Victorian Repealed Regulations

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This legislation has been repealed.

BUILDING (INTERIM) REGULATIONS 2005

S.R. No. 51/2005
Version as at 14 June 2005

TABLE OF PROVISIONS

           Regulation Page

   PART 1-PRELIMINARY

           Division 1-Introduction

   101.    Objectives
   102.    Authorising provisions
   103.    Commencement
   104.    Revocation
   105.    Definitions
   106.    Use of BCA terms
   107.    Numerical values
   108.    Use of buildings

           Division 2-Building Code of Australia

   109.    Building Code of Australia
   110.    Accreditation authority
   111.    Certificates under the BCA
   112.    Classification of buildings
   113.    Fire performance requirements-alternative solutions

   PART 2-OWNER BUILDERS

   201.    Information to be contained in application for certificate of consent
   202.    Application fee for certificate of consent
   203.    Information to be contained in certificate of consent
   204.    Register of certificates of consent

   PART 3-BUILDING PERMITS

           Division 1-Applications

   301.    Applications for building permits
   302.    Application for permit to construct building
   303.    Application for permit to alter an existing building
   304.    Application for permit to demolish, remove building
   305.    Additional information to accompany application for permit to construct or alter
   306.    Exemption for stage of building work
   307.    Time limits-applications for building permits

           Division 2-Reporting Authorities

   308.    Prescribed reporting authorities and prescribed matters
   309.    Report and consent required for fire safety matters
   310.    Report and consent for building over easements
   311.    Electricity sub-stations
   312.    Maximum fee for demolition report and consent

           Division 3-Building Permits

   313.    Issue of building permit
   314.    Building surveyor to forward details of fire sprinklers to chief officer
   315.    Building surveyor to provide copy of permit
   316.    Commencement and completion of work
   317.    Applicant to make documents, permit available
   318.    Provision and display of permit information
   319.    Owner to notify change of owner or builder

           Division 4-Duties of Building Surveyor

   320.    Documents to be given to council
   321.    Lodgement fees
   322.    Building permit levies
   323.    Permit details
   324.    Guarantees and bonds

           Division 5-Duties of Council

   325.    Period that documents must be kept
   326.    Council to make documents available
   327.    Requests for information
   328.    Fees for requests for information

   PART 4-SITING

           Division 1-Introduction

   401.    Application
   402.    Definitions
   403.    References to planning schemes
   404.    What is an existing building?
   405.    What is a single dwelling?
   406.    Exception concerning approved building envelopes

           Division 2-Single Class 1 Buildings and Associated Class 10 Buildings

   407.    Application of Division
   408.    Maximum street setback
   409.    Minimum street setbacks
   410.    Building height
   411.    Site coverage
   412.    Permeability
   413.    Car parking
   414.    Side and rear setbacks
   415.    Walls on boundaries
   416.    Daylight to existing habitable room windows
   417.    Solar access to existing north-facing windows
   418.    Overshadowing of recreational private open space
   419.    Overlooking
   420.    Daylight to habitable room windows
   421.    Private open space

           Division 3-Siting of Class 10a buildings

   422.    Siting of Class 10a buildings

           Division 4-Class 10b Buildings

   423.    Application of Division
   424.    Front fence height
   425.    Fence setbacks from side and rear boundaries
   426.    Fences on or within 150mm of side or rear boundaries
   427.    Fences on street alignments
   428.    Fences and daylight to windows in existing dwelling
   429.    Fences and solar access to existing north-facing habitable room windows
   430.    Fences and overshadowing of recreational private open space
   431.    Masts, poles etc.

