Preliminary

sec.1 Short title

This regulation may be cited as the Building Regulation 2021 .

sec.2 Commencement

This regulation commences on 1 September 2021.

sec.3 Definitions

The dictionary in schedule 10 defines particular words used in this regulation.

Declared accepted development

sec.4 Building work declared to be accepted development for Planning Act — Act , s 21

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. The building work mentioned in schedule 1 must comply with the relevant provisions within the meaning of section 21 (5) of the Act . (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. (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 .

• (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
• (b) the building work mentioned in schedule 2 is prescribed.

Matters for local laws, local planning instruments or resolutions

sec.5 Operation of part

This part prescribes, for section 32 (a) and (b) of the Act — the matters that a local planning instrument may designate for the BCA or QDC; and the aspects of, or matters related or incidental to, building work that may be the subject of a provision, or an amendment, of— a local law: or a planning scheme; or a resolution of a local government. 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. For public access to maps provided for under this part see the Planning Act , section 264 and the Planning Regulation 2017 , schedule 22 .

• (a) the matters that a local planning instrument may designate for the BCA or QDC; and
• (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.
• (i) a local law: or
• (ii) a planning scheme; or
• (iii) a resolution of a local government.
• (i) a local law: or
• (ii) a planning scheme; or
• (iii) a resolution of a local government.
• 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.
• 2 For public access to maps provided for under this part see the Planning Act , section 264 and the Planning Regulation 2017 , schedule 22 .

sec.6 Design and siting standards for single detached housing

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. 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. In this section— qualitative statement see section 33 (6) of the Act . quantifiable standard see section 33 (6) of the Act . (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. (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. (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 .

• (a) a single detached class 1 building; or
• (b) a class 10 building or structure located on the same allotment as a single detached class 1 building.
• (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;
• (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;
• (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.

sec.7 Designation of area prone to bush fire

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. 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. 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. 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. 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. (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. (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. (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. (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. (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.

• (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
• (i) show the designated bush fire prone areas; and
• (ii) state the date each area was designated as a bush fire prone area; and
• (b) ensure the maps are updated from time to time to show each designated bush fire prone area.
• (i) show the designated bush fire prone areas; and
• (ii) state the date each area was designated as a bush fire prone area; and

sec.8 Designation of area liable to flooding

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. 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. 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. 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 . 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 . (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. (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. (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. (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 . (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 .

• (a) designate all or part of its area as a flood hazard area; and
• (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.
• (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.
• (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.
• (a) a State planning policy; and
• (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.
• (a) each flood hazard area designated by the local government; and
• (b) the date each area was designated as a flood hazard area.

Smoke alarms for domestic dwellings

sec.9 Application of part

This part applies to a building development application for the construction of a domestic dwelling. 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. (sec.9-ssec.1) This part applies to a building development application for the construction of a domestic dwelling. (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.

• (a) this part; and
• (b) the requirements relating to smoke alarms for a domestic dwelling under the BCA.

sec.10 Definition for part

In this part— domestic dwelling means either— a class 1a building; or a sole-occupancy unit in a class 2 building.

• (a) a class 1a building; or
• (b) a sole-occupancy unit in a class 2 building.

sec.11 Installation of smoke alarm

A smoke alarm must be installed in each bedroom of the domestic dwelling in a place that complies with section 12 . 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. 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. 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. If the BCA is inconsistent with this section, this section prevails to the extent of the inconsistency. (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 . (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. (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. (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. (sec.11-ssec.5) If the BCA is inconsistent with this section, this section prevails to the extent of the inconsistency.

