Queensland Consolidated Regulations

BUILDING REGULATION 2006 - REG 69

69 Application of particular provisions if documents given before commencement

(1) This section applies in relation to a private building if—

(a) before the commencement, the QBCC was given a copy of a building fire safety risk assessment, or a fire engineer statement, for the building under former section 16X, 16ZI or 16ZL; and

(b) from the commencement, the QBCC reasonably believes, based on the matters mentioned in the assessment or the statement, there is a cladding fire risk for the building.

(2) The QBCC may, within 60 business days after the commencement, give the owner of the building a notice (the
"cladding fire risk notice" ) stating there is a cladding fire risk for the building.

(3) Subject to subsections (4) to (6), if the QBCC gives the owner the cladding fire risk notice, the following provisions are taken to apply in relation to the building as if the fire engineer statement stated there is a cladding fire risk for the building—

(a) amended section 16Y; and

(b) amended part 4A, division 2, subdivision 4.

(4) The owner is taken to have complied with amended sections 16Y, 16ZA and 16ZB to the extent the owner has complied with former sections 16Y, 16ZA and 16ZB.

(5) If the owner is not complying with amended section 16ZA(1) when the owner receives the cladding fire risk notice, the period mentioned in amended section 16ZA(3)(a) is taken to be—

(a) within 60 business days after the fire engineer statement was given to the owner; or

(b) if the notice is given to the owner less than 15 business days before the expiry of the period mentioned in paragraph (a)—within 15 business days after the notice is given to the owner.

(6) If the owner has not complied with former section 16ZB(2)(a) or (3), the period mentioned in amended section 16ZB(2)(a) and (3) is taken to be—

(a) within 60 business days after the fire engineer statement was given to the owner; or

(b) if the cladding fire risk notice is given to the owner less than 15 business days before the expiry of the period mentioned in paragraph (a)—within 15 business days after the notice is given to the owner.