sec.115Compliance with relevant BCA and QDC provisions for occupation and use of building

### sec.115 Compliance with relevant BCA and QDC provisions for occupation and use of building A person must not, unless the person has a reasonable excuse, occupy or use a building if the building does not comply with the following for the occupation or use— any relevant BCA provisions for its class of building; any relevant QDC provisions for the building. Maximum penalty—165 penalty units. This provision is an executive liability provision—see section 257 . Subsection (3) applies if, under a performance requirement for a building under any relevant BCA provisions for its class of building or any relevant QDC provisions for the building, a person must carry out work to maintain the building for occupation and use. The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—165 penalty units. For subsections (1) and (2) , the relevant BCA provisions for the class of building and the relevant QDC provisions for the building are— if there is a building development approval for the building, the provisions of the BCA for the class and the provisions of the QDC for the building in force— generally—when the approval was granted; or if, under this Act, the provisions as they were in force at an earlier time applied to building assessment work for the approval—at the earlier time; or otherwise, any provisions of the BCA for the class and the provisions of the QDC for the building in force when building work for the building started. However, the provisions are subject to— any variation of them under this Act; and any local law or local planning instrument that, under this Act, applied to the building work for the building. To remove any doubt, it is declared that subsections (1) and (2) apply even if a building development approval for the building is contrary to the provisions mentioned in the subsections. s 115 ins 2006 No. 36 s 5 amd 2009 No. 51 s 20 ; 2013 No. 5 s 94 sch ; 2013 No. 51 s 229 sch 1 (sec.115-ssec.1) A person must not, unless the person has a reasonable excuse, occupy or use a building if the building does not comply with the following for the occupation or use— any relevant BCA provisions for its class of building; any relevant QDC provisions for the building. Maximum penalty—165 penalty units. This provision is an executive liability provision—see section 257 . (sec.115-ssec.2) Subsection (3) applies if, under a performance requirement for a building under any relevant BCA provisions for its class of building or any relevant QDC provisions for the building, a person must carry out work to maintain the building for occupation and use. (sec.115-ssec.3) The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—165 penalty units. (sec.115-ssec.4) For subsections (1) and (2) , the relevant BCA provisions for the class of building and the relevant QDC provisions for the building are— if there is a building development approval for the building, the provisions of the BCA for the class and the provisions of the QDC for the building in force— generally—when the approval was granted; or if, under this Act, the provisions as they were in force at an earlier time applied to building assessment work for the approval—at the earlier time; or otherwise, any provisions of the BCA for the class and the provisions of the QDC for the building in force when building work for the building started. (sec.115-ssec.5) However, the provisions are subject to— any variation of them under this Act; and any local law or local planning instrument that, under this Act, applied to the building work for the building. (sec.115-ssec.6) To remove any doubt, it is declared that subsections (1) and (2) apply even if a building development approval for the building is contrary to the provisions mentioned in the subsections. - (a) any relevant BCA provisions for its class of building; - (b) any relevant QDC provisions for the building. - (a) if there is a building development approval for the building, the provisions of the BCA for the class and the provisions of the QDC for the building in force— (i) generally—when the approval was granted; or (ii) if, under this Act, the provisions as they were in force at an earlier time applied to building assessment work for the approval—at the earlier time; or - (i) generally—when the approval was granted; or - (ii) if, under this Act, the provisions as they were in force at an earlier time applied to building assessment work for the approval—at the earlier time; or - (b) otherwise, any provisions of the BCA for the class and the provisions of the QDC for the building in force when building work for the building started. - (i) generally—when the approval was granted; or - (ii) if, under this Act, the provisions as they were in force at an earlier time applied to building assessment work for the approval—at the earlier time; or - (a) any variation of them under this Act; and - (b) any local law or local planning instrument that, under this Act, applied to the building work for the building.