• (a) must comply with AS 3786–2014; and
• (b) must contain a photoelectric sensor and not an ionisation sensor; and
• (c) must be hardwired to the domestic dwelling’s electricity supply; and
• (d) must be interconnected to every other smoke alarm installed in the dwelling.
• (a) the first smoke alarm sounds an alert if the other smoke alarm is activated because its sensor detects smoke; and
• (b) the other smoke alarm sounds an alert if the first smoke alarm is activated because its sensor detects smoke.

sec.12 Placement of smoke alarm

For each bedroom of a domestic dwelling a smoke alarm— must be installed— if it is practicable to mount the smoke alarm on a ceiling—on the ceiling; or 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 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 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 must not be installed— within 300mm of a light fitting; and if the smoke alarm is installed on a ceiling—within 300mm of a corner of the ceiling and a wall; and 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 within 400mm of an opening from which air is supplied from an air conditioner or forced air ventilation; and within 400mm of the blades of a ceiling fan.

• (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
• (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
• (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
• (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.
• (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.
• (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
• (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.

Swimming pool safety

Use and display of resuscitation signs and warning signs

sec.13 Resuscitation signs— Act , s 231D

This section prescribes a standard for section 231D (1) (b) of the Act . A sign complying with subsection (3) (a resuscitation sign ) must be displayed at a regulated pool. 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. 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. (sec.13-ssec.1) This section prescribes a standard for section 231D (1) (b) of the Act . (sec.13-ssec.2) A sign complying with subsection (3) (a resuscitation sign ) must be displayed at a regulated pool. (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. (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.

• (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
• (b) be at least 300mm x 300mm in size; and
• (c) be made of durable and weatherproof material; and
• (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.’
• (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.
• (a) be clear and legible; and
• (b) be made by using a material that is durable and weatherproof.

sec.14 Warning signs for constructing regulated pool— Act , s 233

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. The lettering of the warning mentioned in subsection (1) (a) must be at least 50mm in height and in a bold style. 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. Nothing in this section prevents the warning from including a reference to any other matter. 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. (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. (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. (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. (sec.14-ssec.4) Nothing in this section prevents the warning from including a reference to any other matter. (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.

• (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.’
• (i) a swimming pool is under construction on the land; and
• (ii) there is a potential danger to young children accessing the land; and
• (b) subject to subsection (3) —be placed on, or within 1.5m of, the road frontage for the land; and
• (c) be mounted so that the bottom of the sign is at least 300mm above ground level; and
• (d) be positioned so that it is visible from the road; and
• (e) be made of durable and weatherproof material.
• (i) a swimming pool is under construction on the land; and
• (ii) there is a potential danger to young children accessing the land; and
• (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
• (b) otherwise—the boundary between the land and any road adjoining the land.

Pool safety inspectors

sec.15 Definitions for subdivision

In this subdivision— activity — 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 does not include work experience, unless the work experience is gained while the person is employed by the State or a local government. CPD activity mean an activity approved by the QBCC commissioner under section 17 (1) .

• (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
• (b) does not include work experience, unless the work experience is gained while the person is employed by the State or a local government.

sec.16 Continuing professional development for renewal or restoration of licence— Act , ss 246BN and 246BR

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. For subsection (1) , a person accumulates CPD points by— completing CPD activities; or holding membership of a body mentioned in schedule 6 , column 1. (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. (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.

• (a) if the person is a building certifier—4 CPD points;
• (b) otherwise—6 CPD points.
• (a) completing CPD activities; or
• (b) holding membership of a body mentioned in schedule 6 , column 1.

sec.17 CPD activities and CPD points

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. 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. The QBCC commissioner must award at least 1 CPD point to be accumulated for each CPD activity a person undertakes. 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. 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. (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. (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. (sec.17-ssec.3) The QBCC commissioner must award at least 1 CPD point to be accumulated for each CPD activity a person undertakes. (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. (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.

