Queensland Consolidated Regulations

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BUILDING REGULATION 2006 - REG 16O

Definitions for part

16O Definitions for part

In this part—

"affected private building" means a private building that has combustible cladding forming part of, or attached or applied to, an external wall or another external part of the building other than the roof.

"approved way" , for giving the QBCC a document, means—

(a) using the online system to give the document to the QBCC; or
(b) if the QBCC commissioner approves another way for giving the document to the QBCC and publishes the way on the QBCC’s website—giving the document to the QBCC in the way approved.

"building fire safety risk assessment" see section 16X (1) (b) .

"building industry professional"
1 A
"building industry professional" is—
(a) a building certifier–level 1; or
(b) a person who holds a licence of 1 or more of the following classes under the QBCC Act
(i) builder—open;
(ii) building design—open;
(iii) fire safety professional; or
(c) a practising architect under the Architects Act 2002 ; or
(d) a practising professional engineer under the Professional Engineers Act 2002 registered in 1 or more of the following areas of engineering—
(i) civil engineering;
(ii) fire engineering;
(iii) fire safety;
(iv) structural engineering.
2 Also, for a private building that is no more than 3 storeys and has a total floor area of less than 2,000m 2, a
"building industry professional" includes—
(a) a building certifier–level 2; and
(b) a person who holds a licence of 1 or more of the following classes under the QBCC Act
(i) builder—medium rise;
(ii) building design—medium rise.

"building industry professional statement" see section 16T (1) (b) .

"cladding fire risk" , for a private building, means a risk of injury or illness happening to a person—
(a) arising from fire or smoke, or falling debris related to a fire, at the building; and
(b) relating to cladding forming part of, or attached or applied to, an external wall or another external part of the building other than the roof.

"combustible cladding" means cladding that—
(a) is made of a material of a kind that is not mentioned in the BCA, clause C1.9(e)(i), (ii), (iii), (iv) or (v); or
(b) is deemed to be combustible under AS 1530.1—1994 (Methods for fire tests on building materials, components and structures, Part 1 : Combustibility test for materials), section 3 . 4(a), (b) or (c).

"combustible cladding checklist (part 1)" means the checklist of that name on the online system.

"combustible cladding checklist (part 2)" means the checklist of that name on the online system.

"combustible cladding checklist (part 3)" means the checklist of that name on the online system.

"completed" , for a checklist, means—
(a) the checklist is filled out on the online system by the owner; and
(b) the filled-out checklist is—
(i) printed; and
(ii) signed and dated by the owner in the presence of a qualified witness; and
(iii) signed and dated by the qualified witness.

"convicted" means found guilty, or having a plea of guilty accepted, by a court, whether or not a conviction is recorded.

"fire engineer" means a practising professional engineer under the Professional Engineers Act 2002 registered in either or both of the following areas of engineering—
(a) fire engineering;
(b) fire safety.

"fire engineer statement" see section 16X (1) (c) .

"online system" means the online system established by the department for the administration of this part.
Note—
The online system can be accessed at www.saferbuildings.qld.gov.au.

"private building" means a building—
(a) that is—
(i) a class 2, 3, 4, 5, 6, 7, 8 or 9 building; and
(ii) of a type A or type B construction; and
(b) for which a building development approval was given, after 1 January 1994 but before 1 October 2018, for building work—
(i) to build the building; or
(ii) to alter the cladding on the building; and
(c) that is owned by—
(i) only 1 or more private entities; or
(ii) 1 or more private entities and 1 or more other entities, if the private entities jointly hold more than 50% interest in the building.

"private entity" means an entity that is not—
(a) the State, the Commonwealth, or another State; or
(b) an agent, authority, instrumentality or other entity of the State, the Commonwealth, or another State.

"QBCC investigator" means an investigator appointed under the Queensland Building and Construction Commission Act 1991 , section 104B .

"qualified witness" means a person mentioned in the Oaths Act 1867 , section 13 (1) (a) , (b) or (c) .

"relevant local government" , for a private building, means the local government in whose local government area the building is situated.

"type A construction" means the type of construction referred to as Type A construction in the BCA, part C1.

"type B construction" means the type of construction referred to as Type B construction in the BCA, part C1.



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