Building Act 1975Building Regulation 2006Part 1Preliminary1Short titleThis regulation may be cited as the Building Regulation 2006.2CommencementThis regulation commences immediately after the Building and Other Legislation Amendment Act 2006, section 5, commences.3DefinitionsThe dictionary in schedule 4 defines particular words used in this regulation.Part 2Accepted building workpt hdg sub 2017 SL No. 103 s 124Accepted building work for the Planning Act—Act, s 21(2)(a)(1)Schedules 1 and 2 prescribe building work for section 21(2)(a) of the Act.(2)Building work prescribed in schedule 1 is accepted development for the Planning Act only if the building work complies with the relevant provisions under section 25(5) of the Act for the work.s 4 amd 2009 SL No. 280 s 52sub 2017 SL No. 103 s 125Building work that is exempt development for the Planning Act—Act, s 22s 5 amd 2009 SL No. 280s 53om 2017 SL No. 103 s 12Part 2APROVISIONS RELATING TO BUILDING ASSESSMENT WORKpt 2A (ss 5A–5E) ins 2012 SL No. 186s 3om 2013 SL No. 304s 45Apt 2A (ss 5A–5E) ins 2012 SL No. 186s 3om 2013 SL No. 304s 45Bpt 2A (ss 5A–5E) ins 2012 SL No. 186s 3om 2013 SL No. 304s 45Cpt 2A (ss 5A–5E) ins 2012 SL No. 186s 3om 2013 SL No. 304s 45Dpt 2A (ss 5A–5E) ins 2012 SL No. 186s 3om 2013 SL No. 304s 45Ept 2A (ss 5A–5E) ins 2012 SL No. 186s 3om 2013 SL No. 304s 4Part 3Prescribed matters or aspects for local laws or local planning instrumentspt hdg amd 2009 SL No. 280s 54pt 3 div 1 hdg om 2006 SL No. 315s 4pt 3 div 2 hdg om 2006 SL No. 315s 4pt 3 div 3 hdg om 2006 SL No. 315s 46Operation of pt 3This part prescribes, for section 32 of the Act—

(a)matters that a local planning instrument may designate for the BCA or QDC; and

(b)aspects of, or matters related or incidental to, building work about which a local government makes or amends in a provision of a local law or planning scheme or a resolution.

Notes—

1A provision of a local law, local planning instrument or resolution about a prescribed aspect or matter is a building assessment provision. See section 30(1)(e) of the Act.

2For public access to maps provided for under this part and registers under section 13(4), see the Planning Act, section 264 and the Planning Regulation 2017, schedule 22.

s 6 amd 2009 SL No. 280 s 55; 2011 SL No. 265 s 4; 2012 SL No. 186 s 4; 2013 SL No. 304 s 5; 2017 SL No. 109 s 137Additional water saving targets(1)This section applies for work (relevant work) that—

(a)is the subject of building assessment work or is accepted building work; and

(b)is for a class 1 building.

(2)A provision of a local law or planning instrument or a local government resolution may impose a requirement (an additional requirement) for relevant work about the matters provided for under performance criteria 1 and 2 under QDC part 4.2.(3)However, an additional requirement may be imposed only if—

(a)it includes acceptable solutions that apply for the performance criteria; and

(b)the acceptable solutions are—

(i)a more effective measure for saving water than under QDC part 4.2; and

(ii)a qualitative statement or quantifiable standard.

Examples of requirements that may comply with subsection (3)—

•a dual reticulation requirement under which 2 separate water pipelines must supply the building, one of which delivers recycled water and the other delivers drinking water

•a stormwater reuse requirement under which stormwater is required to be harvested and stored, above or below ground, for reuse

•a communal rainwater tank requirement under which harvested rainwater must be stored in an above or below ground community storage tank for use by a community the area of which includes the building

(4)If there are additional requirements for relevant work, the work must comply with QDC part 4.2 and the additional requirements.s 7 sub 2006 SL No. 315 s 5amd 2007 SL No. 326 s 3; 2017 SL No. 103 s 148Justification for designating rainwater tank areass 8 om 2006 SL No. 315s 59Guidelines for justifying designation of rainwater tank areass 9 om 2006 SL No. 315s 510Planning scheme provisions about particular performance criteria under QDC part 1.1 or QDC part 1.2(1)This section applies for building work (relevant work) for a single detached class 1 building or a class 10 building or structure located on the same allotment as a single detached class 1 building.(2)A local government planning scheme—

(a)may provide that all or some of performance criteria 4, 5, 7, 8 or 9 under QDC part 1.1 or QDC part 1.2 and the relevant acceptable solutions under the part for the performance criteria apply for relevant work; or

(b)may, for relevant work, provide for qualitative statements for matters provided for under all or some of the performance criteria if the scheme also provides for quantifiable standards for the statements.

s 10 amd 2006 SL No. 315s 6; 2007 SL No. 326s 4; 2010 SL No. 48s 311Swimming pool construction(1)A local law may require—

(a)the construction of fencing around swimming pools; or

(b)doors, windows and other openings giving access to swimming pools to comply with the local law.

(2)However—

(a)the requirement can not allow the construction of fencing around outdoor swimming pools on residential land to a standard less effective than the standard under section 235 of the Act; and

(b)the local law has effect only if it can reasonably be characterised as being directed to inhibiting young children from accessing swimming pools.

12Designation by local planning instrument of bush fire prone areas(1)A local government may, in a local planning instrument, designate all or part of its area as a designated bush fire prone area for the BCA or QDC.(2)On the making of the designation, the provisions of the BCA or QDC that apply to a designated bushfire prone area apply for any building assessment work that relates to the area.(3)The local government must, if it is practicable to do so, ensure its planning scheme maps show each of its designated bush fire prone areas.(4)If it is not practicable for the local government to show each of the areas in its planning scheme maps, it must—

(a)prepare maps showing the areas; and

(b)ensure the maps are updated from time to time to show its current designated bush fire prone areas.

(5)The maps must state when each designation was made.s 12 amd 2008 SL No. 227s 3; 2009 SL No. 191s 313Land liable to flooding(1)A local government may, in a planning scheme or by a temporary local planning instrument under the Planning Act or a resolution—

(a)designate part of its area as a flood hazard area; and

(b)declare the following for all or part of a flood hazard area—

(i)the defined flood level;

(ii)the maximum flow velocity of water;

(iii)an inactive flow or backwater area;

(iv)a freeboard that is more than 300mm;

(v)the finished floor level of class 1 buildings built in all or part of the flood hazard area.

(2)The local government must, on the making of a designation or declaration, state in the planning scheme, temporary local planning instrument or resolution that the designation or declaration is made under this section.Note—Under the QDC part MP 3.5, that part applies to the lawful carrying out of certain building work to the extent the building work is carried out wholly or partly within a flood hazard area and a defined flood level is declared by a local government for the area.(3)The local government must, in designating a flood hazard area, comply with—

(a)a State planning policy; and

(b)if there is a temporary State planning policy under the Planning Act in effect when the designation is made which affects the operation of a State planning policy for the designation—the temporary State planning policy to the extent it applies.

(4)The local government must keep a register of the flood hazard areas it designates and when each designation was made.(5)In this section—defined flood level means the level to which it is reasonably expected flood waters may rise.finished floor level means the level of the uppermost surface of a finished floor not including any floor covering.Examples of a floor covering—carpet, tilesfreeboard means a height above the defined flood level that takes account of matters that may cause flood waters to rise above the defined flood level.Example of matters that may cause a flood level to rise above the defined flood level—wave action, localised hydraulic behaviourinactive flow or backwater area means all or part of a flood hazard area where the maximum flow velocity of water is not likely to be greater than 1.5m/s.maximum flow velocity of water, for all or part of a flood hazard area, means a flow velocity of water that is reasonably expected to be the maximum flow velocity of water for all or part of the flood hazard area.State planning policy means a State planning policy under the Planning Act, other than a temporary State planning policy.s 13 amd 2009 SL No. 280 s 56; 2012 SL No. 186 s 5; 2013 SL No. 205 s 3; 2013 SL No. 304 s 6; 2017 SL No. 103 s 15Part 3ASmoke alarms for domestic dwellingspt hdg ins 2016 SL No. 221 s 613AA Application of part(1)This part applies to a building development application for the construction of a domestic dwelling.(2)Building assessment work for the application must be carried out under this part.(3)Subsection (2) applies in addition to any requirements in the BCA about smoke alarms for domestic dwellings.s 13AA ins 2016 SL No. 221 s 613AB Definition for partIn this part—domestic dwelling means either of the following—

(a)a class 1a building;

(b)a sole-occupancy unit, within the meaning of the BCA, in a class 2 building.

s 13AB ins 2016 SL No. 221 s 613AC Smoke alarms for domestic dwellings(1)A smoke alarm must be installed in each bedroom of the domestic dwelling, in a place that complies with section 13AD.(2)Each smoke alarm must—

(a)comply with AS 3786–2014; and

(b)contain a photoelectric sensor; and

(c)not also contain an ionisation sensor; and

(d)be hardwired to the domestic dwelling’s electricity supply; and

(e)be interconnected to every other smoke alarm installed in the dwelling.

(3)A smoke alarm (the first smoke alarm) is interconnected to another smoke alarm if—

(a)the first smoke alarm sounds an alert if the other smoke alarm is activated because its sensor detects smoke; and

(b)the other smoke alarm sounds an alert if the first smoke alarm is activated because its sensor detects smoke.

(4)Subsections (1) and (2) do not apply to a sole-occupancy unit in a class 2 building if a smoke detection system that complies with the BCA, specification E2.2a, clause 4 has been installed in the domestic dwelling.(5)If the BCA is inconsistent with this section, this section prevails to the extent of the inconsistency.s 13AC ins 2016 SL No. 221 s 613AD Requirements for placement of a smoke alarmFor section 13AC(1), the place a smoke alarm is installed—

(a)must be on—

(i)if it is practicable to mount a smoke alarm on a ceiling—the ceiling; or

(ii)if subparagraph (i) does not apply and an exposed joist or beam has a depth of no more than 300mm when measured from the ceiling—the underside of the exposed joist or beam; or

(iii)otherwise—a wall in an area that is between 100mm and 300mm from the ceiling and more than 300mm from the corner of 2 walls; and

(b)if the smoke alarm is installed on a ceiling that slopes—must be in an area of the ceiling that is between 500mm and 1,500mm from the apex of the ceiling; or

(c)must not be—

(i)within 300mm of a light fitting; and

(ii)if the smoke alarm is installed on a ceiling—within 300mm of a corner of the ceiling and a wall; and

(iii)if the smoke alarm is installed in a stairwell—where smoke rising in the stairwell will not reach the smoke alarm because of an obstruction; and

(iv)within 400mm of an opening from which air is supplied from an air conditioner or forced air ventilation; and

(v)within 400mm of the blades of a ceiling fan.

s 13AD ins 2016 SL No. 221 s 6Part 4Swimming pool safetypt hdg amd 2009 SL No. 262s 4sub 2010 SL No. 289s 4Division 1Swimming pool barriers and signsdiv hdg ins 2010 SL No. 289s 413AResuscitation sign requirements and display(1)A standard prescribed for section 231D(1)(b) of the Act for a regulated pool is the display of a resuscitation sign complying with the requirements for a resuscitation sign in subsection (2).(2)The sign must—

(a)be attached to the barrier for the pool, or displayed near the pool, so that the sign is conspicuous and easily visible to anyone near the pool; and

(b)be at least 300mm x 300mm in size; and

(c)be made of durable and weatherproof material; and

(d)include a statement that is prominent on the sign explaining to anyone reading the sign how to act in an emergency, including, for example, telephoning for an ambulance, staying with the injured person, calling for help and providing first aid; andExample of what sign must state—‘In an emergency phone 000 and ask for ambulance. Stay with injured person, call for help and resuscitate.’

(e) show information about the procedures for providing first aid, including performing cardiopulmonary resuscitation in the way stated in the document called ‘ANZCOR guideline 8—Cardiopulmonary resuscitation (CPR)’ published by the Australian Resuscitation Council in January 2016.Note—However, see sections 63 and 67.