• (a) a list of CPD activities; and
• (b) the number of CPD points awarded for completion of each CPD activity.
• (a) the quality of the CPD activity;
• (b) the topics covered by the CPD activity;
• (c) the extent to which the CPD activity is relevant to a pool safety inspection function or matters incidental to the function.

sec.18 Definitions for subdivision

In this subdivision— accumulation period , in relation to the accumulation of demerit points, means within a continuous period of 3 years. demerit contravention , by a pool safety inspector, means a contravention of a requirement imposed under a relevant provision. demerit point means a demerit point allocated to a pool safety inspector by the QBCC commissioner under this division for a demerit contravention. relevant provision means any of the following provisions of the Act — section 246AA (2) ; section 246AB (2) ; section 246AC (2) ; section 246AC (4) ; section 246AD (2) ; section 246AJ (4) ; section 246AM (2) ; section 246AV .

• (a) section 246AA (2) ;
• (b) section 246AB (2) ;
• (c) section 246AC (2) ;
• (d) section 246AC (4) ;
• (e) section 246AD (2) ;
• (f) section 246AJ (4) ;
• (g) section 246AM (2) ;
• (h) section 246AV .

sec.19 Prescribed demerit points— Act , s 246CG and sch 2 , definition ground for disciplinary action

For 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.

sec.20 Allocation of demerit points for demerit contraventions

This section applies if a pool safety inspector commits a demerit contravention. The QBCC commissioner may allocate 2 demerit points under this division to the pool safety inspector for the demerit contravention. 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 . (sec.20-ssec.1) This section applies if a pool safety inspector commits a demerit contravention. (sec.20-ssec.2) The QBCC commissioner may allocate 2 demerit points under this division to the pool safety inspector for the demerit contravention. (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 .

sec.21 When demerit points takes effect

Allocated demerit points take effect on— 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 otherwise—the day after the last day on which the pool safety inspector was required to comply with the relevant provision.

• (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
• (b) otherwise—the day after the last day on which the pool safety inspector was required to comply with the relevant provision.

sec.22 QBCC commissioner must notify pool safety inspector

This section applies if the QBCC commissioner allocates demerit points to a pool safety inspector under section 20 . 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 . The notice must include an information notice about the commissioner’s decision to allocate the demerit points. (sec.22-ssec.1) This section applies if the QBCC commissioner allocates demerit points to a pool safety inspector under section 20 . (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 . (sec.22-ssec.3) The notice must include an information notice about the commissioner’s decision to allocate the demerit points.

• (a) the number of demerit points allocated;
• (b) the details of the demerit contravention for which the demerit points have been allocated;
• (c) the date the demerit points were allocated;
• (d) the date the demerit points took effect;
• (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 .
• (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 .
• (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 .
• (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 .
• (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 .
• (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 .

sec.23 If pool safety inspector accumulates 16 demerit points

This section applies if a pool safety inspector accumulates 16 demerit points in an accumulation period. 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. The stated period must end at least 28 days after the pool safety inspector is given the notice. The commissioner must consider a submission made by the pool safety inspector within the stated period. (sec.23-ssec.1) This section applies if a pool safety inspector accumulates 16 demerit points in an accumulation period. (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. (sec.23-ssec.3) The stated period must end at least 28 days after the pool safety inspector is given the notice. (sec.23-ssec.4) The commissioner must consider a submission made by the pool safety inspector within the stated period.

• (a) that the inspector has accumulated 16 demerit points in the accumulation period;
• (b) the details of each demerit contravention for which the demerit points have accumulated;
• (c) the dates the points were allocated;
• (d) the dates the points took effect;
• (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;
• (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;
• (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.
• (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;

sec.24 QBCC commissioner may take no further action

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 . 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 . (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 . (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 .

sec.25 When QBCC commissioner must issue further notice

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) . 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 . The notice must include an information notice about the commissioner’s decision. (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) . (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 . (sec.25-ssec.3) The notice must include an information notice about the commissioner’s decision.

• (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
• (b) the pool safety inspector does not make a submission under section 23 (2) (f) .
• (a) that the commissioner has decided the inspector has accumulated 16 demerit points in the accumulation period;
• (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 .
• (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 .
• (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 .
• (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 .
• (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 .
• (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 .

