Queensland Consolidated Regulations

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION REGULATION 2018

- Made under the Queensland Building and Construction Commission Act 1991
- As at 1 July 2022
- Reg 138 of 2018

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement

   PART 2 - INTERPRETATION

   3.      Dictionary
   4.      Number of storeys of buildings
   5.      Work that is not building work—Act, sch 2, definition building work
   6.      Licensed builder—Act, sch 2, definition licensed builder
   6AA.    Work that is not fire protection work—Act, s 30CA
   6A.     Work that is not mechanical services work—Act, sch 2, definition mechanical services work
   6B.     Meaning of occupational licence—Act, sch 2, definition occupational licence
   7.      Scope of work for a licence—incidental work of another class
   7A.     Meaning of certify in relation to fire protection equipment

   PART 3 - LICENCES

           Division 1 - Classes of licences

   8.      Classes of contractor’s licence—Act, s 30
   9.      Classes of nominee supervisor’s licence—Act, s 30A
   10.     Classes of site supervisor’s licence—Act, s 30B
   11.     Classes of fire protection occupational licence—Act, s 30C
   11A.    Classes of mechanical services occupational licence—Act, s 30D

           Division 2 - Entitlement to licences

   12.     Qualifications and experience for contractor’s licence—Act, s 31
   13.     Qualifications and experience for nominee supervisor’s licence—Act, s 32
   14.     Qualifications for site supervisor’s licence—Act, s 32AA
   15.     Qualifications for fire protection occupational licence—Act, s 32AB
   15A.    Qualifications for mechanical services occupational licence—Act, s 32AB

           Division 3 - Grant of licences

   16.     Applications for licence—Act, s 33
   17.     Applications for renewal of licence—Act, s 37B

           Division 4 - Miscellaneous

   18.     Fire protection work—Act, s 42C
   18A.    Circumstances prescribed for exemption from Act, s 42C(1)—Act, s 42C
   19.     Refund of licence fee

   PART 4 - OWNER-BUILDER PERMITS

   20.     Prescribed course—Act, s 43D, definition owner-builder course
   21.     Exceptional circumstances for granting application for owner-builder permit—Act, s 44B
   22.     Warnings—Act, s 47

   PART 5 - DISQUALIFIED INDIVIDUALS

   23.     Demerit offences—Act, s 67AR
   24.     Demerit points—Act, s 67AW

   PART 6 - STATUTORY INSURANCE SCHEME

           Division 1 - Name of scheme

   25.     Name of statutory insurance scheme—Act, s 67X

           Division 2 - Work under the scheme

   26.     Work not covered under the statutory insurance scheme—Act, s 67WB
   27.     Primary insurable work—Act, s 67WC
   28.     Work that is not primary insurable work—Act, s 67WC
   29.     Calculating number of storeys of building—Act, s 67WE

           Division 3 - Assistance

   30.     Terms of cover—Act, s 67Y
   31.     Optional additional cover—Act, s 67Z
   32.     Associate of building contractor not entitled to assistance under statutory insurance scheme—Act, s 68

           Division 4 - Calculating insurable value

   33.     Application of division—Act, s 68D
   34.     Work for multiple dwellings
   35.     Work for duplexes
   36.     Work for 2 or more detached dwellings
   37.     Reference to particular work only includes primary building work
   38.     Residential unit for which residential construction work carried out
   39.     Living units

           Division 5 - Miscellaneous

   40.     Matters for notice of cover—Act, s 68F
   41.     Refund of part of insurance premium—Act, s 70C
   42.     Amount for tenders for rectification work—Act, s 71A
   43.     When work is taken to have started—Act, s 71F
   44.     Insurance information statement

   PART 7 - DOMESTIC BUILDING CONTRACTS

   45.     Level 2 amount—Act, sch 1B, s 7
   46.     Building that is not a home—Act, sch 1B, s 9
   47.     Publication of consumer building guide—Act, sch 1B, s 46

   PART 8 - GENERAL

   48.     Single amount to be transferred from General Statutory Fund to Insurance Fund—Act, s 25
   48A.    Relevant agencies for exchange of information—Act, s 28B
   49.     Signs to be exhibited—Act, s 52
   50.     Advertisements—Act, s 54
   51.     Notification of nominee—Act, s 55
   52.     Partnerships—Act, s 56
   53.     Warning that contract is a construction management trade contract—Act, s 67V
   53A.    Period to rectify or remediate under direction—Act, s 72
   54.     Interest—Act, s 77
   55.     Particulars in register—Act, s 99
   56.     Prescribed persons and ways to examine building products or samples—Act, s 106O
   56A.    Act for which confidential information may be disclosed, accessed or used—Act, s 110
   57.     Board’s policies approved—Act, sch 1, s 76
   58.     Fees