(3)Each diagram or letter on the sign must be durable, legible and clearly visible.(4)In this section—resuscitation sign means a sign showing procedures for providing first aid, including, for example, expired air resuscitation and external cardiac compression.s 13A ins 2010 SL No. 289s 5amd 2014 SL No. 120s 3; 2016 SL No. 192 ss 4–514Warning sign requirements and display—Act, s 233(1)This section prescribes, for section 233(2) of the Act—

(a)the way a warning sign must be displayed on land before the construction of a regulated pool, other than a portable swimming pool, on the land; and

(b)the requirements for the sign.

(2)The sign must—

(a)warn members of the public in the vicinity of the land that—

(i)a swimming pool is under construction on the land; and

(ii)there is a potential danger to young children accessing the land; and

Example of what sign must state—‘Danger. Swimming pool under construction. Keep children out.’

(b)subject to subsection (4), be placed on, or within 1.5m of, the road frontage for the land; and

(c)be mounted so that the bottom of the sign is at least 300mm above ground level; and

(d)be positioned so that it is visible from the road; and

(e)be made of weatherproof material.

(3)Any lettering on the sign that relates to the warning mentioned in subsection (2)(a) must be at least 50mm in height and in a bold style.(4)If the land has more than 1 road frontage, a sign need only be placed on 1 of the frontages.(5)The sign may include a reference to a matter other than the warning mentioned in subsection (2)(a).(6)In this section—road frontage, for land, means—

(a)if the only access to the land is across other land—the boundary between the other land and any road adjoining the other land at the point of access; or

(b)otherwise—the boundary between the land and any road adjoining the land.

s 14 amd 2009 SL No. 262s 5sub 2010 SL No. 309s 4Division 2General provisionsdiv hdg ins 2010 SL No. 289s 615Prescribed local governments—Act, s 246ACAFor section 246ACA of the Act, a prescribed local government is a local government mentioned in schedule 2A.s 15 prev s 15 amd 2009 SL No. 262s 6om 2010 SL No. 309s 4pres s 15 ins 2010 SL No. 309s 516Prescribed notification requirements—Act, s 246ATM(1)This section prescribes for section 246ATM(2) of the Act a notification requirement for the owner of regulated premises.(2)The owner must give a prospective purchaser of the premises, before entering into any contract for the sale of the premises, a notice in the approved form.Editor’s note—The approved form can be accessed, free of charge, on QBCC’s website.Maximum penalty—20 penalty units.s 16 prev s 16 om 2010 SL No. 309s 4pres s 16 ins 2010 SL No. 309s 5amd 2014 SL No. 255s 416AAdditional particulars for regulated pools register—Act, s 246ASEach of the following matters is prescribed for section 246AS(3)(c) of the Act for a regulated pool—

(a)whether an alternative solution under section 14(4)(b) of the Act to a performance requirement under the pool safety standard has been used for the barriers for the pool;

(b)whether the chief executive has decided under section 41 of the Act to vary how a provision of the pool safety standard relating to the barriers for the pool applies to the pool, and the effect of the variation;

(c)whether an exemption granted by a local government under section 240 of the Act is in force for the barriers for the pool;

(d)whether, on appeal to a building and development dispute resolution committee under the repealed Sustainable Planning Act 2009, the committee has granted an exemption for the pool under previous section 240 of the Act;

(e)if there is a building certificate that applies to the pool under section 246AN of the Act—

(i)the day the building certificate was given; and

(ii)the period for which the building certificate may be used instead of a pool safety certificate for the pool.

s 16A ins 2010 SL No. 289 s 6amd 2014 SL No. 120 s 4; 2017 SL No. 103 s 1616BPrescribed professional indemnity insurance—Act, s 246AV(1)For section 246AV of the Act, the prescribed professional indemnity insurance for a pool safety inspector is professional indemnity insurance that provides for all of the following—

(a)a minimum limit of indemnity of a total of $1m during any 1 period of insurance that may arise from the performance by the pool safety inspector of a pool safety inspection function;

(b)as well as the limit of indemnity mentioned in paragraph (a)—

(i)indemnity for costs and expenses incurred with the consent of the insurer for defending or settling a claim; and

(ii)no exclusion or special limitation for personal injury or property damage; and

(iii)no requirement for any particular disclaimer to be given by the pool safety inspector to the pool safety inspector’s clients or customers before, during or after the performance of the pool safety inspection function;

(c)indemnity for breaches of professional duty as a pool safety inspector arising from an act, error or omission of the inspector after the day the inspector first became a pool safety inspector;

(d)at least 1 automatic reinstatement of indemnity;

(e)indemnity for negligent performance of a pool safety inspection function (other than for claims for fraudulent or illegal acts or omissions);

(f)if the pool safety inspector performs a pool safety inspection function as an employee—indemnity to former principals, partners and directors of the employer of the pool safety inspector who were, but no longer are, pool safety inspectors.

(2)For subsection (1), a pool safety inspector who is a member of a corporation, or an employee of an individual, a corporation or a public sector entity, has the prescribed professional indemnity insurance if the corporation, individual or entity has the professional indemnity insurance mentioned in subsection (1).(3)For subsection (1)(b), the indemnity may, for any 1 claim, be limited to 20% of the limit of indemnity the insurance provides under subsection (1)(a) for the claim.(4)Subsection (1) does not apply to a pool safety inspector employed as a pool safety inspector by any of the following if the pool safety inspector is performing a pool safety inspection function in the course of the pool safety inspector’s employment—

(a)a local government;

(b)the State;

(c)the Commonwealth;

(d)the Queensland Building and Construction Employing Office established under the Queensland Building and Construction Commission Act 1991, section 29A.

s 16B ins 2010 SL No. 289s 6amd 2010 SL No. 309s 6; 2014 SL No. 255s 516CApproved code of conduct for pool safety inspectors—Act, s 246BAThe code of conduct for pool safety inspectors called ‘Code of conduct for swimming pool safety inspectors’ made by the chief executive on 23 September 2010 is approved.Note—Under section 338(3) of the Act, the code of conduct for pool safety inspectors continues in effect as if the code of conduct had been made by the QBCC commissioner.Editor’s note—Copies of the code of conduct for pool safety inspectors are available for inspection at QBCC’s head office and on its website.s 16C ins 2010 SL No. 289s 6amd 2014 SL No. 255s 616DPrescribed minor repairs—Act, s 246BEFor section 246BE(1) of the Act, the repairs and other works set out in schedule 2B are minor repairs.Notes—

1See also the Queensland Building and Construction Commission Regulation 2003, section 5(1)(b), that provides that particular works of a value of $3,300 or less is not building work for the Queensland Building and Construction Commission Act 1991, schedule 2, definition building work.

2The electrical safety laws, including AS/NZ 3000 (Wiring Rules Standard), apply to fencing for a pool, support structures and other fixed conductive material near a pool. The standard also applies to fencing erected after a pool’s electrical equipment and ancillary fittings are installed.

s 16D ins 2010 SL No. 289s 6amd 2010 SL No. 309s 7; 2013 SL No. 224s 416DAInspection of particular prescribed work(1)This section applies to an owner of a regulated pool if work prescribed under schedule 2C, section 5 is carried out in relation to the pool.(2)However, this section does not apply to the owner if the work carried out in relation to the pool consists only of work that is also prescribed under schedule 2B or 2C, sections 1 to 4.(3)The owner must, unless the owner has a reasonable excuse, ensure that a pool safety inspector inspects the pool—

(a)if the work is carried out during the reinspection period stated in a nonconformity notice given for the regulated pool—within the reinspection period; or

(b)if the work is for a specified pool in relation to which a nonconformity notice has not been given—on a day that is not more than 3 months after the day the owner arranged the inspection under schedule 2C, section 5(2)(c)(ii).

Maximum penalty—20 penalty units.s 16DA ins 2012 SL No. 112s 3amd 2012 SL No. 151s 4Division 2AContinuing professional developmentdiv hdg ins 2012 SL No. 151s 516DBApplication of div 2AThis division prescribes the continuing professional development for the Act, sections 246BN(3)(e) and 246BR(2)(c)(v).s 16DB ins 2012 SL No. 151s 516DCDefinitions for div 2AIn this division—activities—

(a)include courses, seminars, workshops and conferences; but

(b)do not include work experience, unless the work experience is gained while employed by the State or a local government.

CPD activities mean activities approved by the QBCC commissioner under section 16DE(1).def CPD activities amd 2014 SL No. 255s 21sch 1s 16DC ins 2012 SL No. 151s 516DDContinuing professional development(1)A person must accumulate the following number of points (CPD points)—

(a)if the person is a building certifier—4 CPD points;

(b)otherwise—6 CPD points.

(2)A person accumulates CPD points by—

(a)completing CPD activities; or

(b)holding membership of a body mentioned in section 16DE(5).

s 16DD ins 2012 SL No. 151s 516DECPD activities and points(1)The QBCC commissioner may approve activities as CPD activities if the commissioner considers the activities are relevant to pool safety inspection functions or matters incidental to those functions.(2)The QBCC commissioner must publish on the QBCC’s website a list of CPD activities and the number of CPD points awarded for completion of each CPD activity.(3)The QBCC commissioner must allow 1 CPD point to be accumulated for each CPD activity a person undertakes.(4)The QBCC commissioner may allow additional CPD points to be completed for each hour or part of an hour a person undertakes a CPD activity, having regard to the following—

(a)the quality of the CPD activity;

(b)the topics covered by the CPD activity;

(c)the extent to which the CPD activity is relevant to pool safety inspection functions or matters incidental to those functions.

(5)A person holding membership of a body mentioned in schedule 2D, column 1 accumulates the CPD points mentioned in schedule 2D, column 2 shown opposite the body if the person holds the membership at the time the person applies for renewal or restoration of the person’s licence.s 16DE ins 2012 SL No. 151s 5amd 2014 SL No. 255 ss 7, 21 sch 1Division 3Provisions about demerit pointsdiv hdg ins 2010 SL No. 309s 8Subdivision 1Generalsdiv hdg ins 2010 SL No. 309s 816EDefinitions for div 3In this division—accumulate see section 16F(4).continuous 3-year period, in relation to the accumulation of demerit points, means a continuous period of 3 years or less.demerit contravention, by a pool safety inspector, means a contravention, after the commencement of this definition, of a requirement imposed under a relevant provision.demerit points means demerit points allocated by the QBCC commissioner under this division for a demerit contravention.def demerit points amd 2014 SL No. 255s 21sch 1relevant provision means any of the following provisions of the Act—

(a)section 246AA(2);

(b)section 246AB(2);

(c)section 246AC(2);

(d)section 246AC(4);

(e)section 246AD(2);

(f)section 246AJ(4);

(g)section 246AM(2);

(h)section 246AV.

s 16E ins 2010 SL No. 309s 8Subdivision 2Calculation, allocation and accumulation of demerit pointssdiv hdg ins 2010 SL No. 309s 816FPrescribed demerit points—Act, s 246CG(2)(d) and sch 2(1)For section 246CG(2)(d) of the Act, the prescribed number of demerit points is 16 demerit points in a continuous 3-year period.(2)For schedule 2, definition ground for disciplinary action, paragraph (f) of the Act, the prescribed number of demerit points is 16 demerit points in a continuous 3-year period.(3)For subsections (1) and (2), to work out the number of demerit points a pool safety inspector has accumulated in a continuous 3-year period, the QBCC commissioner may add up the demerit points accumulated by the inspector during the relevant continuous 3-year period.(4)A pool safety inspector accumulates a demerit point when the demerit point takes effect.s 16F ins 2010 SL No. 309s 8amd 2014 SL No. 255s 21sch 116GAllocation of demerit points for demerit contraventions(1)This section applies to a pool safety inspector who has committed a demerit contravention.(2)The QBCC commissioner may allocate 2 demerit points under this division to the pool safety inspector for the demerit contravention.Note—For reviews of the decision, see the Queensland Building and Construction Commission Act, part 7, division 3.(3)This section is subject to section 16J.s 16G ins 2010 SL No. 309s 8amd 2014 SL No. 255 ss 8, 21 sch 116HWhen demerit points allocated for demerit offences(1)The QBCC commissioner must allocate demerit points to a pool safety inspector for a demerit contravention as soon as practicable after the commissioner becomes aware of the demerit contravention.(2)Demerit points for a demerit contravention take effect on the following day—

(a)for demerit points allocated for a demerit contravention other than a contravention of section 246AD(2) of the Act—the day after the last day on which the pool safety inspector was required to comply with the relevant provision;

(b)for demerit points allocated for a contravention of section 246AD(2) of the Act—the day on which the commissioner became aware of the demerit contravention.

s 16H ins 2010 SL No. 309s 8amd 2014 SL No. 255s 21sch 116IQBCC commissioner must notify pool safety inspector about allocation of demerit points(1)This section applies if the QBCC commissioner allocates demerit points to a pool safety inspector.(2)The commissioner must, as soon as practicable after the demerit points are allocated, give the pool safety inspector a notice stating the following—

(a)the demerit points allocated;

(b)the demerit contravention for which the demerit points have been allocated;

(c)the day the demerit points were allocated;

(d)the day the demerit points took effect;

(e)that the accumulation of 16 demerit points in a continuous 3-year period is a matter to be considered by the commissioner under section 246CG(2)(d) of the Act if the commissioner is considering whether the pool safety inspector is a suitable person to hold a licence;

(f)that the accumulation of 16 demerit points in a continuous 3-year period is a ground for disciplinary action under the Act and is a matter to be considered by—

(i)the commissioner, if the commissioner is deciding what, if any, disciplinary action to take under chapter 8, part 7, division 2 of the Act; or

(ii)the tribunal, if the tribunal is deciding what, if any, disciplinary action to take under chapter 8, part 7, division 3 of the Act.

