Australian Capital Territory Numbered Acts

CONSTRUCTION AND ENERGY EFFICIENCY LEGISLATION AMENDMENT ACT 2014 (NO. 2 OF 2014) - SECT 12

substitute

49     Complying with building code

    (1)     A person commits an offence if the person—

        (a)     is a licensed builder; and

        (b)     carries out building work; and

        (c)     either—

              (i)     knows the building work does not, or will not, result in a building that complies with the building code; or

              (ii)     is reckless about whether the building work does or will result in a building that complies with the building code.

Maximum penalty: 500 penalty units, imprisonment for 5 years or both.

    (2)     A person commits an offence if—

        (a)     the person is a licensed builder; and

        (b)     the person carries out building work; and

        (c)     the building work does not, or will not, result in a building that complies with the building code.

Maximum penalty: 50 penalty units.

    (3)     An offence against subsection (2) is a strict liability offence.

    (4)     For an offence against subsection (2), building work is taken not to result in a building that complies with the building code if, for any provision of the building code with which the building must comply—

        (a)     the building does not, or will not, comply with the deemed-to-satisfy provision of the building code; and

        (b)     the approved plans for the building work do not state an alternative solution under the building code.

Example

A building that is being constructed has approved plans showing that the building will comply with the performance standard for fire safety systems in the building code by using the deemed-to-satisfy provisions. However, the parts of the fire safety system that have been installed do not comply with the deemed-to-satisfy provisions. There is no approved alternative solution for the building and so the building work is taken not to result in a building that complies with the building code.

Note 1     Although some provisions of the building code may not apply to a building work, every provision of the building code that does apply to the building work must be complied with.

Note 2     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

    (5)     A person commits an offence if the person—

        (a)     carries out building work; and

        (b)     intends to carry out the building work in a way that will not result in a building that complies with the building code.

Maximum penalty: 300 penalty units, imprisonment for 3 years or both.

    (6)     For this section, building work is taken to result in a building that complies with the building code if—

        (a)     the building complies with the building code as in force at the time the approved plans for the building work were approved; or

        (b)     if there are no approved plans for the building work or approved plans are not required for the building work—the building complies with the building code as in force at the time the building work is carried out.