clear to the sky means an unroofed area or an area roofed with a material that transmits at least 90% of light; declared road means a freeway or an arterial road within the meaning of the Road Management Act 2004; drainage authority means— (a) in relation to any area to which Part X of the Melbourne and Metropolitan Board of Works Act 1958 applies, the Melbourne Water Corporation; and (b) in relation to any other area, the Authority to which Division 3 of Part 10 of the Water Act 1989 applies for that area; r. 105 electricity supply authority has the same meaning as electricity corporation has in section 85 of the Electricity Industry Act 2000; farm land means farm land as defined in section 2 of the Valuation of Land Act 1960; Reg. 105 def. of fire performance requirement amended by S.R. No. 20/2011 reg. 5(2). fire performance requirement means— (a) performance requirement BP1.1, DP2, DP3, DP4 or DP6 of the BCA Volume One (to the extent that it relates to fire safety); or (b) performance requirement CP1, CP2, CP3, CP4, CP5, CP6, CP7, CP8, CP9, DP5, EP1.1, EP1.2, EP1.3, EP1.4, EP1.5, EP1.6, EP2.1 or EP2.2 of the BCA Volume One; or (c) performance requirement P2.1, P2.3.1 or P2.3.2 of the BCA Volume Two (to the extent that it relates to fire safety for a Class 1b building and a Class 10
(iii) the new part is leased to that person; and (b) the deemed-to-satisfy requirement in Table E3.6b 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 1400mm x 1600mm 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 a building; and (iii) has a lift floor dimension of no less than 1100mm x 1400mm; and (c) the deemed-to-satisfy requirements in F2.4(c) and F2.4(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 by the BCA Volume One, if the existing sanitary compartment— r. 116 (i) is located in a new part or an affected part of a 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.
(a) amend the map for the designated special area that has been altered; or (b) prepare a map of the designated special area that has been created. (3) A council must advise the Commission within 7 days if a designated special area within its municipal district is altered or if a new designated special area is created. (4) The relevant council must lodge with the Building Commission within 7 days copies of designated special areas maps amended or prepared under subregulation (1) or (2). (5) A council must make an up to date copy of each designated special area map applicable to its municipal district that has been prepared under this regulation available to the public at the offices of the council during normal business hours. (6) In this regulation designated special area means— (a) an area liable to flooding within the meaning of regulation 802; or (b) an area designated under regulation 803 as an area in which buildings are likely to be subject to attack by termites; or Reg. 807(6)(c) revoked by S.R. No. 25/2009 reg. 5(3), new reg. 807(6)(c) inserted by S.R. No. 25/2009 reg. 8(3), revoked by S.R. No. 15/2010 reg. 5(3). * * * * *
For the purposes of Part 5A of the Act, an application to register, or to renew the registration of, a cooling tower system must include the following details in addition to any other requirements imposed by the Act— (a) the address of the land on which the cooling tower system is located; (b) the name, postal address and telephone number of the owner of the land on which the cooling tower system is located; (c) the number of cooling tower systems on the land; (d) the number of cooling towers in each cooling tower system; (e) in respect of each cooling tower system— (i) the location of the system; (ii) the type of system; (iii) whether drift eliminators have been fitted to each cooling tower in the system and whether automated biocide dosing devices and automated bleed-off devices have been fitted to the system; (iv) the purpose of the system; (v) the area served by the system; (vi) the type of business served by the system; (vii) the name and telephone number of the owner of the system (if different from the owner of the land); (viii) the name and telephone number of the person who is responsible for the day to day operation of the system. 1302 Registration and renewal fees
1603 Additional fees r. 1603 In addition to the fees required by regulation 1602— Reg. 1603(a) amended by S.R. Nos 115/2007 reg. 11, 126/2008 reg. 11, 79/2009 reg. 12, 50/2010 reg. 12, 48/2011 reg. 12. (a) in the case of a request made under section 147 of the Act the additional prescribed fee for the purposes of section 147(3)(b) of the Act is $181.85 per hour; and Reg. 1603(b) amended by S.R. Nos 115/2007 reg. 11, 126/2008 reg. 11, 79/2009 reg. 12, 50/2010 reg. 12, 48/2011 reg. 12. (b) in the case of any matter where an inspection of the site is made by a member or members of the Building Appeals Board hearing the matter, an additional fee of $181.85 per hour may, at the discretion of the Board, be required from the person requesting the matter to be heard. 1604 Fees to be refunded r. 1604 (1) Fees paid to the Building Appeals Board in respect of a request under section 147 of the Act must be refunded from the Building Administration Fund if the request is refused. (2) The Commissioner may refund from the Building Administration Fund, in whole or in part, any other fee paid to the Building Appeals Board if the appeal, request, application or referral is not proceeded with. __________________ 1701 Application r. 1701
