Victorian Consolidated Regulations

BUILDING REGULATIONS 2018 - REG 121

Despite anything to the contrary in the BCA, the relevant building surveyor must not determine that a performance solution complies with a fire performance requirement of the BCA unless the relevant building surveyor—

        (a)     holds a Graduate Certificate in Performance‑Based Building & Fire Codes from Victoria University; or

        (b)     holds a qualification that the Victorian Building Authority considers is equivalent to that Certificate; or

        (c)     relies on a report of the chief officer under regulation 129, that states that the chief officer is satisfied that a satisfactory degree of fire safety is achieved by that performance solution; or

        (d)     relies on a certificate under section 238 of the Act by a fire safety engineer, who did not design the building work, that states that the performance solution complies with that performance requirement; or

        (e)     relies on a certificate under section 238 of the Act by a registered building surveyor, who did not design the building work, and who holds a qualification referred to in paragraph (a) or (b), that states that the performance solution complies with that performance requirement; or

        (f)     relies on a determination of the Building Appeals Board under section 160A of the Act that the performance solution complies with that performance requirement; or

        (g)     relies on a certificate of accreditation issued by the Building Regulations Advisory Committee that states that the performance solution complies with that performance requirement; or

        (h)     relies on a Certificate of Conformity issued by a person or body duly authorised by the Australian Building Codes Board, that states that the performance solution complies with that performance requirement.

Reg. 122 amended by S.R. No. 73/2021 reg. 7(1).