Queensland Consolidated Regulations

BUILDING REGULATION 2021 - REG 34

34 Building certifier may decide who is competent person

(1) A building certifier may, under this section, decide an individual is competent to provide the certifier with—

(a) design-specification help or inspection help generally; or

(b) design-specification help or inspection help limited to a particular aspect of design-specification help or inspection help; or

(c) design-specification help or inspection help for particular assessable building work.

(2) The building certifier may decide that an individual is competent under subsection (1) —

(a) if a relevant law requires the individual to be registered or hold a licence or other qualification to give the design-specification help or inspection help—only if—

(i) the individual is registered or holds the licence or other qualification; and

(ii) the building certifier has assessed the individual, having regard to the individual’s experience, qualifications and skills, and the certifier is satisfied the individual is competent to give the help; or

(b) otherwise—only if the building certifier has assessed the individual, having regard to the individual’s experience, qualifications and skills, and the certifier is satisfied the individual is competent to give the help.

Example—

A building certifier is deciding whether an individual is a competent person to provide help with assessing whether a building complies with the performance requirements for energy efficiency under the BCA, part 3.12 . An individual with the skills to carry out appropriate computer modelling for the assessment has appropriate skills to give the help.

(3) The building certifier may decide an individual is a competent person (inspection), on and from the day the certifier made the decision.

(4) The building certifier may decide an individual is, or has been, a competent person (design-specification), on and from a particular day.

(5) The building certifier may decide an individual is a competent person (design-specification) and a competent person (inspection) at the same time or for the same matter.

(6) A building certifier must have regard to the competent person assessment guidelines in making a decision under this section.

(7) In this section—

"relevant law" means a law applying in the State that is relevant to practising in the matter the subject of the help.