(3)The notice must include an information notice about the decision to allocate the demerit points.s 16I ins 2010 SL No. 309s 8amd 2014 SL No. 255s 21sch 116JLimit on demerit points from single audit or investigation(1)This section applies if a pool safety inspector commits a demerit contravention discovered by the QBCC commissioner as a result of a notice given to a pool safety inspector under section 246CP(1) of the Act.(2)Nothing in this section prevents other demerit points being allocated to the pool safety inspector for a demerit contravention discovered by the commissioner as a result of a later notice given under section 246CP(1) of the Act.(3)However, other demerit points must not be allocated for a demerit contravention discovered by the commissioner as a result of a later notice if the demerit contravention—

(a)was committed before the earlier notice; and

(b)was discovered as a result of the earlier notice and resulted in the allocation of demerit points.

s 16J ins 2010 SL No. 309s 8amd 2014 SL No. 255s 21sch 116KProcedure if the QBCC commissioner decides pool safety inspector has accumulated 16 demerit points(1)This section applies if the QBCC commissioner decides that a pool safety inspector has accumulated 16 demerit points in a continuous 3-year period.(2)The commissioner must give the pool safety inspector a notice stating the following—

(a)the details of the demerit contraventions for which the demerit points have accumulated;

(b)the days the points were allocated;

(c)the days the points took effect;

(d)the effect of the inspector having accumulated 16 demerit points in a continuous 3-year period;

(e)that the pool safety inspector may, within a stated period, make written submissions about why the pool safety inspector has not accumulated 16 demerit points in the continuous 3-year period.

(3)The stated period must end at least 28 days after the pool safety inspector is given the notice.(4)The commissioner must consider any submissions made by the pool safety inspector.s 16K ins 2010 SL No. 309s 8amd 2014 SL No. 255s 21sch 116LEnding procedure without further action(1)This section applies if, after considering any submissions made by the pool safety inspector in the stated period, the QBCC commissioner is satisfied the individual has not accumulated 16 demerit points in the continuous 3-year period.(2)The commissioner must, as soon as practicable, advise the pool safety inspector by notice that it does not intend to take any further action.s 16L ins 2010 SL No. 309s 8amd 2014 SL No. 255s 21sch 116MNotice of accumulation of 16 demerit points after submission period(1)This section applies if—

(a)after considering any submissions made by the pool safety inspector, the QBCC commissioner still considers the inspector has accumulated 16 demerit points in a continuous 3-year period; or

(b)the pool safety inspector does not make any submissions.

(2)The commissioner must, by notice given to the pool safety inspector, inform the inspector that—

(a)the commissioner still considers the inspector has accumulated 16 demerit points in a continuous 3-year period; and

(b)the accumulation of 16 demerit points in a continuous 3-year period is a matter to be considered by the commissioner under section 246CG(2)(d) of the Act if the commissioner is considering whether the pool safety inspector is a suitable person to hold a licence; and

(c)the accumulation of 16 demerit points in a continuous 3-year period is a ground for disciplinary action under the Act and is a matter to be considered by—

(i)the commissioner if the commissioner is deciding what, if any, disciplinary action to take under chapter 8, part 7, division 2 of the Act; or

(ii)the tribunal if the tribunal is deciding what, if any, disciplinary action to take under chapter 8, part 7, division 3 of the Act.

(3)The notice must include an information notice about the decision to allocate the demerit points.s 16M ins 2010 SL No. 309s 8amd 2014 SL No. 255s 21sch 1Subdivision 3Reviews of PSC’s decisionssdiv 3 (s 16N) ins 2010 SL No. 309s 8om 2014 SL No. 255s 916Nsdiv 3 (s 16N) ins 2010 SL No. 309s 8om 2014 SL No. 255s 9Part 5Competent personsDivision 1General provisions about competent persons17Appointment and functions(1)Subject to section 18, a building certifier may decide an individual—

(a)is, or has from a particular day been, competent to perform functions that help (design/specification help) the certifier perform building certifying functions for building design or specification; or

(b)is, from the making of the decision, competent to perform functions that help (inspection help) the certifier perform building certifying functions for the inspection of assessable building work.

(2)The decision may be that the individual may give the building certifier—

(a)design/specification help or inspection help generally; or

(b)help limited to a particular aspect of design/specification help or inspection help; or

(c)design/specification help or inspection help only for particular assessable building work.

(3)An individual the subject of a decision under subsection (1) is a competent person.(4)A competent person decided under subsection (1)(a) is a competent person (design/specification).(5)A competent person decided under subsection (1)(b) is a competent person (inspections).(6)A person may be decided to be a competent person (design/specification) and a competent person (inspections) at the same time or for the same matter.18Restrictions on deciding competency(1)A building certifier may decide an individual is a competent person to give design/specification help or inspection help only under subsections (2) to (4) and section 18A.(2)If, under a relevant law, the individual must be licensed or registered to be able to give the help—

(a)the individual must be so licensed or registered; andExample—The help the subject of the decision is considering whether the design of a building is structurally adequate. The registration required is registration under the Professional Engineers Act 2002 as a civil engineer for structural matters.

(b)the building certifier must assess the individual to be competent to be able to give the help, having regard to the individual’s experience, qualifications and skills for the matter.

(3)If no relevant law requires the individual to be licensed or registered to be able to give the help, the building certifier must assess the individual as having appropriate experience, qualifications or skills to be able to give the help.Example—The help the subject of the decision is assessing whether a building complies with the performance requirements for energy efficiency under the BCA, part 3.12. An individual with the skills to carry out appropriate computer modelling for the assessment has appropriate skills to give the help.(4)If the chief executive approves guidelines for making an assessment under this section, the assessment must comply with the guidelines.(5)In this section—relevant law means a law applying in the State that is relevant to practising in the matter the subject of the help.s 18 amd 2011 SL No. 265s 518AIndividuals competent to give inspection help(1)An individual must be a cadastral surveyor to be competent to give inspection help to a building certifier for the boundary clearances aspect of building work for a single detached class 1a building.(2)An individual must be a registered professional engineer to be competent to give inspection help to a building certifier for the reinforcement of footing system aspect of building work for a single detached class 1a building.s 18A ins 2011 SL No. 265s 619Building certifier’s obligation to keep record of decision about competencyIf, under this part, a building certifier decides an individual is a competent person, the certifier must, for at least 5 years after the day the decision was made (the decision day), keep a record stating each of the following—

(a)the person;

(b)the matters for which the person was decided to be a competent person;

(c)the decision day;

(d)if, under section 17(1)(a), the individual was decided to be a competent person (design/specification) from a particular day (the competency day) that was before the decision day—the competency day;

(e)details of the documents or information relied on by the certifier to make the decision;

(f)the certifier’s reasons for the decision.

Maximum penalty—20 penalty units.Division 2Restrictions on functions competent persons may perform20General restrictions(1)Only a competent person (design/specification) may give design/specification help.(2)Only a competent person (inspections) may give inspection help.21Restriction on signing inspection certificate for single detached class 1a or a class 10 building(1)This section applies for assessable building work for a single detached class 1a building or a class 10 building or structure.(2)Unless a competent person is a building certifier, the person can not sign a certificate of inspection for—

(a)the stage of the work that is after excavation of foundation material and before any footings for the building or structure are laid; or

(b)the final stage of the work.

(3)Subsection (2) does not stop a competent person (inspections) who is not a building certifier from giving other inspection help for a stage mentioned in subsection (2) if the building certifier has, under section 17, decided the person can give the help.22Restrictions on giving inspection help(1)This section applies to assessable building work for a building of any class.(2)A competent person can only give inspection help if the building certifier has already decided the person is a competent person (inspections) for the work.(3)A competent person (inspections) can not sign a certificate of inspection for a stage of the building work if the person—

(a)is the builder for the work; or

(b)has carried out building work for any aspect of the stage.

(4)Subsection (3) does not stop the person giving a certificate under part 7 for the work if, under that part, the person can give the certificate.23Competent person must not give false or misleading documentsA competent person must not, in giving design/specification help or inspection help, give the building certifier a certificate or other document containing information the person knows is false or misleading in a material particular.Maximum penalty—20 penalty units.Part 5ACadet building certifierspt 5A (ss 23A–23C) ins 2009 SL No. 191s 423AAppointment of cadet building certifier(1)A person may be appointed as a cadet building certifier to assist a building certifier (the supervising certifier) in the performance of building certifying functions, if—

(a)the person has been employed by a local government or private certifier for at least 3 months assisting in the performance of building certifying functions under the direct supervision of a building certifier; and

(b)the period of employment mentioned in paragraph (a) was completed not more than 6 months before the appointment; and

(c)the person is undertaking a course of study that, if successfully completed, meets the educational standard required for accreditation by an accreditation standards body.

(2)In this section—direct supervision, of a cadet building certifier by a supervising certifier, means that the supervising certifier gives or has given the cadet building certifier technical direction about assisting in the performance of a building certifying function before or during the giving of the assistance, or as soon as reasonably practicable after it has been given.pt 5A (ss 23A–23C) ins 2009 SL No. 191s 423BRole of cadet building certifier and supervising certifier(1)A cadet building certifier may assist a supervising certifier in the performance of building certifying functions only if the functions are permitted under the level of licence held by the supervising certifier.(2)If a cadet building certifier assists a supervising certifier in the performance of a function, the supervising certifier is the person responsible for the function.(3)In deciding whether to allow a cadet building certifier to assist in the performance of a function, a supervising certifier must have regard to the cadet building certifier’s level of ability, experience, qualifications and skills.pt 5A (ss 23A–23C) ins 2009 SL No. 191s 423CApplication of pt 5 to cadet building certifier(1)A building certifier may, under part 5, decide a cadet building certifier is a competent person to give design/specification help or inspection help.(2)However, a building certifier can not decide a cadet building certifier is a competent person if the building certifier is—

(a)the cadet building certifier’s supervising certifier; or

(b)the cadet building certifier’s employer; or

(c)employed by the same employer as the cadet building certifier.

(3)To remove any doubt, it is declared that the appointment of a person as a cadet building certifier does not, of itself, mean the person appointed is competent to give design/specification help or inspection help under part 5.pt 5A (ss 23A–23C) ins 2009 SL No. 191s 4Part 6Inspections of assessable building workDivision 1Inspections by or for building certifierSubdivision 1Preliminary24What is a stage of assessable building work(1)This section provides for what are the stages of assessable building work.(2)Generally, the stages are all stages at which the building development approval states the work must be inspected.(3)If the work is the construction of a single detached class 1a building, the stages also include—

(a)after excavation of foundation material and before the footings for the building are laid; and

(b)if the building is to have a slab—after the placement of formwork and steel for the slab but before the concrete for the slab is poured; and

(c)to the extent the bracing for the frame of the building consists of cladding or lining—after the cladding or lining has been fixed to the frame; and

(d)to the extent the bracing for the frame of the building does not consist of cladding or lining—before the cladding or lining is fixed to the frame; and

(e)if reinforced masonry construction is used for the frame of the building—before the wall cavities are filled; and

(f)at the completion of all aspects of the work.

