Part 10Special provisions relating to buildings and building work

Part 10—Special provisions relating to buildings and building work 91—Interpretation council has the same meaning as in Part 11 of the Act. 92—Commission to act outside council areas Pursuant to section 145 of the Act, the Commission is prescribed for the purposes of the definition of council under that section. Division 2—Notifications 93—Notifications during building work (1) The following periods and stages are prescribed for the purposes of section 146(1) of the Act: (a) 1 business day's notice of the intended commencement of building work on the site; (b) in relation to the intended commencement of any stage of the building work specified by the council by notice to the building owner and to the licensed building work contractor responsible for carrying out the relevant building work (if any), when development approval is granted in respect of the work— (i) in the case of development being undertaken within Metropolitan Adelaide—1 business day's notice; and (ii) in the case of development being undertaken outside Metropolitan Adelaide—2 business day's notice; (c) in relation to the intended completion of any stage of the building work specified by the council by notice in writing to the building owner on the granting of development approval in respect of the work— (i) in the case of development being undertaken in an area that is not within the area of a council—5 business day's notice; and (ii) in any other case—1 business day's notice; (d) without limiting a preceding paragraph—1 business day's notice of any stage specified by a relevant authority when giving a building consent in respect of the building work under regulation 57; (e) without limiting a preceding paragraph—in relation to building work involving the use of a designated building product on a designated building, 1 business day's notice of the intended commencement of the installation of the designated building product; (f) 1 business day's notice of the intended completion of the building work. (2) A notice under subregulation (1)(a) must include— (a) the name, business address, email address, telephone number and builder's licence number of the licensed building work contractor responsible for carrying out the relevant building work (if any); and (b) the name, residential or business address, email address and telephone number of the persons who are proposed to sign the Statement of Compliance in accordance with regulation 104 (if relevant). (3) A notice by a person under subregulation (1) may be given— (a) by notice via the SA planning portal (and in accordance with any relevant requirements applying under Part 4 Division 2 of the Act); or (b) by telephone or email, using the main telephone number or email address (as the case may be) of the council; or (c) by leaving a written notice with a duly authorised officer of the council. (4) If a notice is given under subregulation (1)(e), the person who gives the notice must, within 1 business day after the notice is given, provide to the council a duly completed prescribed supervisor's checklist relating to the installation of the designated building product, signed by a registered building work supervisor. (4a) This regulation only applies to building work that constitutes development for the purposes of the Act. (5) A person who breaches a requirement under subregulation (1) or (4) is guilty of an offence. (6) In this regulation— prescribed supervisor's checklist means a checklist published by the Chief Executive on the SA planning portal for the purposes of subregulation (4). Division 3—Safety, health and amenity 94—Essential safety provisions (1) This regulation applies in relation to a building in which essential safety provisions are installed or required to be installed or to be inspected, tested or maintained under the Building Code or any former regulations under the Building Act 1971 or the Development Act 1993. (2) This regulation does not apply if the building is a Class 1a or 10 building under the Building Code. (3) In this regulation, a reference to maintenance in respect of essential safety provisions includes a reference to replacing the safety provisions, and to keeping records relating to the carrying out of maintenance work on the safety provisions. (4) A relevant authority or council must— (a) on granting a building consent in relation to the construction of a building to which this regulation applies; or (b) on the assignment of a change in the classification of a building to which this regulation applies in a case where there is no building work; or (c) on application by the owner of a building to which this regulation applies and payment of the prescribed fee; or (d) on issuing any other certification with respect to building work complying with the Building Rules in a case where this regulation applies, issue a schedule in the form determined by the Chief Executive for the purposes of this regulation and published on the SA planning portal that specifies— (e) the essential safety provisions for the building; and (f) the standards or other requirements for maintenance and testing in respect of each of those essential safety provisions as set out in any relevant Ministerial building standard. (5) A certificate of compliance must be provided for each essential safety provision that is specified under subregulation (4)(e). (6) A certificate of compliance must be in the form determined by the Chief Executive for the purposes of this regulation (being a form published by the Chief Executive on the SA planning portal). (7) A certificate of compliance— (a) must be provided on completion of the installation of the essential safety provision; and (b) must be signed