Miscellaneous

sec.26 Prescribed local government— Act , s 246ACA , definition prescribed local government

For section 246ACA (2) of the Act , definition prescribed local government , a local government mentioned in schedule 3 is prescribed.

sec.27 Matters for regulated pools register— Act , s 246AS

For section 246AS (3) (c) of the Act , each of the following matters are prescribed— whether, under section 14 (4) (b) of the Act , a performance solution has been used for the barriers for the regulated pool; 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; 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; 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; if, under section 246AN of the Act , a building certificate applies to the regulated pool— the date the certificate was given; and 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.

• (a) whether, under section 14 (4) (b) of the Act , a performance solution has been used for the barriers for the regulated pool;
• (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;
• (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;
• (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;
• (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.
• (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.
• (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.

sec.28 Notification requirements for sale of regulated premises— Act , s 246ATM

For 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. Maximum penalty—20 penalty units.

sec.29 Approved code of conduct for pool safety inspector— Act , s 246BA

For 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.

sec.30 Minor repairs— Act , s 246BE

For section 246BE (1) of the Act , the repairs mentioned in schedule 4 are prescribed. See 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 .

sec.31 Inspection of particular repairs, maintenance or other works

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. 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. (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. (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.

• (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
• (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) .

sec.32 Professional indemnity insurance— Act , sch 2 , definition prescribed professional indemnity insurance

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. 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) . 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. 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 . (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. (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) . (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. (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 .

• (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;
• (b) indemnity for costs and expenses incurred with the consent of the insurer for defending or settling a claim;
• (c) no exclusion or special limitation for personal injury or property damage;
• (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;
• (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;
• (f) at least 1 automatic reinstatement of indemnity;
• (g) indemnity for negligent performance of a pool safety inspection function, other than for claims for fraudulent or illegal acts or omissions;
• (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.
• (a) a local government;
• (b) the State;
• (c) the Commonwealth;
• (d) the Queensland Building and Construction Employing Office established under the Queensland Building and Construction Commission Act 1991 , section 29A .

Competent persons

Preliminary

sec.33 Definitions for part

In this part— competent person means— a competent person (design-specification); or a competent person (inspection). competent person (design-specification) means an individual that a building certifier decides, under section 34 , is competent to give the certifier design-specification help. competent person (inspection) means an individual that a building certifier decides, under section 34 , is competent to give the certifier inspection help. design-specification help means help in performing a building certifying function for building design or specification for building assessment work. inspection help means help in performing a building certifying function for the inspection of assessable building work.

• (a) a competent person (design-specification); or
• (b) a competent person (inspection).

General

sec.34 Building certifier may decide who is competent person

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. 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. The building certifier may decide an individual is a competent person (inspection), on and from the day the certifier made the decision. The building certifier may decide an individual is, or has been, a competent person (design-specification), on and from a particular day. 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. A building certifier must have regard to the competent person assessment guidelines in making a decision under this section. 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. (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. (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. (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. (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. (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. (sec.34-ssec.6) A building certifier must have regard to the competent person assessment guidelines in making a decision under this section. (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.

• (a) design-specification help or inspection help generally; or
• (b) design-specification help or inspection help limited to a particular aspect of design-specification help or inspection help; or
• (c) design-specification help or inspection help for particular assessable building work.
• (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
• (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
• (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.
• (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

sec.35 Restriction on deciding whether individual is a competent person (inspection) for particular work for single detached class 1a building

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. 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. (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. (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.

• (a) reinforcement of footing system work for a single detached class 1a building;
• (b) formwork and reinforcement for a slab for a single detached class 1a building.

sec.36 Building certifier’s obligation to keep record of decision

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. The certifier must keep the record for least 7 years from the day the decision was made. Maximum penalty—20 penalty units. (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. (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.

