Document ID: chunk:federal_register_of_legislation:F2024C00986:reg:1:p24
Version: federal_register_of_legislation:F2024C00986
Segment Type: reg
Provision Reference: reg 1 (pt 24/35)
Character Range: 64838–67743

provision, in accordance with Australian building standards, for the health, safety and comfort of any occupants or users; and
 (c) can reasonably be used for the purpose for which it was built; and
 (d) complies with the requirements mentioned in regulation 3.05 or 3.06, as the case requires.
 (4) An airport building controller may rely on a relevant certificate issued, or report prepared, by a building expert, or a regulatory authority, for the purpose of satisfying the airport building controller in respect of a matter mentioned in subregulation (3).
 (5) If, under the Building Code, different parts of a building are differently classified, an airport building controller may issue:
 (a) one certificate of compliance for the building; or
 (b) different certificates of compliance for the different parts of the building.
(6) If the airport building controller is satisfied, under subregulation (2), in respect of part only of the building or works, the airport building controller may issue a certificate of compliance for that part.
 (7) When an airport building controller has decided an application, the airport building controller must:
 (a) give the applicant notice, in writing, of the decision; and
 (b) if the decision is not an unconditional certificate—include a statement of the reasons for the decision.
 (8) The airport building controller is taken to have refused to issue a certificate of compliance if it has not given the applicant notice of its decision before the end of 14 days after receiving the application.

3.05  Additional criteria for certificate for occupancy
  For paragraph 3.04(3)(d), the building, as completed must:
 (a) be consistent with the approval given under regulation 2.11 for the building activity resulting in the building; and
 (b) make adequate provision, in its proposed use, for the protection of occupants against fire; and
 (c) make adequate provision, in its proposed use, for insulation, sanitation, disposal of refuse, sewerage, drainage, heating, cooling, lighting and ventilation; and
 (d) make adequate provision, in its proposed use, for services, installations and ancillary equipment likely to be required by users.

3.06  Additional criteria for certificate for use
  For paragraph 3.04(3)(d), the works, as completed must be consistent with the approval given under regulation 2.11 for the building activity resulting in the works.

3.07  Duties attaching to certificate of compliance
 (1) A certificate for occupancy of a building imposes the following duties on the holder of the certificate:
 (a) the building must not be used for a purpose that is inconsistent with the classification of the building under the Building Code;
 (b) the building must be maintained in a condition that is consistent with its classification.
 (2) A certificate for use of works imposes the following duties on the holder of the certificate:
 (a) the