by the person who installs the essential safety provision or, if the entity undertaking the installation is a company, by a manager or other person employed or engaged by the company who is responsible for managing the installation of the essential safety provision, in accordance with the requirements of the form; and (c) must be provided to— (i) the entity that will be issuing the certificate of occupancy for the relevant building; or (ii) if a certificate of occupancy is not to be issued, to the council for the area in which the building is situated or, if the building is outside the area of a council, to the Commission. (8) A certificate under subregulation (7)(c)(ii) must be provided within 20 business days after installation of the essential safety provision. (9) The owner of a building in relation to which a schedule of essential safety provisions has been issued must not use or permit the use of the building unless maintenance and testing have been carried out, on an annual basis (according to calendar years), in respect of each essential safety provision of the building in accordance with the relevant Ministerial building standard in order to ensure that the essential safety provision is continuing to perform at least to the standard that was required when the essential safety provision was installed. (10) The owner of a building to which subregulation (9) applies must, not later than 60 business days after the end of each calendar year, provide to the council adequate proof of the carrying out of maintenance and testing in respect of each relevant essential safety provision for that calendar year, as required under subregulation (9), by complying with the requirements of subregulation (11). (11) An owner complies with the requirements of this subregulation if a verification in the form determined by the Chief Executive for the purposes of this subregulation and published on the SA planning portal, signed in accordance with the requirements of the form, is provided to the council (or, if the building is outside the area of a council, to the Commission) verifying— (a) that maintenance and testing have been carried out in respect of the essential safety provisions of the building for the relevant calendar year as required under subregulation (9); and (b) that there are no outstanding defects or failures reducing the effectiveness of an essential safety provision to perform at least to the standard that was required when the essential safety provision was installed or, to the extent that any such defect or failure may exist, that specified steps are being taken to rectify the defect or failure. (12) Subregulation (10) does not apply if— (a) the building is a Class 1b building under the Building Code; or (b) the building is a Class 3, 4, 5, 6, 7, 8 or 9b building under the Building Code that does not have a rise in storeys exceeding 2 and does not have a floor area exceeding 500 m2, and the building is not subject to a requirement under subregulation (13). (13) Despite subregulation (12), the council may require compliance with subregulation (10) if— (a) the essential safety provisions were installed— (i) under a condition attached to a consent or approval that is expressed to apply by virtue of a variance with the performance requirements of the Building Code; or (ii) as part of a performance solution under the Building Code; or (b) the building has been the subject of a notice under section 157 of the Act. (14) A person who fails to comply with a requirement under subregulation (8), (9), (10) or (11) is guilty of an offence. (15) The owner of a building in relation to which a schedule of essential safety provisions has been issued must, within 48 hours after being requested to do so by an authorised officer, provide to the authorised officer, for inspection by the authorised officer, written proof that the maintenance and testing required under subregulation (9) have been carried out over a period, not exceeding 2 preceding calendar years, specified by the authorised officer. Maximum penalty: $2 500. 95—Fire safety requirements—smoke alarms in dwellings approved standard means— (a) Australian Standard 3786 (as in force from time to time); or (b) a Ministerial building standard published for the purposes of this regulation. (2) This regulation applies to Class 1 and 2 buildings under the Building Code (whenever constructed). (3) Subject to any other requirement in the Building Code, 1 or more smoke alarms complying with an approved standard must be installed in each dwelling that is, or forms part of, a building to which this regulation applies in locations that will provide reasonable warning to occupants of bedrooms in that dwelling so that they may safely evacuate in the event of fire. (4) If title of land on which a building to which this regulation applies is situated is transferred, then, within 6 months from the day on which title is transferred, each dwelling that is, or forms part of, the building must have a smoke alarm or smoke alarms in accordance with the requirements of subregulation (3) that are powered through a mains source of electricity (unless the building is not connected to a mains source of electricity) or powered by 10 year life non‑replaceable, non‑removable permanently connected batteries. (5) If a smoke alarm or smoke alarms are not installed in a building to which this regulation applies in accordance with the requirements of this regulation, the owner of the building is guilty of an offence. Maximum penalty: $750. Expiation fee: $150. (6) For the purposes of this regulation— (a) the transfer of the interest of— (i) a unit holder of a unit under the Strata Titles Act 1988; or (ii) an owner of a community lot under the Community Titles