South Australian Current Regulations South Australian Current Regulations61—Certificate of independent technical expert in certain cases
(1) This regulation
applies to the assessment of a proposed development against the Building Rules
in respect of—
(a)
materials and forms of construction to which Part B1 of Volume 1, or
Part 2.1 of Volume 2, of the Building Code applies; or
(b) the
matters referred to in Section E of Volume 1 of the Building Code;
or
(c) the
matters referred to in Section J of Volume 1, or Part 2.6 of
Volume 2, of the Building Code.
(2) For the purposes
of section 118(8)(a) of the Act, a relevant authority must, in a
circumstance where this regulation applies, accept that building work complies
with the Building Rules to the extent that such compliance is certified by the
provision of technical details, particulars, plans, drawings or specifications
prepared and certified by an independent technical expert who—
(a)
certifies that the materials, forms of construction and systems to which the
details, particulars, plans, drawings or specifications relate will, if
installed or carried out in accordance with the details, particulars, plans,
drawings or specifications, comply with the requirements of the Building Code;
and
(b) sets
out in detail the basis on which the certificate is given and the extent to
which the person giving the certificate has relied on relevant tests,
specifications, rules, standards, codes of practice or other publications.
(3) For the purposes
of section 235(1) of the Act, a relevant authority or authorised officer
may rely on a certificate of an independent technical expert in a circumstance
to which this regulation applies.
(4) In this
regulation—
"independent technical expert" means a person who, in relation to building
work—
(a) is
not the building owner or an employee of the building owner; and
(b) has
not—
(i)
been involved in any aspect of the relevant development
(other than through the provision of preliminary advice of a routine or
general nature); or
(ii)
had a direct or indirect pecuniary interest in any aspect
of the relevant development or any body associated with any aspect of the
relevant development; and
(c) has
engineering or other qualifications that the relevant authority is satisfied,
on the basis of advice received from the accreditation authority under the
Planning, Development and Infrastructure (Accredited Professionals)
Regulations 2019 , a relevant professional association, or another
relevant registration or accreditation authority, qualify the person to act as
a technical expert under this regulation.