Contact person Telephone Lessee responsible for building work Indicate if a lessee of the building, of which parts are leased by different persons, is responsible for the alterations to a part of the building leased by that lessee. † †Tick if applicable Ownership Details (only if agent of owner listed above) Owner Postal address Postcode Contact person Telephone Property details Number Street/road City/suburb/town Postcode Lot/s LP/PS Volume Folio Crown allotment Section Parish County Municipal district Allotment area (for new dwellings only) m2 Land owned by the Crown or a public authority † † tick if applicable Builder (if known) Name Telephone Postal address Postcode Building practitioners1 and/or architect (a) to be engaged in the building work2 Name Category/Class Registration No. Name Category/Class Registration No. (If a registered domestic builder carrying out domestic building work attach details of the required insurance) (b) who were engaged to prepare documents forming part of the application for this permit3 Name Category/Class Registration No.
Building Act 1993 Building Regulations 2006 To Relevant building surveyor From Owner or agent Telephone In accordance with section 42 of the Building Act 1993, I hereby apply for an occupancy permit for the building at— Property details Number Street/road City/suburb/town Lot/s LP/PS Volume Folio Crown allotment Section Parish County Municipal district Building practitioners and architects who were engaged in the building work1 Name Category/Class Registration No. Name Category/Class Registration No. Use applied for Part of building Intended use BCA Class Part of building Intended use BCA Class Signature of owner or agent Date NOTE
Signature of building practitioner Date Note Under section 175 of the Building Act 1993, while suspended a building practitioner is deemed to not be registered. __________________ SCHEDULE 3 Sch. 3 Regulation 307 Column 1 Column 2 Column 3 Column 4 Column 5 Item number Matter Class 1 or 10 buildings Class 2–9 buildings Act provision 1 Relevant building surveyor to give reporting authority a copy of an application 3 business days 5 business days Schedule 2 clause 4(2) 2 Time after receipt of copy of application for reporting authority to report on and consent to application 10 business days 10 business days Schedule 2 clause 6 3 Time after receipt of copy of application for reporting authority to report on and consent to an application for a matter under Division 2 of Part 4 and regulation 424 15 business days Not applicable Schedule 2 clause 6 4 Time after receipt of copy of application for 15 business 15 business Schedule 2 clause 6A
responsible authority to report on and consent to application days days Column 1 Column 2 Column 3 Column 4 Column 5 Item number Matter Class 1 or 10 buildings Class 2–9 buildings Act provision 5 Time for relevant building surveyor to decide application after all reporting authority reports and consents are received or the end of the relevant time prescribed for the supply of those reports and consents whichever is the earlier 10 business days 15 business days section 19 6 Further time for applicant to supply a report and consent of a reporting authority to relevant building surveyor 3 calendar months 6 calendar months Schedule 2 clause 5(4) Sch. 3 __________________ SCHEDULE 4 Sch. 4 Regulation 308
13 Window or raised open space not complying with reg. 419 (overlooking) reg. 419(9) 14 Building design not complying with reg. 420 (daylight to habitable room window) reg. 420(3) 15 Private open space not complying with reg. 421 reg. 421(4) 16 Siting of appurtenant Class 10a buildings not complying with regulation 422(1) reg. 422(2) 17 Front fence height not complying with reg. 424 reg. 424(3) 18 Fence setback on side or rear boundary not complying with reg. 425 reg. 425(3) 19 Length or height of side or rear boundary fence not complying with reg. 426 reg. 426(5) 20 A fence within 9m of an intersection of street alignments and exceeding height of 1m above footpath reg. 427(1) 21 Fence setback not complying with reg. 428 (daylight to existing habitable room window) reg. 428(6) 22 Fence setback not complying with reg. 429 (solar access) reg. 429(5) 23 Fence design not complying with reg. 430 (overshadowing of recreational private open space) reg. 430(3) Sch. 4 24 Mast, pole, aerial, antenna, chimney flue pipe or other service pipe that exceeds certain height limits reg. 431 25 Projections beyond street alignment reg. 513(1), 513(2) 26 Buildings above or below certain public facilities reg. 515(2) Column 1 Column 2 Column 3 Item Prescribed matters to be reported on by council Regulation reference 27 Precautions over a street reg. 604(4) 28 Point of discharge of storm water reg. 610(2)