   PART 5-ALLOTMENTS AND PROJECTIONS

           Division 1-Allotments

   501.    Application
   502.    Combined allotments
   503.    Subdivision of existing buildings

           Division 2-Projections

   504.    Projections beyond the street alignment
   505.    Architectural features
   506.    Windows and balconies
   507.    Verandahs
   508.    Sunblinds and awnings
   509.    Service pipes and rainwater heads
   510.    Window shutters
   511.    Signs
   512.    Report and consent required
   513.    Footings adjoining boundaries are permissible

           Division 3-Buildings Above or Below Certain Public Facilities

   514.    Buildings above or below certain public facilities

   PART 6-BUILDING WORK

           Division 1-General Provisions

   601.    Testing of materials
   602.    Protection of adjoining property
   603.    Exceptions to carrying out protection work
   604.    Protection of the public
   605.    Excavations
   606.    Retaining walls
   607.    Demolition
   608.    Alterations to buildings
   609.    Alterations affecting exits and paths to exits
   610.    Storm water drainage

           Division 2-Special Provisions

   611.    Extension of non-complying external wall
   612.    Record of pile-driving
   613.    Branding of timber

   PART 7-BUILDING WORK-SAFETY REQUIREMENTS

           Division 1-Existing Swimming Pools and Spas

   701.    Definition of owner
   702.    Application of this Division
   703.    Requirement for barriers
   704.    Requirements for doors or gates
   705.    Requirements for windows in walls used as barriers

           Division 2-Fire Safety in Certain Existing Residential Buildings

   706.    Definition of owner
   707.    Self contained smoke alarms
   708.    Residential care buildings-automatic fire sprinkler systems
   709.    Hard-wired smoke alarms or detection system
   710.    Shared accommodation buildings-automatic sprinkler
           systems

   PART 8-BUILDING WORK IN SPECIAL AREAS

   801.    Septic tank systems
   802.    Flood areas
   803.    Termite areas
   804.    Designated bushfire prone areas
   805.    Alpine areas
   806.    Designated land or works
   807.    Designated special areas-mapping

   PART 9-INSPECTIONS NOTICES AND ORDERS

   901.    Mandatory notification stages for inspection
   902.    Availability and keeping of directions
   903.    Emergency orders
   904.    Building notice
   905.    Building orders
   906.    Amendment or cancellation of a building order

   PART 10-OCCUPANCY PERMITS AND CERTIFICATES OF FINAL INSPECTION

   1001.   Application of Part
   1002.   Application for occupancy permit
   1003.   Reporting authorities for occupancy permit
   1004.   Time limits
   1005.   Form of occupancy permit
   1006.   Form of certificate of final inspection
   1007.   Display of occupancy permit at approved location
   1008.   Approved location for display of permit
   1009.   Owner to make permit available for inspection
   1010.   Keeping of occupancy permit records
   1011.   Change of use
   1012.   Information to be supplied to council
   1013.   Documents to be given to council
   1014.   Prescribed time to give council other documents
   1015.   Building surveyor to notify chief officer of issue of certificates of final inspection

   PART 11-PLACES OF PUBLIC ENTERTAINMENT

   1101.   Application
   1102.   Prescribed classes
   1103.   Occupancy permit applications for prescribed places of public entertainment made to Commission
   1104.   Prescribed temporary structures
   1105.   Conditions of use
   1106.   Structural design of structures

   PART 12-MAINTENANCE OF BUILDINGS AND PLACES OF PUBLIC ENTERTAINMENT

           Division 1-Maintenance of Essential Safety Measures in Certain Buildings and Places of Public Entertainment

   1201.   Application of Division
   1202.   Definitions
   1203.   Maintenance requirements for essential safety measures when occupancy permit required
   1204.   Maintenance requirements of essential safety measures in other circumstances
   1205.   Owner must comply with maintenance determination
   1206.   Display of maintenance determination
   1207.   Approved location for display of maintenance determination
   1208.   Determination to be available for inspection
   1209.   Owner must prepare annual report
   1210.   Contents and form of annual report
   1211.   Display of annual essential safety measures report
   1212.   Annual reports and records to be made available

           Division 2-Maintenance of Essential Safety Measures in Other Buildings and Places of Public Entertainment

   1213.   Application of Division
   1214.   Definition of essential safety measure
   1215.   Owner's responsibility
   1216.   Maintenance of exits

