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BUILDING AND CONSTRUCTION LEGISLATION AMENDMENT REGULATION 2023 (NO 1) (NO 7 OF 2023) - REG 8

Schedule 2, part 2.1, items 2.1.1 to 2.1.15

substitute

2.1.1

fail to comply with building code, vol 1, cl B1P1 or vol 2, cl   H1P1 in that building did not resist actions reasonably subject to—local damage not minimised as demonstrated by deformation in single element of brickwork, blockwork, or stonework, laid in mortar causing crack or split in joint if—

        (a)     crack or split wider than 3mm; or

        (b)     face of element on either side of crack or split out of alignment with opposite face across crack or joint by more than 3mm

creation of defective single masonry element—cracked or split more than 3mm

1

2.1.2

fail to comply with building code, vol 1, cl B1P1 or vol 2, cl   H1P1 in that building did not resist actions reasonably subject to—local damage not minimised as demonstrated by deformation in single element concrete floor or structural concrete element causing crack or split in joint if—

        (a)     crack or split wider than 5mm; or

        (b)     face of element on either side of crack or split out of alignment with opposite face across crack or joint by more than 5mm

creation of defective single concrete element—cracked or split more than 5mm

1

2.1.3

fail to comply with building code, vol 1, cl B1P1 or vol 2, cl   H1P1 in that building did not resist actions reasonably subject to—local damage not minimised as demonstrated by deformation in wall, wall render, wall lining, wall tiling, ceiling lining or cornice causing crack or split in joint

creation of defective wall or wall render, lining or tiling, or ceiling lining or cornice—cracked or split

1

2.1.4

fail to comply with building code, vol 1, cl B1P1 or vol 2, cl   H1P1 in that building did not resist actions reasonably subject to—local damage not minimised as demonstrated by possibility of instability or collapse of primary building element susceptible to termite attack because not provided with code-compliant termite risk management system

failure to protect primary building element with compliant termite management system

2

2.1.5

fail to comply with building code, vol 1, cl F1P2, F1P4, F2P1 or F3P1 or vol 2, cl H2P1 (2), H2P2 or H2P3—surface water, water or dampness could occur in building other than under code

failure to protect a building from water or dampness

3

2.1.6

fail to comply with building code, vol 1, cl F1P1 or vol 2, cl H2P1 (1)—surface water collected or concentrated by building not disposed of in code-compliant way that avoids damage or nuisance to another property, or likelihood of damage or nuisance

creation of building with defective surface water collection or concentration disposal that damaged or caused nuisance or likelihood of either to other property

2

2.1.7

fail to comply with building code, vol 1, cl F1P3 or vol 2, cl H2P1 (3)—drainage system for disposal of surface water did not, in code-compliant way—

        (a)     carry water to appropriate outfall; or

        (b)     avoid entry of water to building; or

        (c)     avoid water damaging building

creation of building with defective drainage system—failure to carry water to appropriate outfall, avoid entry of water to building or avoid water damaging building

3

2.1.8

fail to comply with building code, vol 1, cl E2P1 or vol 2, cl H3P2—building without code-compliant automatic warning on smoke detection

creation of building without effective smoke alarm

3

2.1.9

fail to comply with building code, vol 1, cl F2P2 or vol 2, cl H4P1—water not stopped from penetrating behind fittings, linings or concealed spaces of sanitary facilities, bathrooms, laundries and other wet area facilities

creation of building with defective wet area waterproofing or water containment

3

2.1.10

fail to comply with building code, vol 1, cl F5P1 or vol 2, cl H4P2—height of room or other space more than 50mm less than code requires

creation of building with ceiling height more than 50mm too low

3

2.1.11

fail to comply with building code, vol 1, cl F7P1 to F7P4 or vol 2, cl H4P6—floor, wall or floor or wall penetration do not comply with code sound transmission and insulation requirements

creation of building with defective sound transmission or insulation arrangements

2

2.1.12

fail to comply with building code, vol 1, cl D1P2 (c) (v) or vol 2, cl H5P1 (b) (iii)—geometry of stairway risers or goings do not satisfy code safe passage requirements

creation of unsafe step or stairway

3

2.1.13

fail to comply with building code, vol 1, cl D1P3 or vol 2, cl H5P2—barrier required under code to prevent people falling not provided

creation of building with defective or no safety barrier

3

2.1.14

fail to comply with building code, vol 1, cl G1P2 or vol 2, cl H7P1 or H7P2—swimming pool over 300mm deep without code compliant safety barrier or water recirculation system

creation of swimming pool with defective or no safety barrier, or water recirculation system with defective or no safety measures to avoid entrapment or injury

3

2.1.15

fail to comply with building code, vol 1, cl C1P2 or vol 2, cl H3P1—building with element that does not comply with code to avoid spread of fire to exit, sole occupancy unit or public area or between buildings or in building

creation of building with defective or no fire spread avoidance measures

2



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