236Application of requirements in the BCA Volume One relating to access to buildings for persons with disabilities

236 Application of requirements in the BCA Volume One relating to access to buildings for persons with disabilities (1) Subject to subregulation (4), if an existing building is to contain a new part that must comply with an access provision, any affected part of the building must be brought into conformity with that access provision. This provision aligns the operation of these Regulations (which incorporates the BCA Volume One) with the Disability (Access to Premises — Buildings) Standards 2010 of the Commonwealth. The Disability (Access to Premises−Buildings) Standards 2010 apply the requirements of the Access Code contained in those Standards (being building requirements relating to access to buildings and associated facilities and services for persons with a disability), not only to new parts of buildings but also to the affected parts of buildings that contain new parts. Affected parts of buildings may be in buildings that pre-date the commencement on 1 May 2011 of the access provisions in the BCA Volume One or they may be in buildings constructed after 1 May 2011. (2) An access provision that was not in force immediately before 1 May 2011 does not apply to building work carried out under a building permit in respect of which an application was made before 1 May 2011, whether the permit was issued before or after 1 May 2011. (3) Despite anything to the contrary in the BCA Volume One, an access provision does not apply to— (a) a new part of an existing Class 1b building if the Class 1b building— (i) has less than 4 bedrooms that are used for rental accommodation; and (ii) was constructed before 1 May 2011, or in respect of which an application for a building permit for construction was made before 1 May 2011; or (b) a new part of an existing Class 2 building if the Class 2 building was constructed before 1 May 2011, or in respect of which an application for a building permit for construction was made before 1 May 2011; or (c) the internal parts of a sole-occupancy unit in a Class 2 building; or (d) a Class 4 building; or (e) a Class 10 building or a new part of a Class 10 building that is associated with— (i) a Class 1a building; or (ii) a Class 4 part of a building. (4) Despite anything to the contrary in the BCA Volume One and subject to regulation 234— (a) an access provision does not apply to an affected part of an existing building if— (i) parts of the existing building are leased to different persons; and (ii) one of the persons is responsible for building work to be carried out in respect of the new part of the building; and (iii) the new part of the building is leased to that person; and Reg. 236(4)(b) amended by S.R. No. 102/2023 reg. 19(1). (b) the deemed-to-satisfy provisions contained in clause E3D8 in the BCA Volume One requiring a passenger lift, which travels more than 12 metres, to have a lift floor dimension of not less than 1400 mm x 1600 mm does not apply if the passenger lift— (i) is an existing passenger lift; and (ii) is located in a new part or an affected part of an existing building; and (iii) has a lift floor dimension of not less than 1100 mm x 1400 mm; and Reg. 236(4)(c) amended by S.R. Nos 40/2019 reg. 24, 102/2023 reg. 19(2). (c) the deemed-to-satisfy provisions in contained in clauses F4D5(c) and F4D5(e) in the BCA Volume One do not apply to an existing accessible sanitary compartment or an existing sanitary compartment suitable for a person with a disability to the extent that the requirements require a sanitary compartment to comply with AS 1428.1—2009 Design for access and mobility Part 1: General requirements for access—New building work published on 27 November 2009, as incorporated for the time being by the BCA Volume One, if the existing sanitary compartment— (i) is located in a new part or an affected part of an existing building; and (ii) complies with AS 1428.1—2001 Design for access and mobility Part 1: General requirements for access—New building work published on 5 June 2001. (5) In this regulation— Reg. 236(5) def. of *access provision* amended by S.R. No. 102/2023 reg. 19(3). ***access provision*** means— (a) a performance requirement— (i) that is contained in Section D, Part E3 or Part F4 of the BCA Volume One; and (ii) in respect of which there is an equivalent performance requirement contained in the Access Code within the meaning of the Disability (Access to Premises−Buildings) Standards 2010 of the Commonwealth; and The Disability (Access to Premises− Buildings) Standards 2010 of the Commonwealth is available from the Australian Government Federal Register of Legislation website at www.legislation.gov.au. (iii) to the extent that the performance requirement relates to the provision of access to buildings, and facilities and services within buildings, for persons with disabilities; and (b) a provision of a document applied, adopted or incorporated by reference in a performance requirement referred to in paragraph (a); ***affected part*** in relation to an existing building that is to contain a new part means— (a) the principal pedestrian entrance of the building; and (b) any part of the building that is necessary to provide a continuous accessible path of travel from the principal pedestrian entrance to the proposed new part; ***new part*** in relation to an existing building means a part of that building that is to be altered, including an extension to the building, in respect of which an application for a building permit is made on or after 1 May 2011. Under section 160B of the Act, a person may apply on the ground of unjustifiable hardship to the Building Appeals Board for a determination that an access provision does not apply, or applies with specified modifications or variations, to a building or land. Division 4—General