of demolisher (medium rise buildings) Board, after examination of the applicant, certifying that the applicant has adequate knowledge and experience to— (a) demolish buildings having a rise in storeys of not more than 5, excluding special buildings; and Sch. 7 Column 1 Column 2 Column 3 Item Category/prescribed class of building practitioner Prescribed qualifications (b) undertake demolition stripping of any building 20 Category of builder, class of demolisher (unlimited) a certificate issued by the Board, after examination of the applicant, certifying that the applicant has adequate knowledge and experience to demolish all buildings including the demolition of special buildings and stripping work 21 Category of erector or supervisor (temporary structures), class 1—stages or seating stands or equipment platforms or towers fabricated on site from tubes and fittings or other scaffolding components of metals and other materials (a) an intermediate scaffolding licence issued under the Occupational Health and Safety Regulations 2007; and (b) 1 year of practical experience to the satisfaction of the Board 22 Category of erector or supervisor (temporary structures), class 2—special structures—tents, marquees (a) a certificate issued by the Board, after examination of the applicant, certifying that the applicant has adequate knowledge and experience to erect or dismantle or supervise the erection or the dismantling of tents and marquees; and
Building Amendment (Fees) Regulations 2010, S.R. No. 50/2010 Date of Making: 23.6.10 Date of Commencement: 1.7.10: reg. 3 Endnotes Building Amendment (Bushfire Safety) Regulations 2010, S.R. No. 82/2010 Date of Making: 24.8.10 Date of Commencement: 30.8.10: reg. 3 Building Amendment Regulations 2011, S.R. No. 20/2011 Date of Making: 19.4.11 Date of Commencement: 1.5.11: reg. 3 Building Amendment (Private Bushfire Shelter Construction) Regulations 2011, S.R. No. 22/2011 Date of Making: 19.4.11 Date of Commencement: 1.5.11: reg. 3 Building Amendment (Fees) Regulations 2011, S.R. No. 48/2011 Date of Making: 28.6.11 Date of Commencement: 1.7.11: reg. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes Table of Applied, Adopted or Incorporated Matter Required by Subordinate Legislation Regulations 2004 The following table of applied, adopted or incorporated matter was included in S.R. No. 68/2006 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004. In this table— Building Code of Australia means the Building Code of Australia published by the Australian Building Codes Board— (a) as amended or remade from time to time; and (b) as amended by the Victoria Appendix to that Code published by that Board as that Appendix is amended or remade from time to time; Commission means the Building Commission established under Part 12 of the Building Act 1993. Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
scheme maps) identifying that Zone Maroondah Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time Schedule to Residential 1 Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Monash Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time Schedule to Residential 1 Zone, Residential 2 Zone and Mixed Use Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones Regulation 607(1) AS 2601—2001 The demolition of structures, published 13 September 2001, Whole
published 13 September 2005, as published from time to time Regulation 613(2)(c) AS 1720.1—1997 Timber structures (SAA Timber Structures Code)—Design methods, published 5 November 1997, as published from time to time Whole Regulation 703(b) AS 1926.1—1993 Fencing for swimming pools, published 26 July 1993, as published from time to time Whole Regulation 707(2) AS 3786—1993 Smoke alarms, published 13 April 1993, as published from time to time Whole Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 707(3) Practice Note 2006-27 issued by the Commission in May 2006 Whole Regulation 708(2) AS 2118.4—1995 Automatic fire sprinkler systems—Part 4: Residential, published 5 April 1995, as published from time to time Whole Regulation 708(3) Practice Note 200607 issued by the Commission in May 2006 Whole Regulation 709(2)(a) AS 3786—1993 Smoke alarms, published 13 April 1993, as published from time to time Whole Regulation 709(2)(b) AS 1670.1—2004 Fire detection, warning, control Whole
Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying that Zone Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Kingston Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time Knox Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time Manningham Planning Scheme made under the Planning and Environment Act 1987 as that planning scheme is amended and in force from time to time Schedules to Residential 1 Zone and Residential 3 Zone and the provisions of the Planning Scheme (including the planning scheme maps) identifying those Zones Schedule to Residential 3 Zone and the provisions of the Planning Scheme (including the planning
Table of Applied, Adopted or Incorporated Matter Required by the Subordinate Legislation Regulations 2004 The following table of applied, adopted or incorporated matter was included in S.R. No. 32/2010 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004. In this table— BCA means the Building Code of Australia published by the Australian Building Codes Board— (a) as amended or remade from time to time; and (b) as amended by the Victoria Appendix to that Code published by that Board as that Appendix is amended or remade from time to time. Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 6 which inserts the definition of bushfire performance requirement into the Building Regulations 2006 Volume Two of the BCA Performance Requirement P2.3.4A Regulation 8 which inserts regulation 115 into the Building Regulations 2006 Volume One of the BCA Volume Two of the BCA ABCB Performance Standard for Private Bushfire Shelters Clauses A1.1 and A.3.2 Clauses 1.0.10, 1.1.1, 1.3.2, 1.3.3, 1.4.1,
definitions of BCA Volume One and BCA Volume Two Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 5(2) which amends regulation 105 of the Principal Regulations to amend the definition of fire performance requirement BCA Volume One BCA Volume Two The whole Regulation 6 which amends regulation 111 of the Principal Regulations BCA Volume One BCA Volume Two The whole Regulation 7 which amends regulation 114 of the Principal Regulations BCA Volume One BCA Volume Two The whole Regulation 8 which inserts a new regulation 116 in the Principal Regulations BCA Volume One AS1428.1—2009 Design for access and mobility Part 1: General requirements for access—New building work, published by Standards Australia on 27 November 2009, as incorporated by the BCA Volume One Table E3.6b F2.4(c) and F2.4(e) Section D, Part E3 and Part F2 The whole
Regulation 15(2) which amends regulation 710 of the Principal Regulations BCA Volume One The whole Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 16 which amends regulation 803(2) of the Principal Regulations BCA Volume One BCA Volume Two The whole Regulation 17 which amends regulation 1202 of the Principal Regulations BCA Volume One The whole Regulation 20(1) which amends Column 2 of item 5 of the Table in Schedule 8 to the Principal Regulations BCA Volume One BCA Volume Two The whole Regulation 20(2) which amends Column 2 of item 9 of the Table in Schedule 8 to the Principal Regulations AS 1926.3—2010 Swimming pool safety Part 3: Water recirculation systems, published by Standards Australia on 1 September 2010 The whole
Table of Applied, Adopted or Incorporated Matter Required by Subordinate Legislation Regulations 2004 The following table of applied, adopted or incorporated matter was included in S.R. No. 22/2011 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004. In this table— BCA means the Building Code of Australia comprising— Volume One of the National Construction Code Series including any variations or additions in the Appendix Victoria set out in the Appendices to that Volume; and Volume Two of the National Construction Code Series including any additions set out in Appendix A of that Volume BCA Volume One means Volume One of the National Construction Code Series including any variations or additions in the Appendix Victoria set out in the Appendices to that Volume; BCA Volume Two means Volume Two of the National Construction Code Series including any additions set out in Appendix A of that Volume; National Construction Code Series means the National Construction Code Series published by the Australian Building Codes Board as amended or remade from time to time. Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 5 which substitutes the definition of fire performance requirement in regulation 105 of the Building Regulations 2006 The BCA Volume Two Performance requirement P2.3.5
Regulation 6 which substitutes regulation 113A of the Building Regulations 2006 The BCA Whole Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 7 which substitutes regulation 115 of the Building Regulations 2006 The BCA Volume One The BCA Volume Two Clause A1.1 Clauses 1.1.1, O2.3(d) and performance requirement P2.3.5 and the Application at the foot of performance requirement P2.3.5