(4)If the work is an alteration to a single detached class 1a building, the stages also include each stage mentioned in subsection (3) that is relevant to the alteration.(5)If the work is the construction of, or an alteration to, a class 10 building or structure, other than a swimming pool, the stages also include at the completion of the building or structure or the alteration.(6)If the work is the construction of, or an alteration to, a swimming pool, the stages also include—

(a)if a temporary fence for the pool is constructed—

(i)after the temporary fence for the pool is constructed and before the pool is filled with water to a depth of 300mm or more; and

(ii)if the building certifier for the work extends the period that the temporary fence for the pool can be in place—before the extension is given; and

(b)at the completion of the pool and its fencing and, if no temporary fence for the pool was constructed, before the pool is filled with water to a depth of 300mm or more.

s 24 amd 2009 SL No. 262s 725Local government’s power to exempt particular assessable building work from particular stages of inspection(1)A local government may, by resolution, declare localities and forms of buildings or structures in its area exempt from inspection at a stage of assessable building work if the work—

(a)is, or is an alteration to, a single detached class 1a building or a class 10 building or structure; and

(b)is not for a swimming pool or fencing around it.

(2)However, the resolution may be made only if the local government is satisfied the absence of a notice for inspection for the stage will not adversely affect public safety.26Inspection guidelines(1)This section applies if, under section 258 of the Act, the chief executive makes guidelines (inspection guidelines) about—

(a)what aspects or items make up the completion of assessable building work or a particular stage of assessable building work; and

(b)ways of inspecting building work.

(2)For section 24, the guidelines are evidence of what aspects or items make up the completion of assessable building work or particular stages of assessable building work.(3)A person inspecting and certifying aspects of assessable building work is taken to have complied with this part if the person inspects and certifies the work as required under the inspection guidelines.Subdivision 2Notice for inspection27Builder’s obligation to give notice for inspection at completion of each stage(1)This section applies to a builder for assessable building work if it has been carried out to the completion of a stage of the work, other than a stage exempted under section 25.(2)The builder must ensure the building certifier is given a notice (a notice for inspection) claiming the stage has been completed.Maximum penalty—20 penalty units.(3)The notice for inspection may be written or verbal.(4)If the building certifier is a local government building certifier, the notice for inspection may be given to the certifier by giving it in writing to the local government.28Prohibition on further building work until stage complies(1)This section applies if a builder for assessable building work has given a notice for inspection for a stage of the work (the relevant stage).(2)The builder must not start the next stage of the work until the builder has been given a certificate of inspection for the relevant stage stating that stage complies with the building development approval.Maximum penalty—20 penalty units.29Notifying QBCC if notice for inspection not givenIf—

(a)the builder for assessable building work is a licensed builder; and

(b)the builder does not give a notice for inspection for a stage of the work, as required under section 27;

the building certifier must, as soon as practicable after becoming aware of the failure to give the notice for inspection, give QBCC a notice stating that fact.s 29 amd 2013 SL No. 224s 5Subdivision 3Carrying out inspection30Arranging inspection(1)This section applies if the building certifier for assessable building work (the relevant certifier) receives a notice for inspection for a stage of the work.(2)The relevant certifier must ensure the stage is, at a time agreed by the builder for the work, inspected by one of the following persons (the inspecting person)—

(a)generally—the relevant certifier or another building certifier;

(b)if section 21 does not prevent a competent person from giving a certificate of inspection for the stage—a competent person (inspections) whom the relevant certifier has decided may carry out the inspection.

Maximum penalty—20 penalty units.(3)For subsection (2), the inspecting person must not unreasonably refuse to agree to a time to inspect the stage.31Inspection procedure(1)This section applies if, under section 30, the inspecting person inspects a stage of assessable building work.(2)The inspecting person must inspect the work to ensure the person is satisfied all relevant aspects of the stage under the building development approval have been completed and comply with the approval.(3)However, subject to subsection (4), the inspecting person may accept an aspect inspection certificate, for an aspect of the stage, instead of inspecting the work.(4)For a single detached class 1a building, the inspecting person must not accept aspect inspection certificates for all aspects of the final stage.(5)The inspection must be carried out under best industry practice.s 31 amd 2011 SL No. 265s 732Certificate of inspection(1)This section applies only if the inspecting person—

(a)has complied with section 31 for a stage of assessable building work; and

(b)is satisfied as mentioned in section 31(2) in relation to the stage.

(2)The inspecting person must give the builder for the work a certificate of inspection for the stage.Notes—

1If the stage is the final stage, 2 certificates must be given—the certificate of inspection for the final stage and, if particular requirements under the Act are complied with, a final inspection certificate to the owner of the building.

2For final inspection certificates and the giving of inspection documentation see chapter 5, part 1 and section 124 of the Act.

(3)The certificate of inspection must—

(a)be in the approved form; and

(b)be signed by the inspecting person; and

(c)state in detail—

(i)the basis for giving the certificate; and

(ii)the extent to which the inspecting person has, in carrying out the inspection, relied on tests, specifications, rules, standards, codes of practice or other publications.

s 32 amd 2010 SL No. 20s 333Noncompliance notice(1)This section applies if the inspecting person—

(a)has complied with section 31 for a stage of assessable building work; and

(b)is not satisfied as mentioned in section 31(2) in relation to the stage.

(2)The inspecting person must give the builder for the work a notice (a noncompliance notice) stating—

(a)the stage does not comply with the building development approval; and

(b)how it does not comply with the approval.

(3)If the inspecting person is a competent person (inspections), the person must also give the building certifier a copy of the noncompliance notice.s 33 amd 2010 SL No. 20s 4Subdivision 4Procedure if noncompliance notice given34Builder’s obligation to ensure stage complies with development approvalIf a builder for assessable building work is given a noncompliance notice—

(a)the builder must perform the work required to ensure the stage the subject of the notice complies with the building development approval; and

(b)after paragraph (a) has been complied with, the builder must, under section 27, give the building certifier another notice for inspection for the work.

Note—For the relevant appeal right, see the Planning Act, chapter 6, part 1 and schedule 1.s 34 amd 2009 SL No. 280 s 57; 2017 SL No. 103 s 1735Consequences of builder not complying with obligation(1)If a builder for assessable building work does not comply with section 34, the building certifier must, under chapter 9 of the Act, take enforcement action against the builder for the work.(2)However, if the noncompliance notice was given by a competent person (inspections), the building certifier need only take the enforcement action if the certifier agrees the stage the subject of the notice does not comply with the building development approval.(3)If, under subsection (2), the building certifier decides not to take the enforcement action, the certifier must give—

(a)the competent person written reasons for not taking the action; and

(b)the builder a certificate of inspection for the stage.

(4)If the building certifier gives the builder an enforcement notice and the builder does not comply with it, the certifier must notify the following of that fact—

(a)the QBCC;

(b)if the assessment manager was a private certifier (class A)—the local government.

s 35 amd 2013 SL No. 224s 6Subdivision 4AAdditional inspections for chapter 8 pools and their fencing in particular circumstancessdiv 4A (ss 35A–35C) ins 2009 SL No. 262s 835AApplication of sdiv 4A(1)This subdivision applies if—

(a)a building development approval is given on or after 1 December 2009 for building work that is the construction of, or alteration to, a chapter 8 pool or its fencing (the pool work); and

(b)the relevant entity for the pool work is not given a notice for inspection for the final stage of the pool work—

(i)for a building development approval that is only for the pool work—by the earlier of the following days (the inspection day)—

(A)the day that is 6 months after the building development approval is given;

(B)the day that is 2 weeks before the building development approval lapses; or

(ii)for a building development approval that includes work that is the construction of, or alteration to, a class 1 building or class 2 building—by the earlier of the following days (also the inspection day)—

(A)the day that is 2 years after the building development approval is given;

(B)the day that is 2 weeks before the building development approval lapses.

(2)In this section—relevant entity, for the pool work, means—

(a)generally—the building certifier for the pool work; or

(b)if the building certifier for the pool work is a local government building certifier—the local government.

sdiv 4A (ss 35A–35C) ins 2009 SL No. 262s 835BInspection procedure and process after inspection(1)The building certifier for the pool work must, unless the building certifier has a reasonable excuse, inspect, or ensure another building certifier inspects, the pool work as soon as practicable after the inspection day and before the building development approval lapses.Example of a reasonable excuse—the building certifier is refused access to the premises on which the pool work is being carried outMaximum penalty—50 penalty units.(2)The building certifier who inspects the stage is called the inspecting certifier.(3)The inspection must be carried out under best industry practice.(4)The building certifier must, for at least 3 years after the inspection is carried out, keep a record of the inspection, including details of the time the inspection was carried out and the results of the inspection.(5)If the pool work has not started, the inspecting certifier need not take any further action in relation to the inspection.Note—If the builder later carries out the pool work, the builder for the work must take action under section 27 for each stage of the pool work.(6)If the inspecting certifier is satisfied all relevant aspects of the final stage of the pool work under the building development approval have been completed and comply with the approval, the inspecting certifier must give the builder for the work a certificate of inspection for the stage.(7)If a stage of the pool work has been completed and the inspecting certifier is not satisfied the stage complies with the building development approval, the inspecting certifier must give the builder for the work a noncompliance notice for the stage.(8)If the occupier of the premises on the relevant land or the builder for the pool work refuses to allow the inspecting certifier to enter the relevant land to carry out the inspection, the building certifier must, within 2 business days after the refusal, give the local government notice of the refusal.(9)This section is subject to section 35C.(10)In this section—relevant land means the land on which the chapter 8 pool or its fencing is, or is intended to be, constructed.sdiv 4A (ss 35A–35C) ins 2009 SL No. 262s 835CDelaying inspection in particular circumstances(1)The builder for the pool work may, before the inspection day, give the building certifier for the pool work a notice asking the building certifier to inspect the pool work on a day that is later than the inspection day (the later day).(2)The later day must be before the building development approval lapses.(3)If the building certifier is a local government building certifier, a notice under subsection (1) may be given to the building certifier by giving it to the local government.(4)Subsections (5) and (6) apply despite section 35B(1).(5)If the building certifier receives a notice under subsection (1), the pool work need not be inspected before the later day.(6)The building certifier must, unless the building certifier has a reasonable excuse, inspect, or ensure another building certifier inspects, the pool work before the building development approval lapses.Maximum penalty—50 penalty units.(7)Section 35B(2) to (8) and (10) apply in relation to an inspection mentioned in subsection (6).sdiv 4A (ss 35A–35C) ins 2009 SL No. 262s 8Subdivision 5Miscellaneous provision36Declaratory provision about inspections(1)To remove any doubt, it is declared that the giving of a notice under this division about a stage of assessable building work does not, of itself, prevent any of the following from inspecting any aspect of another stage of the work—

(a)the building certifier for the work (the relevant certifier);

(b)another building certifier;

(c)a competent person (inspections) whom the relevant certifier has decided may carry out the inspection.

(2)Subsection (1) applies whether or not a notice for inspection has been given for the other stage.Division 2Referral agency inspections37Application of div 2This division applies if—

(a)an entity was, for a building development application, a referral agency for aspects of the building work (the referral agency aspects); and

(b)the building development approval applied for is granted; and

(c)a condition of the approval requires the builder for the work to give the agency a notice to inspect it to check the referral agency aspects comply with the approval.

Note—For the condition allowing QFRS to inspect and test special fire service installation, see section 74 of the Act.38Notice to referral agency to inspect(1)This section does not apply if the condition is imposed under section 74 of the Act.(2)The builder must—

(a)give the referral agency a notice to inspect the building work when, under the building development approval, the referral agency aspects are at a stage at which they must be inspected by the agency; and

(b)give a copy of the notice to the building certifier when it is given to the referral agency.

39Referral agency inspection(1)This section applies if the referral agency receives—

(a)a notice to inspect under section 38; or

(b)a notice to inspect the installation of, or test, a special fire service under section 74 of the Act.

