1) does not apply to the certifier until 13 September 2027 to the extent the certifier performs private certifying functions mentioned in expired section 84(5).\n(sec.104-ssec.3) For subsection (2), the reference in expired section 84(5) to the exemption period is taken to be a reference to the period starting on 1 July 2027 and ending when the exempted licence expires.\n(sec.104-ssec.4) This section does not limit section 84(1).\n(sec.104-ssec.5) In this section— exempted licence means a private certifier’s licence— with a private certification endorsement made during the extended exemption period in reliance on section 84(5) as in force during that period; and that is in force at the end of the extended exemption period. expired section 84(5) means section 84(5) as in force immediately before its expiry on 1 July 2027. extended exemption period means the period— starting on 27 May 2022; and ending on 30 June 2027. The Building Amendment Regulation 2022 commenced on 27 May 2022. The Building (Private Certification Endorsement) Amendment Regulation 2023 , section 3 , amended section 84(6), definition exemption period to extend the period to 30 June 2025. The Building and Other Legislation Amendment Regulation 2025 , section 4 , amended section 84(6), definition exemption period to further extend the period to 30 June 2027.\n- (a) with a private certification endorsement made during the extended exemption period in reliance on section 84(5) as in force during that period; and\n- (b) that is in force at the end of the extended exemption period.\n- (a) starting on 27 May 2022; and\n- (b) ending on 30 June 2027.\n- 1 The Building Amendment Regulation 2022 commenced on 27 May 2022.\n- 2 The Building (Private Certification Endorsement) Amendment Regulation 2023 , section 3 , amended section 84(6), definition exemption period to extend the period to 30 June 2025.\n- 3 The Building and Other Legislation Amendment Regulation 2025 , section 4 , amended section 84(6), definition exemption period to further extend the period to 30 June 2027.","sortOrder":137},{"sectionNumber":"pt.11-div.5","sectionType":"division","heading":"Transitional provision for Building (Private Certification Endorsement) Amendment Regulation 2023","content":"## Transitional provision for Building (Private Certification Endorsement) Amendment Regulation 2023","sortOrder":138},{"sectionNumber":"sec.105","sectionType":"section","heading":"Completion of prescribed course for development approval endorsement before commencement","content":"### sec.105 Completion of prescribed course for development approval endorsement before commencement\n\nThis section applies if, before the commencement, a building certifier satisfactorily completed the course called ‘Issuing development permits for building work’, conducted by Mackee and Associates Pty Ltd, trading as AssentTECS (the former course ).\nThe former course continues to be prescribed for section 163 (2) of the Act .\ns 105 ins 2023 SL No. 46 s 5\n(sec.105-ssec.1) This section applies if, before the commencement, a building certifier satisfactorily completed the course called ‘Issuing development permits for building work’, conducted by Mackee and Associates Pty Ltd, trading as AssentTECS (the former course ).\n(sec.105-ssec.2) The former course continues to be prescribed for section 163 (2) of the Act .","sortOrder":139}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":687},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly beyond its original 2021 scope through amendments. Part 9A (public cyclone shelters) was added in 2023, and the private certification endorsement provisions in section 84 have been repeatedly amended and extended (now running until 2027). The transitional provisions in Part 11 now span multiple amendment regulations and include complex grandfathering arrangements for existing licences and completed courses."},"complexity_factors":["Extensive cross-referencing to the Building Act 1975, Planning Act 2016, QBCC Act, and other legislation","Multiple defined terms with nested definitions (e.g., 'competent person' splits into two sub-types)","Numerous conditional exceptions and carve-outs (e.g., cladding exclusions, insurance exemptions for government employees)","Detailed prescriptive requirements with specific measurements (e.g., smoke alarm placement within 100-300mm from ceiling)","Transitional provisions spanning multiple amendment regulations with overlapping time periods","Demerit point system for pool safety inspectors with complex accumulation and notification rules","Multiple schedules referenced but not included in the extract","Conditional logic based on building classes (Class 1a, Class 2, Class 10) and building types","Sunsetting provisions for cladding-related exemptions with multiple extension dates"],"plain_english_summary":"This is Queensland's **Building Regulation 2021**, which sets out detailed rules for how buildings must be constructed, inspected, and certified in the state. Think of it as the operational manual that brings the Building Act 1975 to life.