Act 1996; or (iii) an occupant of a unit in a building unit scheme, will be taken to be a transfer of title of land; and (b) land will be taken to include a unit under the Strata Titles Act 1988, a community lot under the Community Titles Act 1996 and a unit in a building unit scheme (and to the extent that such a unit or community lot comprises a building, it will be taken that the building is situated on that unit or lot); and (c) a unit holder of a unit under the Strata Titles Act 1988, an owner of a community lot under the Community Titles Act 1996 or an occupant of a unit in a building unit scheme will be taken to be the owner of any building comprising the unit or lot. 96—Fire safety requirements—brush fences (1) A brush fence must not be constructed closer than 3 metres to a Class 1 or 2 building under the Building Code unless any external wall of the relevant building that will, as a result of the construction of the brush fence, be closer than 3 metres to the brush fence, is fire resistant in accordance with the provisions of the Building Code relating to fire separation in respect of brush fences. (2) For the purposes of subregulation (1), the distance of 3 metres will be measured from any part of a proposed or existing brush fence and from any part of an external wall of the relevant building. (b) any other form of dried vegetation material that has similar fire characteristics to Broombrush; (a) a fence that is predominantly constituted by brush; construction, in relation to a brush fence, includes an alteration of, or addition to, a brush fence but does not include the repair of an existing brush fence that does not enlarge or extend the brush fence; external wall means an external wall within the meaning of the Building Code; fire resisting means fire resisting within the meaning of the Building Code. 97—Health and amenity (1) The owner of a building must ensure that all sewage and sullage discharged from the building is treated and disposed of in such a manner that the sewage or sullage does not endanger the health of any person or affect the foundation of any building on the site, or any adjacent site. (2) A person will be taken to have complied with subregulation (1) if— (a) the building is connected to a public sewer; or (b) sewage or sullage discharged from the building is collected, treated and disposed of by means of a system which complies with the requirements of the relevant service provider and relevant regulating authority. Division 4—General 98—Building Rules: bushfire prone areas For the purposes of Performance Requirement GP5.1 of Volume 1, and P2.7.5 of Volume 2, of the Building Code, a building is in a bushfire prone area if it is in an area— (a) defined as a designated bushfire prone area in a Ministerial building standard; or (b) identified as a designated bushfire prone area under the Planning and Design Code. 99—Construction Industry Training Fund government authority has the same meaning as in the Construction Industry Training Fund Act 1993. (2) A relevant authority must not issue a building consent unless it is satisfied— (a) that the appropriate levy has been paid under the Construction Industry Training Fund Act 1993; or (b) that no such levy is payable. (3) Subregulation (2) does not apply if— (a) the building work is to be carried out for or on behalf of a government authority by a person or body other than— (i) an officer or employee of a government authority; or (ii) another government authority; and (b) at the time that building consent is sought the government authority has not engaged the person or body to carry out that work. (4) If after assessing a proposed development against the building rules the relevant authority is yet to be satisfied that the appropriate levy has been paid under the Construction Industry Training Fund Act 1993 or is not payable, the relevant authority may notify the applicant that it cannot issue a building consent until it is satisfied that the levy has been paid or is not payable. (5) If a notification is given under subregulation (4)— (a) any period between the date of the notification and the date on which satisfactory evidence is provided to the relevant authority pursuant to the notification is not to be included in the time within which the relevant authority is required to decide the application; and (b) if such evidence is not provided to the relevant authority within 20 business days after the date of the notification, the relevant authority may, if it thinks fit, determine that the application has lapsed. 100—Fire safety relating to existing Class 2 to 9 buildings Pursuant to section 8(2)(b) of the Act, section 157 of the Act applies in relation to a Class 2 to Class 9 building in existence on 19 September 2017 as if it were modified as follows: (a) insert after subsection (3): (3a) Despite a preceding subsection, the fire safety of an existing Class 2 to Class 9 building will be taken to be adequate for the purposes of this section if it complies with the provisions of a Ministerial building standard relating to upgrading health and safety in existing buildings (including any provisions of such a standard that assist in the interpretation or construction of those provisions) to the extent reasonably applicable to the building. (b) delete subsection (14) and substitute: (14) Any action taken under this section in relation to an existing Class 2 to Class 9 building should seek to achieve compliance with the provisions of a Ministerial building standard relating to upgrading health and safety in existing buildings (including any provisions of such a standard that assist in the interpretation or construction of those provisions) to the extent reasonably applicable to the building.