(2)The agency may inspect the building work or inspect or test the service to check the referral agency aspects comply with the building development approval.(3)The agency must—

(a)within 5 business days after receiving a notice under subsection (1), give the builder and the building certifier a notice stating it does not propose to inspect the building work or inspect or test the service; or

(b)within 15 business days after receiving a notice under subsection (1), inspect the work or inspect or test the service, and give the builder and the building certifier a notice stating—

(i)the referral agency aspects comply with the building development approval; or

(ii)the referral agency aspects do not comply with the approval, and the reasons why they do not.

(4)If the building certifier is a local government building certifier, a notice under subsection (3) may be given to the certifier by giving it in writing to the local government.s 39 amd 2009 SL No. 191s 540Acting on referral agency’s inspection notice(1)The building certifier must, in performing functions under the Act for the building work, accept and act on a notice given under section 39(3)(b).(2)However, subsection (1) does not apply if, within 5 business days after the building certifier receives the notice, the certifier—

(a)decides to disagree with the decision the subject of the notice; and

(b)gives the referral agency an information notice about the decision.

Note—For the relevant appeal right, see the Planning Act, chapter 6, part 1 and schedule 1.s 40 amd 2009 SL No. 280 s 58; 2017 SL No. 103 s 1841Consequence of no referral agency noticeIf the referral agency does not comply with section 39(3) within the following period, the referral agency aspects are taken to comply with the building development approval—

(a)15 business days after the agency receives the notice to inspect;

(b)any longer period agreed to between the agency and the building certifier within the 15 business days.

Part 7General provisions about certificatesDivision 1QBCC licensee certificatesdiv hdg amd 2013 SL No. 224s 742Application of div 1(1)This division applies if—

(a)building work is for a single detached class 1a building or a class 10 building or structure; and

(b)work (the aspect work) is carried out for an aspect of the building work; andExample of aspect work—waterproofing

(c)either—

(i)the aspect work is carried out by a person (the QBCC licensee) who, when it was carried out, held a licence of an appropriate class under the QBCC Regulation for the aspect work; orExample of a licence of an appropriate class—for waterproofing—a waterproofing licence

(ii)under the QBCC Regulation, a person (also the QBCC licensee) other than the person mentioned in subparagraph (i) may give a QBCC licensee certificate for the aspect work.

(2)However this division does not apply if, when the aspect work was carried out—

(a)there was more than 1 class of licence under the QBCC Regulation under which the aspect work may be carried out; and

(b)under the QBCC Regulation, schedule 2, only a licence (a certification licence) of 1 or some of the classes allows the QBCC licensee to give a QBCC licensee certificate for the aspect work; and

(c)the QBCC licensee does not hold a certification licence for the work.

(3)In this section—QBCC Regulation means the Queensland Building and Construction Commission Regulation 2003.waterproofing means work mentioned in the QBCC Regulation, schedule 2, part 56, section 2.waterproofing licence a licence under the QBCC Regulation, schedule 2, part 56.s 42 amd 2013 SL No. 224s 843QBCC licensee certificate if building development approvalIf the building work is subject to a building development approval, the QBCC licensee may give the building certifier a certificate in the approved form that the aspect work complies with the approval.Note—For when a building certifier or competent person may accept and rely on the certificate, see sections 49 and 50.s 43 amd 2013 SL No. 224s 944QBCC licensee certificate for accepted building work(1)This section applies if the building work—

(a)is building work prescribed under schedule 1; and

(b)is not subject to a building development approval.

(2)The QBCC licensee may give the builder for the building work or the owner of the building a certificate in the approved form that the aspect work complies with the relevant provisions under section 21(5) of the Act for the work.(3)A certificate under subsection (2) is evidence that the building work is accepted building work.s 44 amd 2013 SL No. 224 s 10; 2016 SL No. 40 s 4; 2017 SL No. 103 s 1945QBCC licensee must not give false or misleading certificateThe QBCC licensee must not give a QBCC licensee certificate that the licensee knows is false or misleading in a material particular.Maximum penalty—20 penalty units.s 45 amd 2013 SL No. 224s 11Division 2Competent person certificates other than certificates of inspection46Certificate about building design or specification(1)A competent person (design/specification) may give the building certifier a certificate that a building design or specification will, if installed or carried out under the certificate, comply with the building assessment provisions.(2)The certificate must comply with section 48.47Aspect inspection certificate(1)Subject to section 47A, a competent person (inspections) for assessable building work may give the building certifier a certificate for a stated aspect of the work if—

(a)the competent person inspects the aspect of the work; and

(b)the competent person is satisfied that the aspect of the work has been completed and complies with the building development approval.

(2)The inspection must be carried out under best industry practice.(3)The certificate must comply with section 48.s 47 amd 2011 SL No. 265s 847ACompetent persons (inspections)—restriction for giving certificatesA competent person (inspections) must not give a building certifier an aspect inspection certificate for an aspect of assessable building work for a single detached class 1a building unless—

(a)if the certificate is for the boundary clearances aspect of the building—the competent person is a cadastral surveyor; or

(b)if the certificate is for the reinforcement of footing system aspect of the building—the competent person is a registered professional engineer.

s 47A ins 2011 SL No. 265s 948Content requirements for certificatesA certificate by a competent person must—

(a)be in the approved form; and

(b)be signed by the competent person; and

(c)state in detail—

(i)the basis for giving the certificate; and

(ii)the extent to which the person has relied on tests, specifications, rules, standards, codes of practice or other publications.

Division 3Accepting certificates49Optional acceptability by building certifier(1)A building certifier may, in performing functions under the Act for a building development application or assessable building work, accept and, without further checking, rely on a certificate from a competent person if—

(a)the certifier has, under part 5, decided the person is a competent person of a type relevant to the functions; and

(b)if the person was decided to be a competent person only for a particular aspect of the decided type—the certificate relates to the aspect; and

(c)if the person was decided to be a competent person only for particular assessable building work—the certificate relates to the building work; and

(d)the person was, under part 5 and this part, permitted to give the certificate; and

(e)for a certificate that is an aspect inspection certificate, the person complied with section 47A; and

(f)the certificate complies with section 48.

(2)A building certifier may, in performing functions under the Act for assessable building work, accept and, without further checking, rely on a QBCC licensee certificate given under section 43 if the certificate relates to the work.s 49 amd 2011 SL No. 265s 10; 2013 SL No. 224s 1250Optional acceptability by competent person (inspections)(1)This section applies to a competent person (inspections) who is giving a building certifier inspection help for assessable building work.(2)The competent person may accept and, without further checking, rely on a certificate from another competent person if—

(a)the building certifier has, under part 5, decided the other competent person is a competent person of a type relevant to the inspection help; and

(b)if the other competent person was decided to be a competent person only for a particular aspect of the decided type—the certificate relates to the aspect; and

(c)if the other competent person was decided to be a competent person only for particular assessable building work—the certificate relates to the building work; and

(d)the person was, under part 5 and this part, permitted to give the certificate; and

(e)for a certificate that is an aspect inspection certificate, the person complied with section 47A; and

(f)the certificate complies with section 48.

(3)The competent person may accept and, without further checking, rely on a QBCC licensee certificate given under section 43 if the certificate relates to the work.s 50 amd 2011 SL No. 265s 11; 2013 SL No. 224s 13Division 4Certificates under CodeMark Scheme51Certificate of conformity(1)If there is a current recognised certificate about a building element, the element is, to the extent stated in the certificate, taken to comply with the BCA.(2)In this section—building element means the properties and performance of a material, system, method of building or other thing relating to building work.recognised certificate means a certificate of conformity issued by the Australian Building Codes Board or under the scheme know as the CodeMark Scheme administered by the Australian Building Codes Board.Part 8Miscellaneous provisionsDivision 1Approvals and miscellaneous mattersdiv hdg amd 2013 SL No. 217s 351AApproval of amendment of QDC by adding part MP 1.4(1)The amendment of the QDC by adding part MP 1.4 published by the chief executive on 15 October 2013 is approved under section 13(3) of the Act.(2)The approval takes effect on 1 November 2013.s 51A prev s 51A ins 2006 SL No. 315s 7sub 2007 SL No. 326s 5om 2008 SL No. 113s 4pres s 51A ins 2013 No. 217s 451ABApproval of amendment of QDC by replacing part MP 1.4(1)The amendment of the QDC by replacing part MP 1.4 published by the chief executive on 13 November 2014 is approved under section 13(3) of the Act.(2)The approval takes effect on 15 December 2014.s 51AB ins 2013 SL No. 284s 3amd 2014 SL No. 293s 451ACApproval of amendment of QDC by omitting part MP 2.4(1)The amendment of the QDC by omitting part MP 2.4 is approved under section 13(3) of the Act.(2)The amendment was published by the chief executive on 31 March 2016.s 51AC ins 2015 SL No. 19s 3sub 2016 SL No. 40 s 551BApproval of amendment of QDC parts 2.1 and 2.2s 51B orig s 51B ins 2007 SL No. 87s 5om 2007 SL No. 326s 5prev s 51B ins 2008 SL No. 91s 3om 2010 SL No. 221s 351BAApproval of amendment of QDC by replacing parts MP4.2 and MP4.3s 51BA orig ins 2007 SL No. 280s 3om 2007 SL No. 326s 5prev s 51BA ins 2008 SL No. 113s 5om 2009 SL No. 45s 451BBApproval of amendment of QDC by adding part MP5.9s 51BB ins 2008 SL No. 113s 5om 2009 SL No. 45s 451BCApproval of amendment of QDC by replacing parts MP4.2 and MP4.3s 51BC ins 2008 SL No. 375s 3om 2010 SL No. 221s 351BDApproval of amendment of QDC by adding part MP6.1s 51BD ins 2008 SL No. 413s 14om 2010 SL No. 221s 351BEApproval of amendment of QDC by replacing part MP 4.1(1)The amendment of the QDC by replacing part MP 4.1 published by the chief executive on 15 January 2013 is approved under section 13(3) of the Act.(2)The approval takes effect on 1 February 2013.s 51BE ins 2009 SL No. 17s 4sub 2009 SL No. 45s 5; 2009 SL No. 136s 3amd 2009 SL No. 298s 4; 2010 SL No. 20s 5sub 2010 SL No. 68s 4amd 2010 SL No. 221s 4; 2010 SL No. 324s 3sub 2011 SL No. 134s 3; 2012 SL No. 119s 4; 2012 SL No. 167s 4amd 2013 SL No. 11s 351BEA Approval of amendment of QDC by replacing part MP 4.2(1)The amendment of the QDC by replacing part MP 4.2 published by the chief executive on 15 January 2013 is approved under section 13(3) of the Act.(2)The approval takes effect on 1 February 2013.s 51BEA ins 2012 SL No. 167s 4amd 2013 SL No. 11s 451BEB Approval of amendment of QDC by replacing part MP 4.3(1)The amendment of the QDC by replacing part MP 4.3 published by the chief executive on 15 January 2013 is approved under section 13(3) of the Act.(2)The approval takes effect on 1 February 2013.s 51BEB ins 2012 SL No. 167s 4amd 2013 SL No. 11s 551BFApproval of amendment of QDC by replacing part MP 4.4(1)The amendment of the QDC by replacing part MP 4.4 published by the chief executive on 29 May 2015 is approved under section 13(3) of the Act.(2)The approval takes effect on 17 August 2015.s 51BF prev s 51BF ins 2009 SL No. 191s 6om 2010 SL No. 68s 5pres s 51BF ins 2010 SL No. 221s 5amd 2012 SL No. 119s 5sub 2015 SL No. 84s 451BGApproval of amendment of QDC by adding part MP3.4s 51BG ins 2009 SL No. 262s 9om 2010 SL No. 221s 351BHApproval of amendment of QDC by replacing part MP4.3s 51BH ins 2009 SL No. 298s 5om 2010 SL No. 221s 351BIApproval of amendment of QDC by replacing parts MP1.1 and MP1.2s 51BI ins 2010 SL No. 48s 4om 2010 SL No. 221s 351BJApproval of amendment of QDC by adding part MP1.3s 51BJ ins 2010 SL No. 48s 4om 2010 SL No. 221s 351BKApproval of amendment of QDC by replacing part MP 3.3(1)The amendment of the QDC by replacing part MP 3.3 published by the chief executive on 6 May 2014 is approved under section 13(3) of the Act.(2)The approval takes effect on 27 June 2014.s 51BK ins 2010 SL No. 69s 4amd 2010 SL No. 148s 4; 2012 SL No. 119s 6sub 2014 SL No. 120s 551BLApproval of amendment of QDC by replacing part MP 3.4(1)The amendment of the QDC by replacing part MP 3.4 published by the chief executive on 18 July 2012 is approved under section 13(3) of the Act.(2)The approval takes effect on 27 July 2012.s 51BL ins 2010 SL No. 289s 7sub 2010 SL No. 309s 9; 2012 SL No. 112s 451BLAA Approval of amendment of QDC by adding part MP 3.5(1)The amendment of the QDC by adding part MP 3.5 published by the chief executive on 22 October 2012 is approved under section 13(3) of the Act.(2)The approval takes effect on 26 October 2012.s 51BLAA ins 2012 SL No. 186s 651BLAB Approval of amendment of QDC by replacing part MP 3.5(1)The amendment of the QDC by replacing part MP 3.5 published by the chief executive on 12 December 2013 is approved under section 13(3) of the Act.(2)The approval takes effect on 20 December 2013.s 51BLAB ins 2013 SL No. 304s 751BLAC Approval of amendment of QDC by adding part MP 3.6(1)The amendment of the QDC by adding part MP 3.6 published by the chief executive on 23 January 2014 is approved under section 13(3) of the Act.(2)The approval takes effect on 7 February 2014.s 51BLAC ins 2014 SL No. 14s 351BLAD Approval of amendment of QDC by omitting part MP 5.1(1)The amendment of the QDC by omitting part MP 5.1 is approved under section 13(3) of the Act.(2)The amendment was published by the chief executive on 31 March 2016.s 51BLAD ins 2016 SL No. 40 s 651BLA Approval of amendment of QDC by omitting part MP5.4(1)The amendment of the QDC by omitting part MP 5.4 is approved under section 13(3) of the Act.(2)The amendment was published by the chief executive on 15 November 2013.s 51BLA ins 2011 SL No. 265s 12sub 2012 SL No. 119s 7; 2013 SL No. 257s 451BLAAA Approval of amendment of QDC by omitting part MP 5.8(1)The amendment of the QDC by omitting part MP 5.8 is approved under section 13(3) of the Act.(2)The amendment was published by the chief executive on 15 November 2013.s 51BLAAA ins 2016 SL No. 40 s 751BLB Approval of amendment of QDC by replacing part MP 6.1(1)The amendment of the QDC by replacing part MP 6.1 published by the chief executive on 6 May 2014 is approved under section 13(3) of the Act.(2)The approval takes effect on 1 July 2014.s 51BLB ins 2011 SL No. 265s 12sub 2012 SL No. 119s 7sub 2014 SL No. 120s 651BLC Approval of amendment of QDC by adding part 3.7(1)The amendment of the QDC by adding part 3.7 published by the chief executive on 25 May 2015 is approved under section 13(3) of the Act.(2)The approval takes effect on 1 June 2015.s 51BLC ins 2015 SL No. 30s 451BMPrescribed day for giving notice about existing regulated pool—Act, s 246ARFor section 246AR(2) of the Act, the prescribed day is 4 November 2011.s 51BM ins 2011 SL No. 134s 451CPrescribed day for expiry of existing rainwater tank provisions—Act, s 283(1)The following days are prescribed for section 283(3)(a) of the Act—