\n\n**What it covers:**\n\n- **Accepted development** — Lists building work that doesn't need full approval (like minor work), except for cladding changes on external walls\n- **Local planning controls** — Lets councils designate bushfire-prone areas and flood hazard areas, and set design rules for houses\n- **Smoke alarms** — Mandates photoelectric, hardwired, interconnected smoke alarms in every bedroom of new homes\n- **Swimming pool safety** — Requires resuscitation signs, warning signs during construction, and regulates pool safety inspectors through a demerit point system\n- **Competent persons** — Sets rules for who can help building certifiers with design work or inspections\n- **Building inspections** — Prescribes exactly when inspections must happen during construction (footings, slabs, framing, final completion)\n- **Certificates** — Governs who can issue what certificates, including QBCC licensee certificates and competent person certificates\n- **Public cyclone shelters** — New rules (added 2023) for identifying buildings that can be used as cyclone shelters\n- **Professional standards** — Sets insurance requirements for private certifiers and pool safety inspectors\n\n**Who it affects:** Builders, building certifiers (council and private), pool safety inspectors, local governments, homeowners, and anyone involved in construction or property sales in Queensland.\n\n**Why it matters:** This regulation touches almost every building project in Queensland. It determines whether your house needs a smoke alarm in each bedroom, whether your pool inspector can keep their licence, and whether your builder can get approval to pour concrete. The 2021 version replaced the 2006 regulation with updated safety standards, particularly around cladding, smoke alarms, and professional accountability."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This Regulation continues some prior obligations but also changes scope in identifiable ways. It continues combustible‑cladding obligations from the expired regulation (sec 95) and preserves proceedings under that former part (sec 96). It formalises new identification and certification for public cyclone shelters (secs 78A–78D). It prescribes a CPD and demerit regime for pool safety inspectors, including 4–6 CPD points (sec 16), at least 1 CPD point per activity and commissioner approval of activities (sec 17), and allocation/notice procedures and the 16‑point disciplinary threshold (secs 19–25). It imposes minimum professional indemnity terms and monetary limits for pool safety inspectors and private certifiers (sec 32; sec 84) and extends transitional exempted‑licence rules for private certifiers (sec 104). Decision‑makers and who pays: local governments decide hazard designations and must keep maps/registers (secs 7–8); the QBCC commissioner approves CPD and allocates demerit points (secs 17, 20) and may vary practices (sec 27); building certifiers decide who is a competent person and must keep records and make inspection decisions (secs 34, 36, 51). Behavioural effects and compliance costs: builders/owners must install specified smoke alarms (sec 11) and display pool signage (secs 13–14); pool safety inspectors must meet CPD, insurance and can accrue demerit points (secs 16, 32, 19–25); certifiers and QBCC licensees face insurance, certification and record‑keeping obligations (secs 70, 77, 84). Penalties and enforcement are explicit (e.g. false or misleading competent person or QBCC licensee documents attract up to 100 penalty units — secs 40 and 71; inspection/notification failures carry penalties at secs 31, 48–50, 59)."