• (a) the competent person’s name;
• (b) the matters for which the person was decided to be a competent person;
• (c) the day the decision was made;
• (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;
• (e) details of the documents or information relied on by the certifier to make the decision;
• (f) the certifier’s reasons for the decision.

sec.37 Competent person assessment guidelines

If, 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— the matters the building certifier must consider in making the decision; and 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.

• (a) the matters the building certifier must consider in making the decision; and
• (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.

Restrictions on competent persons

sec.38 General restrictions

Only a competent person (design-specification) may give design-specification help. Only a competent person (inspection) may give inspection help. (sec.38-ssec.1) Only a competent person (design-specification) may give design-specification help. (sec.38-ssec.2) Only a competent person (inspection) may give inspection help.

sec.39 Restrictions on giving inspection help

This section applies to assessable building work for a building of any class. 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. 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. (sec.39-ssec.1) This section applies to assessable building work for a building of any class. (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. (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.

• (a) is the builder for the work; or
• (b) has carried out building work for any aspect of the stage.

sec.40 Competent person must not give false or misleading documents

A 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. Maximum penalty—100 penalty units.

Cadet building certifiers

sec.41 Appointment of cadet building certifier

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. 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. (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. (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.

• (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
• (b) the period of employment mentioned in paragraph (a) was completed not more than 6 months before the appointment; and
• (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.

sec.42 Role of cadet building certifier and supervising certifier

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. 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. 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. (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. (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. (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.

sec.43 Application of part 6 to cadet building certifier

A building certifier may, under part 6 , decide that a cadet building certifier is a competent person. 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. (sec.43-ssec.1) A building certifier may, under part 6 , decide that a cadet building certifier is a competent person. (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.

• (a) the cadet building certifier’s supervising certifier; or
• (b) the cadet building certifier’s employer; or
• (c) employed by the same employer as the cadet building certifier.

Inspections of assessable building work

Building certifier inspections

sec.44 Stages of assessable building work— Act , schedule 2 , definition stage

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. 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. In this section— temporary fence means a temporary fence that complies with the QDC part 3.4 . (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. (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. (sec.44-ssec.3) In this section— temporary fence means a temporary fence that complies with the QDC part 3.4 .

• (a) all stages at which the building development approval states the work must be inspected;
• (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;
• (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;
• (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;
• (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;
• (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.
• (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
• (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.
• (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;
• (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
• (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.
• (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

sec.45 Local government may exempt particular assessable building work from particular stages of inspection

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. However, the resolution may be made only if the local government is satisfied the exemption will not adversely affect public safety. (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. (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.

• (a) is, or is an alteration to, a single detached class 1a building or a class 10 building or structure; and
• (b) is not for a swimming pool or fencing around the swimming pool.

sec.46 Who can sign particular certificates of inspection

This section applies for assessable building work for a single detached class 1a building or a class 10 building or structure. 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. 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) . s 46 amd 2022 SL No. 57 s 3 (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. (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. (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) .

• (a) after excavation of foundation material and before the concrete for the footings, or slab, for the building or structure is poured;
• (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;
• (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;
• (d) the final stage of the work.

sec.47 Inspection guidelines

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. 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. (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. (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.

• (a) the aspects or items that make up the completion of assessable building work or a particular stage of assessable building work; and
• (b) ways of inspecting building work; and
• (c) ways of certifying building work.

sec.48 Builder’s obligation to give notice for inspection at completion of stage

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 . 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. The notice for inspection may be given in writing or orally. 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. (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 . (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. (sec.48-ssec.3) The notice for inspection may be given in writing or orally. (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.

sec.49 Prohibition on further building work until certificate of inspection given

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. 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. (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. (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.

sec.50 Notifying QBCC if notice for inspection not given

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. 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. (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. (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.

• (a) a builder for assessable building work is a licensed builder; and
• (b) the builder does not give a notice for inspection for a stage of the work.

sec.51 Arranging inspection

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. 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. The inspecting person must not unreasonably refuse to inspect the stage of the assessable building work at the time agreed under subsection (2) . (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. (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. (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) .

