(1) In this
regulation —
relevant building standards , in relation to a
part of a building, means —
(a) if
one or more building permits have been granted in respect of the
part — the building standards in the edition of the Building Code
identified in the applicable certificate of design compliance for the most
recent of those building permits; or
(b) if
paragraph (a) does not apply but one or more building licences were issued
under the Local Government (Miscellaneous Provisions) Act 1960 in
respect of that part —
(i)
the building standards in the edition of the Building
Code that applied at the time the most recent building licence was issued; or
(ii)
if no edition of the Building Code applied at the time
the most recent building licence was issued — each requirement in
relation to the technical aspects of the construction of the part applicable
at that time;
or
(c)
otherwise — each requirement in relation to the technical aspects
of the construction of the part applicable to the part at the time of its
construction;
safety measures means measures relating to the
following —
(a)
building fire integrity;
(b)
means of egress;
(c)
signs;
(d)
lighting;
(e) fire
fighting services and equipment;
(f) air
handing systems;
(g)
automatic fire detection and alarm;
(h)
occupant warning systems;
(i)
lifts;
(j)
standby power supply systems;
(k)
building clearance and fire appliances;
(l)
glazed assemblies, balconies, balustrades, refrigerated chambers, strong
rooms, vaults;
(m)
bushfire protection measures;
(n)
building use and application.
(2) The owner of an
existing building that is a Class 2 to Class 9 building must ensure
that —
(a) the
safety measures in each part of the building are capable of performing to a
standard set out in the relevant building standards for the part; and
(b) the
mechanical ventilation, hot water, warm water and cooling water systems are
adequately maintained to safeguard people from illness or injury; and
(c) the
building’s services in each part of the building continue to perform to
a standard of energy efficiency that is equal to or greater than the standard
in the relevant building standards for the part.
Penalty: a fine of $5 000.
[Regulation 48A inserted: Gazette 24 Apr 2014
p. 1138‑9; amended: Gazette 30 Jun 2015
p. 2328‑9.]