           Division 3-Swimming Pool and Spa Maintenance and Operation

   1217.   Swimming pool and spa maintenance and operation

   PART 13-COOLING TOWER SYSTEMS

   1301.   Application to register or renew registration
   1302.   Registration and renewal fees
   1303.   Notification of alterations to cooling tower system
   1304.   Information to be included in the register

   PART 14-BUILDING PRODUCT ACCREDITATION

   1401.   Definitions
   1402.   Application of Part
   1403.   Prescribed body to accredit products
   1404.   Application for accreditation
   1405.   Accreditation fees
   1406.   Certificate of accreditation
   1407.   Registration of accredited products
   1408.   Revocation of accreditation
   1409.   Records
   1410.   Information in application to remain confidential
   1411.   Offence to falsely claim product accredited

   PART 15-BUILDING PRACTITIONERS

   1501.   Definition
   1502.   Professional standards
   1503.   Prescribed qualifications and classes
   1504.   Period for which private building surveyor may not act
   1505.   Certificates of compliance-proposed building work
   1506.   Certificates of compliance-building work
   1507.   Forms of certificates of compliance
   1508.   Duplicate certificate fee

   PART 16-BUILDING APPEALS BOARD

   1601.   Appeal periods
   1602.   Building Appeals Board fees
   1603.   Additional fees
   1604.   Fees to be refunded

   PART 17-INFRINGEMENT NOTICES

   1701.   Application
   1702.   Authorised officers
   1703.   Prescribed offences
   1704.   Form of infringement notices
   1705.   Prescribed penalties
   1706.   Payment of prescribed penalty

   PART 18-EXEMPTIONS

           Division 1-Exemptions for Certain Buildings and Building Work

   1801.   Exemptions from permits
   1802.   Exemptions from building regulations
   1803.   Exemption from permit for temporary structures
   1804.   Exemption for farm buildings

           Division 2-Exemptions in Relation to Certain Buildings

   1805.   Exemptions relating to building surveyors
   1806.   Exemption from permit application fees

           Division 3-Exemptions Relating to Builders of Multi-storey Residential Buildings

   1807.   Definitions
   1808.   Exemption from required insurance for builder
   1809.   Exemptions from required insurance for owner-builders

           Division 4-Exemptions from Registration for Certain Building Practitioners

   1810.   Domestic builders if work less than $5000.
   1811.   Builders of Class 10 buildings
   1812.   Builders of masts and similar Class 10b structures
   1813.   Draftsperson doing certain domestic building work
   1814.   Draftsperson doing certain work for engineer
   1815.   Registration requirements for certain domestic builders

   PART 19-TRANSITIONAL PROVISIONS

   1901.   Annual essential services reports deemed to be annual
           essential safety measures reports
   1902.   Registration of building practitioners not affected by
           revocation of Building Regulations 1994.

   PART 20-EXPIRY

   2001.   Expiry
           __________________
           SCHEDULE 1-Revocations
           SCHEDULE 2-Forms
           Form 1-Application for a Building Permit
           Form 2-Building Permit
           Form 3-Building permit levy return
           Form 4-Building work Commencement, Completion or Permit Lapse Return
           Form 5-Protection Work Notice
           Form 6-Protection Work Response Notice
           Form 7-Application for Occupancy Permit
           Form 8-Occupancy Permit
           Form 9-Certificate of Final Inspection
           Form 10-Annual Essential Safety Measures Report
           Form 11-Certificate of Compliance-Design
           Form 12-Certificate of Compliance-Inspection
           Form 13-Building Infringement Notice
           SCHEDULE 3-Time Limits for Building Permit Applications
           SCHEDULE 4-Prescribed Matters Reported on by Prescribed
           Reporting Authorities
           SCHEDULE 5-Planning Schemes
           SCHEDULE 6-Time Limits for Occupancy Permit Applications
           SCHEDULE 7-Categories/Classes of Building Practitioners and Qualifications
           SCHEDULE 8-Exemptions for Buildings and Building Work
           ---------------
           ENDNOTES
   1.      General Information
   2.      Table of Amendments
   3.      Explanatory Details

           Division 1-Introduction


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