• (a) the relevant certifier or another building certifier;
• (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.
• (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.
• (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.

sec.52 Inspection procedure

This section applies if an inspecting person inspects a stage of assessable building work. 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. 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. 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) . 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. s 52 amd 2022 SL No. 57 s 4 (sec.52-ssec.1) This section applies if an inspecting person inspects a stage of assessable building work. (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. (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. (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) . (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.

sec.53 Certificate of inspection

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. 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 . (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. (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 .

• (a) has complied with section 52 for a stage of assessable building work; and
• (b) is satisfied all relevant aspects of the stage have been completed and comply with the building development approval for the work.
• (a) in the approved form; and
• (b) signed by the inspecting person; and
• (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.
• (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.
• (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.
• 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.
• 2 For final inspection certificates and the giving of inspection documentation see chapter 5 , part 1 and section 124 of the Act .

sec.54 Noncompliance notice

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. 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. 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. 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. (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. (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. (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. (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.

• (a) has complied with section 52 for a stage of assessable building work; and
• (b) is not satisfied all relevant aspects of the stage have been completed and comply with the building development approval for the work.
• (a) the stage of the work does not comply with the building development approval; and
• (b) how the stage does not comply with the approval; and
• (c) the work required to ensure the stage complies with the approval.
• (a) in the approved form; and
• (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.
• (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.
• (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.
• (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
• (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.

sec.55 Builder’s obligation to ensure stage complies with development approval

If a builder for assessable building work is given a noncompliance notice for a stage, the builder must— perform the work, as stated in the notice, required to ensure the stage complies with the building development approval; and after complying with paragraph (a) —give the building certifier a notice for inspection for the stage. For the relevant appeal right, see the Planning Act , chapter 6 , part 1 and schedule 1 .

• (a) perform the work, as stated in the notice, required to ensure the stage complies with the building development approval; and
• (b) after complying with paragraph (a) —give the building certifier a notice for inspection for the stage.

sec.56 Consequences of builder not complying with obligation

This section applies if a builder for assessable building work does not comply with section 55 . 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. 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. In this section— issuing authority means the person who issued the building development approval. (sec.56-ssec.1) This section applies if a builder for assessable building work does not comply with section 55 . (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. (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. (sec.56-ssec.4) In this section— issuing authority means the person who issued the building development approval.

• (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
• (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.

sec.57 Application of subdivision 

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. 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. (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. (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.

• (a) a building development approval is given for pool work; and
• (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.
• (a) the building certifier for the pool work; or
• (b) if the building certifier for the pool work is a local government building certifier—the local government.

sec.58 Definitions for subdivision

In this subdivision— inspection day means— for a building development approval that is only for the pool work—the earlier of the following days— the day that is 6 months after the building development approval is given; the day that is 2 weeks before the building development approval lapses; or 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— the day that is 2 years after the building development approval is given; the day that is 2 weeks before the building development approval lapses. pool work means building work that is the construction of, or alteration to, a regulated pool or its fencing. relevant land means the land on which the regulated pool or its fencing is, or is intended to be, constructed.

• (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
• (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
• (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.
• (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.
• (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
• (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.

sec.59 Building certifier’s obligation to inspect

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. 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. (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. (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.

sec.60 Obligations after inspection

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. 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. 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. However, subsection (3) does not apply if the inspecting certifier is a local government building certifier. (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. (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. (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. (sec.60-ssec.4) However, subsection (3) does not apply if the inspecting certifier is a local government building certifier.

sec.61 Delaying inspection in particular circumstances

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 ). The later inspection day must be before the building development approval lapses. 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. If the building certifier receives a deferral notice, the building certifier is not required to inspect the pool work before the later inspection day. 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. Sections 59 (2) and 60 apply in relation to an inspection mentioned in subsection (5) . (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 ). (sec.61-ssec.2) The later inspection day must be before the building development approval lapses. (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. (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. (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. (sec.61-ssec.6) Sections 59 (2) and 60 apply in relation to an inspection mentioned in subsection (5) .

sec.62 Inspections may be conducted without notice being given

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. Subsection (1) applies whether or not a notice for inspection has been given for the other stage of the work. (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. (sec.62-ssec.2) Subsection (1) applies whether or not a notice for inspection has been given for the other stage of the work.

