South Australian Numbered Regulations South Australian Numbered Regulations5—Substitution of regulations 80 and 80A
Regulations 80 and 80A—delete regulations 80 and 80A and substitute:
80—Requirement to upgrade building in certain circumstances (disability access requirements)
(1) For the purposes of section 53A(1) of the Act, 1 January 2002 is prescribed.
(2) For the purposes of section 53A(2) of the Act, an alteration that involves assessment by the relevant authority of the building work against the access provisions of the Building Code is an alteration of a prescribed class.
(3) Pursuant to section 53A(3) of the Act (but without limiting any other circumstances in which a relevant authority may elect not to require building work or other measures be carried out)—
(a) a relevant authority must not require building work or other measures (the "proposed work ) to be carried out under section 53A(2) of the Act if—
(i) it would cause unjustifiable hardship (within the meaning of the Disability (Access to Premises-Buildings) Standards 2010 made under the Disability Discrimination Act 1992 of the Commonwealth) to require the proposed work to be carried out; or
(ii) the lessee of the part of the building that is being altered has submitted the application for building rules consent (other than where the whole of the building is leased by the same lessee); or
(iii) the building being altered is a class 2 building that was constructed before 1 May 2011; and
(b) a relevant authority must not require building work or other measures to be carried out under section 53A(2) of the Act in relation to an existing lift if the lift—
(i) travels more than 12 metres; and
(ii) has a floor area of not less than 1 100 millimetres by 1 400 millimetres; and
(c) a relevant authority must not require building work or other measures to be carried out under section 53A(2) of the Act in relation to existing sanitary facilities if the sanitary facilities—
(i) are suitable for use by people with a disability; and
(ii) comply with AS1428.1—2001 Design for access and mobility Part 1:General requirements for access—new building work .
(4) In this regulation—
"access provisions" of the Building Code are the requirements within the Building Code relating to access to buildings, or facilities and services within buildings, for people with a disability.
80A—Modification of Building Code (disability access requirements)
(1) The Building Code is, for the purposes of its adoption by these regulations, modified in its application to building work in accordance with this regulation.
(2) A requirement of the Building Code relating to access to buildings, or facilities and services within buildings, for people with a disability does not apply to building work if it would cause unjustifiable hardship (within the meaning of the Disability (Access to Premises-Buildings) Standards 2010 made under the Disability Discrimination Act 1992 of the Commonwealth) to comply with the requirement.