(a)for a rainwater tank provision made by any of the prescribed local governments—1 January 2007;

(b)for a rainwater tank provision made by another local government—1 July 2007.

(2)In this section—prescribed local governments means—

(a)the councils of the cities of Brisbane, Caloundra, Gold Coast, Ipswich, Logan, Maryborough, Redcliffe and Toowoomba; and

(b)the councils of the shires of Beaudesert, Boonah, Caboolture, Cooloola, Crow’s Nest, Esk, Gatton, Jondaryan, Kilcoy, Laidley, Maroochy, Nanango, Noosa, Pine Rivers, Redland and Rosalie.

rainwater tank provision means a rainwater tank provision under section 283 of the Act.s 51C (prev s 51B) ins 2006 SL No. 315s 7renum and reloc 2007 SL No. 87s 452Prescribed matters for private certification endorsement—Act, s 163(1)For section 163(1) of the Act, the insurance prescribed for private certification is professional indemnity insurance that provides for all of the following—

(a)a minimum limit of indemnity of $1m for any 1 claim and a total during any 1 period of insurance that may arise from the performance of private certifying functions;

(b)as well as the limit of indemnity mentioned in paragraph (a)—indemnity for costs and expenses incurred with the consent of the insurer of defending or settling a claim;

(c)indemnity for breaches of professional duty as a private certifier arising from an act, error or omission of the private certifier after the day the certifier first became a private certifier;

(d)at least 1 automatic reinstatement of indemnity;

(e)indemnity for negligent performance of a building certifying function (other than for claims for fraudulent or illegal acts or omissions);

(f)if the private certifying functions are performed as an employee—indemnity to former principals, partners and directors of the employer who were, but no longer are, private certifiers.

(2)For subsection (1), a private certifier who is a member of a corporation, or an employee of an individual, corporation or public sector entity, has the required insurance if the corporation, individual or entity has the professional indemnity insurance mentioned in subsection (1).(3)For subsection (1)(b), the indemnity may, for any 1 claim, be limited to 20% of the limit of indemnity the insurance provides under subsection (1)(a) for the claim.(4)For section 163(2) of the Act, the prescribed course is the course called ‘Issuing development permits for building work’, conducted by Mackee and Associates Pty Ltd, trading as AssentTECS.s 52 amd 2010 SL No. 289 s 8; 2016 SL No. 40 s 852APrescribed accreditation standards body—Act, s 184(1)(b)For section 184(1)(b) of the Act, the Royal Institution of Chartered Surveyors is prescribed as an accreditation standards body.s 52A ins 2010 SL No. 324s 453Information to be supplied by the State—Act, s 255(1)The information prescribed for section 255 of the Act is—

(a)a 1:100 scale drawing of the building or structure showing floor plans and elevations; and

(b)a site plan of a scale enabling the local government to provide water supply, sewerage and stormwater drainage for the land on which the building work is to be carried out.

(2)However, if the Minister responsible for the building work to which this section applies considers the giving of the information mentioned in subsection (1)(a) is not in the public interest, subsection (1)(a) does not apply.53ANotice requirement for particular development approvals for building work near sewers(1)This section applies if—

(a)a private certifier approves a building development application for building work for a class 1 building or a class 10 building or structure; and

(b)the application is for building work on a lot that contains, or is adjacent to a lot that contains, a sewer of a sewerage service provider; and

(c)the sewerage service provider is not a local government or a referral agency for the application; and

(d)the QDC, part 1.4 applies to the building work because of the distance between the building work and the sewer.

(2)The private certifier must, within 5 business days after approving the building development application, give the sewerage service provider notice in the approved form about the building work.Editor’s note—The approved form can be accessed, free of charge, on the department’s website.(3)For this section, a reference to a sewer includes a maintenance cover for the sewer.(4)In this section—maintenance cover means a cover, whether above, at, or below ground level, for a chamber through which a person, machine or device may gain access to a sewer for the purpose of inspecting, maintaining or replacing the sewer.sewer means a sewer under the Plumbing and Drainage Act 2002.sewerage service provider see the Water Supply (Safety and Reliability) Act 2008, schedule 3.s 53A ins 2013 SL No. 217 s 4amd 2014 SL No. 293 s 5; 2015 SL No. 30 s 5; 2017 SL No. 103 s 2053BNotice requirement for particular development approvals for farm buildings(1)This section applies to the decision-maker for a building development application if—

(a)the application is for building work for a farm building; and

(b)the decision-maker approves the application in whole or in part; and

(c)the building work that is approved complies with the QDC, part 3.7, acceptable solution A3(2) or (3).

(2)The decision-maker must, within 5 business days after approving the building development application, give QFES a notice in the approved form about the approved building work.Editor’s note—The approved form can be accessed, free of charge, on the department’s website.(3)In this section—decision-maker means—

(a)if the building development application is a development application—the assessment manager for the application; or

(b)if the building development application is a change application—the responsible entity for the application.

farm animal means an animal whose meat or produce is intended for human consumption.Examples of produce—eggs, milk, woolfarm building means—

(a)a class 7 building situated on land used primarily for farming, if the building is used primarily for—

(i)farming; or

(ii)housing 3 or more farm vehicles; or

(b)a class 8 building situated on land used primarily for farming, if the building is also used primarily for farming.

farming means the use of land for 1 or more of the following—

(a)cultivating or propagating plants or fungi or constituent parts of plants or fungi;Examples of a constituent part of a plant—a seed, a bulbExample of a constituent part of a fungus—a fungal spore

(b)harvesting or packing a thing mentioned in paragraph (a), other than cutting timber or preparing timber for sale;

(c)keeping farm animals for 1 or more of the following purposes—

(i)gathering or packing produce of the animals in a way that does not result in the death of the animals;Examples—gathering eggs laid by chickens, gathering wool shorn from sheep, milking cows or goats

(ii)selling the animals or their produce;

(iii)breeding the animals.

farm vehicle means a vehicle used in relation to farming.Examples—tractor, harvester, quad bike, utility trucks 53B ins 2015 SL No. 30 s 6amd 2017 SL No. 103 s 21Division 2Fees54Fees(1)The fees payable under the Act are in schedule 3.(2)The fee (the fast-track fee) accompanying a request, under section 39 of the Act, to fast-track a decision for a variation application is in addition to the fee payable for the application.(3)If the chief executive refuses a request to fast-track the decision, the chief executive must refund the fast-track fee to the applicant.(4)The chief executive may refund the fee for a variation application if—

(a)if the application is accompanied by a request to fast-track a decision for the application—the decision is not made within 2 business days after the application is made; or

(b)otherwise—a decision for the application is not made within 20 business days after the application is made.

(5)In deciding whether to refund the fee, the chief executive must have regard to each of the following—

(a)if the chief executive requested further information about the application, whether the applicant provided the information in a timely way;

(b)any matter about the complexity of the building work that is the subject of the application, including—

(i)the scale of the building work; and

(ii)whether the department made a request for specialist advice to decide the application.

s 54 amd 2011 SL No. 265s 13Division 2ADisplaying code checklistdiv hdg ins 2010 SL No. 69s 554ADefinitions for div 2AIn this division—code checklist means the code checklist under section 54B.temporary accommodation building means a temporary building or structure containing an area used, or intended to be used, for sleeping.s 54A ins 2010 SL No. 69s 554BForm and content of code checklist(1)The code checklist must be in the approved form.(2)The approved form may only make provision for indicating whether the acceptable solutions for temporary accommodation buildings, under the QDC part MP 3.3, have been complied with in relation to temporary accommodation buildings to which section 54C applies.s 54B ins 2010 SL No. 69s 5amd 2012 SL No. 119s 854CDisplay of code checklist for particular temporary accommodation buildings(1)This section applies to a temporary accommodation building that—

(a)is located at a site for more than 42 consecutive days; and

(b)is occupied, or available for occupation, by a person—

(i)under an agreement relating to the person’s employment; or

(ii)in return for the payment of rent.

(2)The prescribed person for the temporary accommodation building must ensure a copy of the code checklist is—

(a)completed for the temporary accommodation building; and

(b)clearly displayed on or near the temporary accommodation building.

Maximum penalty—20 penalty units.(3)In this section—prescribed person, for a temporary accommodation building, means the person who allows occupation of the building—

(a)under an agreement relating to a person’s employment; or

(b)in return for the payment of rent.

s 54C ins 2010 SL No. 69s 5Division 3Transitional provisions55Definition for div 3In this division—repealed regulation means the repealed Standard Building Regulation 1993.56Undecided building development applications(1)This section applies if, immediately before 1 September 2006—

(a)a building development application had not been decided; and

(b)the application is a properly made application.

(2)The application must be decided as if the repealed regulation had not been repealed and this regulation were not in force.Note—Section 278 of the Act makes a corresponding provision for amendments made under the related Building and Other Legislation Amendment Act 2006.57Development applications made for relevant building work before designation of rainwater tank area(1)This section applies if—

(a)before a designation, under former section 7 or the repealed regulation, by a local government of a designated rainwater tank area a building development application was made for relevant building work in the area; and

(b)immediately before the designation, the application had not been decided.