• (a) the building certifier for the work;
• (b) another building certifier;
• (c) a competent person (inspection) that the building certifier for the work has decided may carry out the inspection.

Referral agency inspections

sec.63 Application of division

This division applies if— an entity was, for a building development application, a referral agency for aspects of the building work (the referral agency aspects ); and the building development approval for the application is granted; and 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.

• (a) an entity was, for a building development application, a referral agency for aspects of the building work (the referral agency aspects ); and
• (b) the building development approval for the application is granted; and
• (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.

sec.64 Notice to referral agency to inspect

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. 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. (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. (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.

• (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
• (b) does not apply in relation to building work the subject of a building development approval to which section 74 of the Act applies.
• (a) give the referral agency a notice to inspect the building work under the approval; and
• (b) give a copy of the notice to the building certifier.

sec.65 Referral agency’s decision about inspection

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 . 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. 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. 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. (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 . (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. (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. (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.

• (a) a notice to inspect under section 64 (2) ; or
• (b) a notice to inspect the installation of, or test, a special fire service under section 74 (2) of the Act .
• (a) inspect the work or inspect or test the service; and
• (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.
• (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.
• (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.

sec.66 Responding to notice given by referral agency

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) . 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 . (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) . (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 .

• (a) disagrees with the decision stated in the notice; and
• (b) within 5 business days after receiving the notice, the certifier gives the referral agency an information notice about the certifier’s disagreement.

sec.67 If notice not given by referral agency

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. 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. (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. (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.

• (a) 15 business days after the agency receives the notice to inspect; or
• (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.

Certificates

QBCC licensee certificates

sec.68 Application of division

This division applies if— building work is for a single detached class 1a building or a class 10 building or structure; and if work (the aspect work ) is carried out for an aspect of the building work; and waterproofing either— the aspect work is carried out by a QBCC licensee; or a QBCC licensee may give a QBCC licensee certificate for the aspect work.

• (a) building work is for a single detached class 1a building or a class 10 building or structure; and
• (b) if work (the aspect work ) is carried out for an aspect of the building work; and Example of aspect work— waterproofing
• (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.
• (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.
• (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.

sec.69 Definitions for division

In this division— QBCC licensee , for aspect work, means either— 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 for waterproofing—a waterproofing licence under the QBCC Regulation , schedule 2 , part 60 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. QBCC Regulation means the Queensland Building and Construction Commission Regulation 2018 .

• (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
• (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.

sec.70 QBCC licensee certificate

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. A QBCC licensee certificate must be in the approved form. In this section— relevant provisions see section 21 (5) of the Act . (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. (sec.70-ssec.2) A QBCC licensee certificate must be in the approved form. (sec.70-ssec.3) In this section— relevant provisions see section 21 (5) of the Act .

• (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
• (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
• (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.
• (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

sec.71 QBCC licensee must not give false or misleading QBCC licensee certificate

A QBCC licensee must not give a QBCC licensee certificate the licensee knows, or reasonably suspects, is false or misleading in a material particular. Maximum penalty—100 penalty units.

Competent person certificates

sec.72 Definitions for division

In this division— aspect inspection certificate see section 74 (1) . competent person certificate means— an aspect inspection certificate; or a design-specification certificate. design-specification certificate see section 73 .

• (a) an aspect inspection certificate; or
• (b) a design-specification certificate.

sec.73 Design-specification certificate

A 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.