},"complexity_factors":["Extensive cross-references to the Building Act, BCA and QDC throughout (e.g. sec 4, sec 6) increasing legal interdependence.","Delegation and discretion split between QBCC commissioner, building certifiers and local governments (see sec 17, sec 34, secs 7–8).","Multiple technical standards and mandatory specifications (smoke alarms: sec 11–12; pool signage: sec 13–14; CodeMark conformity: sec 78).","New regulatory regimes with procedural detail: pool safety CPD and demerit scheme (secs 16–25) and competent person framework (secs 33–40, 72–77).","Inspection and certification rules that prescribe stages, notices and who may sign certificates (secs 44–56, 68–76).","Prescribed insurance and indemnity requirements for inspectors and private certifiers with dollar minima (secs 32, 84).","Numerous record‑keeping and procedural obligations (e.g. 7‑year retention for competent person records: sec 36) that raise compliance costs.","Multiple penalties and review rights (e.g. false documents penalties sec 40/71; reviewable commissioner decisions sec 20/22) creating enforcement complexity.","Transitional and saving provisions preserving prior obligations and extending exemptions (secs 95–105), complicating the temporal scope of duties."],"plain_english_summary":"This Regulation sets detailed technical and administrative rules for building work in Queensland: what counts as accepted development, local government powers to designate bushfire and flood hazard areas, mandatory smoke-alarm standards for new domestic dwellings, and extensive rules for pool safety, inspections, competent persons, certificates and fees. It affects builders, building certifiers, QBCC licensees, pool safety inspectors and local governments by prescribing required equipment, inspections, insurance and record-keeping, and attaching penalties for non‑compliance."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulation's title and general framing suggest a broad building regulation consolidating existing rules. However, the inclusion of highly specific provisions — particularly the detailed smoke alarm technology requirements (mandating photoelectric over ionisation sensors, hardwiring, and interconnection) and the extensive pool safety inspector demerit and CPD (continuing professional development) regime — indicates the regulation goes beyond purely administrative or procedural matters to actively set public safety policy and professional licensing standards. The explicit carve-out for cladding alterations from self-assessable development also reflects a specific post-Grenfell fire safety policy intervention that expands the regulation's scope beyond routine building process administration."},"complexity_factors":["Extensively cross-references the parent Building Act (with numerous specific section numbers like s 21, s 231D, s 246BN etc.), making it impossible to fully understand without reading that Act","Multiple external technical standards incorporated by reference (BCA, QDC parts 1.1, 1.2, 3.4, 3.5, AS 3786–2014, ANZCOR guidelines) that are not reproduced in the regulation","Layered regulatory architecture: the regulation sits under the Building Act, which interacts with the Planning Act, the Planning Regulation 2017, and the QBCC Act — all of which are relevant","Multiple building classification categories (Class 1a, 1b, 2, 10 etc.) derived from the BCA, requiring knowledge of that separate national code to understand scope","Demerit point system for pool safety inspectors involves multi-step procedural rules with specific timeframes, review rights, and interaction with tribunal processes","Smoke alarm and pool safety provisions impose technical measurement requirements (exact millimetre distances for placement) that require careful reading to apply correctly","Local government discretionary powers (flood/bushfire designations) create geographic variability — what applies depends on where your property is located","Competent person framework involves nuanced distinctions between 'design-specification' and 'inspection' help, with different eligibility rules for each","Professional indemnity insurance requirements involve detailed insurance law concepts including reinstatement, indemnity limits, and run-off cover","The truncated content (regulation continues beyond what was provided) suggests additional complexity not captured in this analysis"],"plain_english_summary":"The Queensland Building Regulation 2021 sets detailed rules for how buildings are designed, built, inspected and certified across the state. It affects homeowners, buyers, builders, certifiers, pool owners, pool inspectors and local councils by defining what work can be self‑assessed, mapping flood and bushfire risk zones, tightening smoke‑alarm and pool‑safety rules (and inspector penalties), requiring staged inspections and use of “competent persons,” and creating a supervised cadet pathway for future certifiers."}},"importantCases":[],"_links":{"self":"/api/acts/building-regulation-2021","history":"/api/acts/building-regulation-2021/history","analysis":"/api/acts/building-regulation-2021/analysis","conflicts":"/api/acts/building-regulation-2021/conflicts","importantCases":"/api/acts/building-regulation-2021/important-cases","documents":"/api/acts/building-regulation-2021/documents"}}