(2)The application must be decided as if the designation had not been made.(3)In this section—former section 7 means section 7 as in force immediately before 1 January 2007.relevant building work means relevant building work under this regulation immediately before 1 January 2007.s 57 amd 2006 SL No. 315s 858Declarations under repealed regulation, s 53On 1 September 2006—

(a)a declaration under the repealed regulation, section 53(1)(a) becomes a designation under section 13(1)(a) of this regulation; and

(b)a declaration under the repealed regulation, section 53(1)(b) becomes a designation under section 13(1)(b) of this regulation.

Part 9Repeals59RepealsThe following are repealed—

•Standard Building Regulation 1993

•Building Regulation 2003 SL No. 175.

Part 10Transitional provisionspt hdg ins 2012 SL No. 151s 6sub 2014 SL No. 120s 7Division 1Transitional provisions for Building Amendment Regulation (No. 3) 2012div hdg ins 2014 SL No. 120s 760No continuing professional development prescribed for applications made before 1 December 2012Part 4, division 2A does not apply to an application to renew or restore a pool safety inspector’s licence if the application is made on or after 1 September 2012 and before 1 December 2012.s 60 ins 2012 SL No. 151s 661Completion of 2 CPD points prescribed for applications made on or after 1 December 2012 and before 1 January 2013Part 4, division 2A applies to an application to renew or restore a pool safety inspector’s licence made on or after 1 December 2012 and before 1 January 2013 as if—

(a)a reference in section 16DD(1)(a) to 4 CPD points was a reference to 2 CPD points; and

(b)a reference in section 16DD(1)(b) to 6 CPD points was a reference to 2 CPD points.

s 61 ins 2012 SL No. 151s 662Completion of 4 CPD points prescribed for particular applications made on or after 1 January 2013 and before 1 February 2013(1)This section applies if—

(a)a person makes an application to renew or restore a pool safety inspector’s licence on or after 1 January 2013 and before 1 February 2013; and

(b)the person making the application is not a building certifier.

(2)Part 4, division 2A applies to the person’s application as if a reference in section 16DD(1)(b) to 6 CPD points was a reference to 4 CPD points.s 62 ins 2012 SL No. 151s 6Division 2Transitional provision for Building Amendment Regulation (No. 2) 2014div 2 (s 63) ins 2014 SL No. 120s 863Regulated pools constructed before 1 December 2009(1)This section applies if a regulated pool was constructed before 1 December 2009.(2)If immediately before the commencement a resuscitation sign for the pool complied with former section 13A(2)(e), that section continues to apply to the sign until it becomes illegible.(3)If—

(a)the sign becomes illegible as mentioned in subsection (2); or

(b)immediately before the commencement there was no resuscitation sign for the pool complying with former section 13A(2)(e);

section 13A(2)(e) applies to the pool.(4)In this section—commencement means the commencement of this section.former section 13A(2)(e) means section 13A(2)(e) as in force immediately before the commencement.resuscitation sign see section 13A(4).div 2 (s 63) ins 2014 SL No. 120s 8Division 3Transitional provisions for Building and Other Legislation Amendment Regulation (No. 1) 2014div 3 (ss 64–66) ins 2014 SL No. 255s 1064Definitions for div 3In this division—former council means the PSC under the Building Act 1975 as in force immediately before the commencement of the Professional Engineers and Other Legislation Amendment Act 2014.unamended regulation means the Building Regulation 2006 as in force immediately before the commencement.div 3 (ss 64–66) ins 2014 SL No. 255s 1065Demerit points not allocated by PSC before commencement(1)This section applies if, before the commencement, the former council—

(a)was satisfied that a pool safety inspector had committed a demerit contravention; but

(b)had not allocated demerit points to the pool safety inspector for the demerit contravention under the unamended regulation.

(2)The QBCC commissioner may be satisfied that the pool safety inspector had committed a demerit contravention merely because the former council was satisfied the pool safety inspector had committed a demerit contravention.div 3 (ss 64–66) ins 2014 SL No. 255s 1066Demerit points allocated, but not notified, by PSC before commencement(1)This section applies if, before the commencement, the former council—

(a)had allocated demerit points to a pool safety inspector for a demerit contravention under the unamended regulation; but

(b)had not given the pool safety inspector a notice for the allocation of the demerit points under the unamended regulation.

(2)The allocation of the demerit points continues in effect as if it had been done by the QBCC commissioner.div 3 (ss 64–66) ins 2014 SL No. 255s 10Division 4Transitional provision for Building (Swimming Pool Safety—CPR Signs) Amendment Regulation 2016div hdg ins 2016 SL No. 192 s 667Resuscitation signs for particular regulated pools(1)This section applies for a regulated pool if, immediately before the commencement, a resuscitation sign that complied with former section 13A(2)(e) was displayed for the pool.(2)Former section 13A(2)(e) continues to apply until the sign becomes illegible. (3)In this section—former section 13A(2)(e) means section 13A(2)(e) as in force immediately before the commencement.resuscitation sign see section 13A(4).s 67 ins 2016 SL No. 192 s 6Schedule 1Building work that is accepted development if relevant provisions complied withsection 4sch hdg amd 2007 SL No. 87 s 6sub 2017 SL No. 103 s 221Work for particular fences(1)Building work for a fence is prescribed if the fence—

(a)is no higher than 2m above the fence’s natural ground surface; and

(b)is not for a regulated pool.

(2)Despite subsection (1), the building work is prescribed if the work consists of—

(a)minor repairs mentioned in schedule 2B if the minor repairs are carried out by—

(i)a pool safety inspector under section 246BE of the Act; or

(ii)a person other than a pool safety inspector and a pool safety inspector issues a pool safety certificate for the minor repairs; or

(b)repairs or maintenance of, or other work for, a barrier for a regulated pool mentioned in schedule 2C.

s 1 amd 2009 SL No. 262 s 10(1)–(2); 2010 SL No. 289 s 9(1)–(2); 2010 SL No. 309 s 10; 2012 SL No. 112 s 52Work for particular non-load bearing devices(1)This section applies to building work for any of the following devices if they are non-load bearing—

(a)an aerial;

(b)an antenna;

(c)a satellite dish with a maximum diameter of 900mm;

(d)a flagpole, mast or tower, outside areas covered by airport Obstacle Limitation Surfaces Standards (O.L.S.) of the Civil Aviation Safety Authority.

(2)The building work is prescribed if the device is no more than—

(a)if the device is attached to a building or structure—3.5m above the building or structure; or

(b)if the device is detached from any building or structure—10m above the device’s natural ground surface.

3Work for particular retaining walls(1)Building work for a retaining wall is prescribed if—

(a)there is no surcharge loading over the zone of influence for the wall; and

(b)the total height of the wall and of the fill or cut retained by the wall is no more than 1m above the wall’s natural ground surface; and

(c)the wall is no closer than 1.5m to a building or another retaining wall.

(2)Despite subsection (1), the building work is not prescribed if it is for a retaining wall that forms part of the fencing for a regulated pool.(3)In this section—surcharge loading means a load applied to a soil stratum that has, or may have, the effect of consolidating the stratum, other than a load arising only from—

(a)persons or vehicles on, or moving over, the stratum; or

(b)the effects of rain on the stratum.

Example of a surcharge loading—a concrete driveway laid over the stratumzone of influence, for the retaining wall, means the volume of soil stratum behind the wall that affects the wall’s structural integrity.s 3 amd 2009 SL No. 262 s 10(3)–(4); 2010 SL No. 289 s 9(3)4Particular filling or excavationFilling or excavation is prescribed if—

(a)the proposed cut or fill is no deeper than 1m above or below the natural ground surface for the relevant building or structure; and

(b)any cut embankment is only into soil of a following type and no steeper than gradient stated for the soil type—

(i)for sand—2 horizontal to 1 vertical;

(ii)for silt—4 horizontal to 1 vertical;

(iii)for firm clay—1 horizontal to 1 vertical;

(iv)for soft clay—3 horizontal to 2 vertical; and

(c)any fill embankment is no steeper than 4.0 horizontal to 1.0 vertical; and

(d)any compacted fill embankment is only into soil of a following type and no steeper than gradient stated for the soil type—

(i)for sand—3 horizontal to 2 vertical;

(ii)for silt—4 horizontal to 1 vertical;

(iii)for firm clay—2 horizontal to 1 vertical.

5Work for particular heating devicesBuilding work is prescribed if it consists of the installation, repair, maintenance or alteration of a heating device for a building, other than a heating device that is an integral part of, or abuts, the building.Example—a free-standing pot belly stove or other combustion heater, the chimney of which passes through the building’s ceiling and roof space6Work for particular signsBuilding work is prescribed if it consists of the erection of a sign that is—

(a)detached from a building; and

(b)no higher than 2m; and

(c)no wider than 1.2m.

7Particular repairs, maintenance or alterations not affecting structural component or fire safety system(1)This section applies to building work that consists of repairs, maintenance or alterations to an existing building or structure, other than—

(a)alterations to existing fencing for a regulated pool; or

(b)repairs, maintenance or alterations to an existing solar hot water system or photovoltaic solar panel attached to the roof of a building.

(2)The building work is prescribed if it does not—

(a)change the building or structure’s floor area or height; or

(b)affect a structural component or the fire safety system of the building or structure.

s 7 amd 2009 SL No. 262 s 10(5); 2010 SL No. 289 s 9(4); 2013 SL No. 217 s 5(1)8Particular repairs, maintenance or alterations only affecting minor structural component(1)This section applies to building work if—

(a)the building work consists of repairs, maintenance or alterations to an existing building other than—

(i)alterations to existing fencing for a regulated pool; or

(ii)repairs, maintenance or alterations to an existing solar hot water system or photovoltaic solar panel attached to the roof of a building; and

(b)the building work—

(i)does not change the building or structure’s floor area or height; and

(ii)is for, or only affects, a minor structural component of the building.

(2)The building work is prescribed if—

(a)the work does not affect more than 20% of the building’s structural components of the same type; or

(b)if the work is carried out on a sole-occupancy unit in the building—the work and other building work of the same type carried out on the unit in the previous 3 years does not affect more than the lesser of the following—

(i)20% of the unit’s gross floor area;

(ii)40m² of the unit’s floor area; or

(c)if the building consists of stories and the work is not carried out on a sole-occupancy unit—the work and other building work of the same type carried out on the same storey in the previous 3 years does not affect more than the lesser of the following—

(i)20% of the storey’s gross floor area;

(ii)40m² of the storey’s floor area.

(3)For subsection (1)(b), a structural component is minor only if—

(a)the component is—

(i)a roof beam or lintel supporting no more than 5m² of roof area; or

(ii)a sun hood or sun blind projecting no more than 1m from the building; or

(b)if the work is repairing or maintaining the component—were it not present in the building, the building’s general safety and structural integrity would not be at risk; orExamples—

•replacing a verandah post

•replacing a metal connector or bracing member

(c)if the work is adding the component to the building—the addition does not pose a risk to the building’s general safety and structural integrity.

(4)In this section—building includes structure.gross floor area, of a sole-occupancy unit or storey, means the total area of—

(a)all parts of the unit or storey within its external walls; and

(b)any other roofed part of the unit or storey.Example for paragraph (b)—a roofed balcony

s 8 amd 2009 SL No. 262 s 10(6); 2010 SL No. 289 s 9(5); 2013 SL No. 217 s 5(2)9Particular repairs, maintenance or alterations only affecting minor component of fire safety system(1)This section applies to building work that consists of repairs, maintenance or alterations to an existing building if they—

(a)do not change the building’s floor area or height; and

(b)only affect a minor component of the building’s fire safety system.

(2)The building work is prescribed if the work—

(a)only affects a minor component of the system; and

(b)does not affect more than 20% of the system’s components of the same type.

(3)For subsection (2)(a), a component is minor only if, were it not present in the fire safety system, the safety of occupants of the building would not be compromised.Examples of a minor component of a fire safety system—

•a sprinkler head

•a smoke alarm

(4)In this section—building includes structure.10Work for particular budget accommodation buildings built, approved or applied for before 1 January 1992(1)Building work is prescribed if it consists of the installation of any of the following for a budget accommodation building to which chapter 7, part 3 of the Act applies—

(a)smoke alarms;

(b)a smoke detection system unless—

(i)the system is a 1670 system; and

(ii)the fire safety standard requires the installation of a 1670 system in the building;

(c)internally illuminated exit signs;

(d)fire extinguishers.