   PART 9 - SAVINGS AND TRANSITIONAL PROVISIONS

           Division 1 - Transitional provisions for SL No. 138 of 2018

   59.     Definition for division
   60.     Licences that may be held and renewed after commencement—Act, s 30
   61.     Contractors’ licences and nominee supervisors’ licences that may be held and renewed after commencement—Act, s 30
   62.     Existing competencies of persons to hold technical qualifications—sprinkler and suppression systems (reticulated water-based)—inspect and test
   63.     Existing competencies of persons to hold technical qualifications for certain classes of licences
   64.     Existing competencies of persons to hold technical qualifications—portable fire equipment and hose reels (hose reels down stream of stop clock only) licences
   65.     References to expired regulation

           Division 2 - Transitional provisions for Queensland Building and Construction Commission (Mechanical Services Licences) and Other Legislation Amendment Regulation 2019

              Subdivision 1 - Licences and applications

   66.     Replacement of particular licence classes
   67.     Pending application for, or renewal or restoration of, previous licence classes
   68.     Pending application for, or renewal of, particular licences
   69.     Pending application for water plumber—water and sanitary licence

              Subdivision 2 - Qualifications and experience for licences

   70.     Definitions for subdivision
   70A.    This subdivision applies to new and existing applications
   70B.    Alternative qualifications for particular contractor’s licences
   70C.    Alternative qualifications for particular nominee supervisor’s licences
   70D.    Alternative qualifications for particular site supervisor’s licences
   70E.    Alternative qualifications for particular mechanical services occupational licences
   71.     Deferral of experience requirements for particular licences

              Subdivision 2A - Minimum financial requirements for particular licence

   71A.    Alternative minimum financial requirements for particular licence

              Subdivision 3 - Fees for licences

   72.     Fee for mechanical services plumbing licence not payable—relevant licence held
   73.     Fee for mechanical services plumbing licence not payable—prior relevant experience
   73A.    Fee for particular application

              Subdivision 4 - Mechanical services work by existing employees

   74.     Mechanical services work by employee of person not licensed for the work—Act, s 42CA
   75.     Mechanical services work by employee of licensed contractor for the work—Act, s 42CA

           Division 3 - Transitional provision for Queensland Building and Construction Commission and Other Legislation Amendment Regulation 2019

   76.     Refund of licence fees paid for particular contractor’s licences

           Division 4 - Savings and transitional provisions for Queensland Building and Construction Commission and Other Legislation (Fire Protection Licensing) Amendment Regulation 2020

              Subdivision 1 - Continuing licences

   77.     Licences of particular classes that may continue to be held and renewed—Act, s 30E
   78.     Continuation of particular licences mentioned in repealed Queensland Building Services Authority Regulation 1992
   79.     Continuation of particular licences mentioned in expired Queensland Building and Construction Commission Regulation 2003
   80.     Continuation of particular contractors’ and nominee supervisors’ licences mentioned in former provisions
   81.     Continuation of particular fire protection occupational licences mentioned in former provisions

              Subdivision 2 - Other transitional provisions

   82.     Replacement of former classes of licences
   83.     Pending application for, or renewal or restoration of, former licence classes
   84.     Existing competencies for technical qualifications for particular new licence classes
   85.     Additional qualifications for particular new licence classes—Act, ss 31, 32, 32AB
   85A.    Alternative qualifications for applications for particular new licence class
   85B.    Alternative additional technical qualifications for particular new licence class

           Division 5 - Transitional provision for Queensland Building and Construction Commission (Mechanical Services Licences) Amendment Regulation 2021

   86.     Alternative qualification for mechanical services—air-conditioning and refrigeration occupational licence

           Division 6 - Transitional provisions for Queensland Building and Construction Commission (Fire Protection Licensing) Amendment Regulation 2021

              Subdivision 1 - Preliminary

   87.     Definition for division

              Subdivision 2 - Scope of work for particular transitioned licences

   88.     Scope of work for particular transitioned licences

              Subdivision 3 - Applications for licences of particular former classes

   89.     Definitions for subdivision
   90.     Existing applications for licences of relevant former classes
   91.     New applications for licences of relevant former classes

   PART 9A - (Repealed)
           SCHEDULE 1
           SCHEDULE 1AA
           SCHEDULE 1A
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 3A
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 7A
           SCHEDULE 7B
           SCHEDULE 8