(2)Subsection (1) applies despite section 9 of this schedule.(3)In this section—1670 system means a fire safety system to which AS 1670.1-1995 applies.11Work for particular temporary things on building sitesBuilding work is prescribed if it is for a temporary site office, gantry or scaffolding on a building site.12Erecting particular tentsBuilding work is prescribed if it consists of erecting a tent if the tent’s floor area is no more than 500m².13Other work for class 10 buildings or structures(1)This section applies to building work for a class 10 building or structure (the class 10), unless the building work is—

(a)within Wind Region C (tropical cyclone area) mentioned in AS 1170.2 SAA Wind Loading Code; or

(b)for a rainwater tank for a new building; or

(c)for a deck that is roofed or higher than 1m above the deck’s natural ground surface; or

(d)for a chapter 8 pool or its fence; or

(e)for a solar hot water system or photovoltaic solar panel.

Editor’s note—BCA (2009 edition), part A3.2 (Classifications)—Class 10: A non-habitable building or structure—

(a)Class 10a—a non-habitable building being a private garage, carport, shed or the like; or

(b)Class 10b—a structure being a fence, mast, antenna, retaining or free-standing wall, swimming pool or the like.

(2)The building work is prescribed if—

(a)the plan area of the class 10 is no more than 10m²; and

(b)the class 10 has, above its natural ground surface—

(i)a height of no more than 2.4m; and

(ii)if the class 10 is not a rainwater tank—a mean height of no more than 2.1m, worked out by dividing its total elevational area facing the boundary by its horizontal length facing the boundary; and

(c)any side of the class 10 is no longer than 5m.

(3)Despite subsection (2), the building work is not prescribed if—

(a)another section of this schedule applies to the work; and

(b)the work does not comply with the requirements under the other section for it to be prescribed.

(4)In this section—plan area, of the class 10, means the area contained within its extremities after the building work has been completed, including, overhangs and, if the class 10 is existing, its existing area.rainwater tank means—

(a)a covered tank used to collect rainwater from a building; and

(b)any stand or other structure that supports the tank.

s 13 amd 2006 SL No. 315 s 9; 2009 SL No. 262 s 10(7); 2013 SL No. 217 s 5(3)14Work for particular air conditionersBuilding work is prescribed if it consists of the installation, repair, maintenance or alteration of an air conditioner for cooling or heating a building of any class, other than an air conditioner that is an integral part of the building.Example of air conditioner that is an integral part of a building—air conditioner that is part of the fire safety system or mechanical ventilation system for the buildings 14 ins 2009 SL No. 17 s 5amd 2010 SL No. 221 s 615Work for solar hot water systems or photovoltaic solar panelsBuilding work is prescribed if it consists of—

(a)the installation of a solar hot water system or photovoltaic solar panel on the roof of a building; or

(b)repairs, maintenance or alterations to an existing solar hot water system or photovoltaic solar panel attached to the roof of a building.

s 15 ins 2013 SL No. 217 s 5(4)Schedule 1A—The QDC from 1 January 2008sch 1A ins 2007 SL No. 326 s 6om 2008 SL No. 113 s 6Schedule 2Other building work that is accepted developmentsection 4(1)sch hdg amd 2009 SL No. 280 s 59sub 2017 SL No. 103 s 231Work for particular class 10b structures or special structuresBuilding work for a class 10b structure or special structure is prescribed if—

(a)the structure is not—

(i)a fence; or

(ii)a retaining wall; or

(iii)a free standing wall; or

(iv)a swimming pool; and

(b)the structure is no higher than 3m above its natural ground surface.

Examples—playground and sporting equipment, garden furniture, temporary market stalls, minor plant and equipment covers that are no more than 3m above their natural ground surface2Attaching particular sun hoodsAttaching a sun hood to an existing building is prescribed if the sun hood’s area is less than 2m².3Erecting particular tentsErecting a tent is prescribed if the tent’s floor area is no more than 100m².4Other work for class 10 buildings or structures(1)Building work for a class 10 building or structure (the class 10) is prescribed if—

(a)the work is not building work to which another section of this schedule applies; and

(b)the class 10 is on land used for agricultural, floricultural, horticultural or pastoral purposes; and

(c)no part of the class 10 is within 200m of a road or a boundary of the land on which the class 10 is situated; and

(d)the class 10 is not a chapter 8 pool or its fence.

(2)Despite subsection (1), the building work is not prescribed if—

(a)another section of this schedule applies to the work; and

(b)the work does not comply with the requirements under the other section for it to be prescribed.

s 4 amd 2009 SL No. 262 s 11Schedule 2APrescribed local governmentssection 15

Aurukun Shire Council

Balonne Shire Council

Banana Shire Council

Barcaldine Regional Council

Barcoo Shire Council

Blackall Tambo Regional Council

Boulia Shire Council

Bulloo Shire Council

Burke Shire Council

Carpentaria Shire Council

Cassowary Coast Regional Council

Central Highlands Regional Council

Charters Towers Regional Council

Cloncurry Shire Council

Cook Shire Council

Croydon Shire Council

Diamantina Shire Council

Doomadgee Aboriginal Shire Council

Etheridge Shire Council

Flinders Shire Council

Hinchinbrook Shire Council

Hope Vale Aboriginal Shire Council

Isaac Regional Council

Kowanyama Aboriginal Shire Council

Lockhart River Aboriginal Shire Council

Longreach Regional Council

Mapoon Aboriginal Shire Council

Maranoa Regional Council

McKinlay Shire Council

Mornington Shire Council

Mount Isa City Council

Murweh Shire Council

Napranum Aboriginal Shire Council

Northern Peninsula Area Regional Council

Palm Island Aboriginal Shire Council

Paroo Shire Council

Pormpuraaw Aboriginal Shire Council

Quilpie Shire Council

Richmond Shire Council

Tablelands Regional Council

Torres Shire Council

Torres Strait Island Regional Council

Whitsunday Regional Council

Winton Shire Council

Woorabinda Aboriginal Shire Council

Wujal Wujal Aboriginal Shire Council

sch 2A ins 2010 SL No. 309 s 12Schedule 2BMinor repairssection 16D and schedule 1, section 1(2)(a)1Minor repairs of barriers for a regulated pool(1)Repairing, replacing or adjusting part of the existing barriers for a regulated pool is prescribed if—

(a)the repairing, replacing or adjusting of the part is carried out to comply with the pool safety standard; and

(b)the part repaired, replaced or adjusted is no longer than a total of 5m and includes no more than 6 posts.

(2)Subsection (1)(b) does not apply to the following minor repairs to the barriers for a regulated pool—

(a)reducing a gap under the barriers other than by lowering the panels or palings of the barriers;Example of reducing a gap under the barriers for the pool—laying paving to reduce the gap under the barriers

(b)increasing the height of the barriers for a regulated pool other than by raising the panels or palings of the barriers;Example of increasing the height of the barriers for the pool—installing capping along the top of the barriers

(c)installing shielding material.

(3)Also, erecting a new part of the barriers for a regulated pool is prescribed if—

(a)the erecting of the part is carried out to comply with the pool safety standard; and

(b)the part erected is no longer than a total of 5m and includes no more than 6 posts.

(4)The work prescribed in subsections (1) and (3) includes the following—

(a)repairing, replacing or adjusting loose or damaged palings for the barriers for the pool;

(b)raising the panels of the barriers for the pool to increase the height of the barriers;

(c)lowering panels of the barriers for the pool to reduce a gap under the barriers;

(d)replacing brackets or other fixings for panels of the barriers for the pool;

(e)erecting a new part of the fencing to join 2 existing parts of the barriers for the regulated pool.Examples for paragraph (e)—

•erecting a new part of the barriers for a regulated pool to create a corral outside a self-closing door that opens into a pool area

•installing a new part of the barriers for a regulated pool between an existing dividing fence for the land and a wall of a building that forms part of the barriers for the pool

2Minor repairs of gates(1)Repairing, replacing, adjusting or installing a gate in the barriers for a regulated pool is prescribed if the repairing, replacing, adjusting or installing of the gate is carried out to comply with the pool safety standard.(2)The work prescribed in subsection (1) includes the following—

(a)replacing, adjusting or installing strikers or latches;

(b)tightening, adjusting or installing hinges to ensure they are capable of holding the gate;

(c)tightening, adjusting or installing a self-closing mechanism on a gate to ensure the gate self-closes;

(d)replacing, repairing, adjusting or installing hinges to ensure a gate self-closes;

(e)making alterations to a gate to change the direction of the gate’s swing;

(f)installing a new gate in a new part of the barriers for the pool.

3Minor repairs of protected windows and doors(1)Protecting a window or door is prescribed if the protecting of the window or door is carried out to comply with the pool safety standard.(2)The work prescribed in subsection (1) includes the following—

(a)permanently disabling a window or door opening;

(b)stopping a window or door from opening more than 100mm;

(c)installing a security screen for a window or door;

(d)inserting rivets, screws or chocks in windows;

(e)removing tracks and running gear from a window or door.

4Non-climbable zone works(1)Minor works to protect the barriers for a regulated pool, including the fencing or a gate for the pool, or an object adjacent to the barriers, is prescribed if the minor work is carried out to ensure a person is not able to climb the barriers for the pool.(2)The work prescribed in subsection (1) includes the following—

(a)installing shielding material that is suitably durable to protect footholds in the barriers for the pool;

(b)adding return barriers to a barrier that is a permanent body of water;

(c)removing a climbable object adjoining the barriers for the pool;

(d)installing shielding material that is suitably durable on a part of the barriers for the pool that adjoins a retaining wall;

(e)closing gaps between a part of the barriers for the pool and another part of the barriers for the pool or a dividing fence for the land;

(f)installing material to make the barriers for the pool non-climbable;

(g)installing shielding material that is suitably durable in front of a latch on a gate;

(h)removing or shielding footholes or other climbable objects that affect the barriers for the pool;

(i)trimming or removing trees, branches or vegetation on or adjoining the barriers for the pool.

sch 2B (prev sch 2A) ins 2010 SL No. 289 s 10renum 2010 SL No. 309 s 11amd 2012 SL No. 112 s 6Schedule 2CRepairs, maintenance and other work for regulated poolsschedule 1, section 1(2)(b)sch hdg amd 2012 SL No. 112 s 7(1) 1Repairs and maintenance of barriers for a regulated pool(1)Repairing or adjusting part of the existing barriers for a regulated pool is prescribed if—

(a)the repairing or adjusting of the part is carried out to comply with the pool safety standard; and

(b)the part repaired or adjusted is no longer than a total of 2.4m and includes no more than 2 posts.

(2)Subsection (1)(b) does not apply to the following repairs or maintenance to a barrier for a regulated pool—

(a)reducing a gap under the barriers for the pool other than by lowering the panels or palings of the barriers;Example of reducing a gap under the barriers for the pool—laying paving to reduce the gap under the barriers

(b)increasing the height of the barriers for a regulated pool other than by raising the panels or palings of the barriers;Example of increasing the height of the barriers for the pool—installing capping along the top of the barriers

(c)installing shielding material;

(d)work mentioned in section 5 of this schedule.

(3)The work prescribed in subsection (1) includes the following—

(a)repairing, replacing or adjusting loose or damaged palings for the barriers for the pool;

(b)raising the panels of the barriers for the pool to increase the height of the barriers;

(c)lowering panels of the barriers for the pool to reduce a gap under the barriers;

(d)replacing brackets or other fixings for panels of the barriers for the pool.

s 1 amd 2012 SL No. 112 s 7(2)–(3)2Repairs of gates(1)Repairing, replacing or adjusting a gate in the barriers for a regulated pool is prescribed if the repairing, replacing or adjusting of the gate is carried out to comply with the pool safety standard.(2)The work prescribed in subsection (1) includes the following—

(a)replacing, adjusting or installing strikers or latches;

(b)tightening, adjusting or installing hinges to ensure they are capable of holding the gate;

(c)tightening, adjusting or installing a self-closing mechanism on a gate to ensure the gate self-closes;

(d)replacing, repairing, adjusting or installing hinges to ensure a gate self-closes;

(e)making alterations to a gate to change the direction of the gate’s swing.

3Repairs of protected windows and doors(1)Protecting a window or door for a regulated pool is prescribed if the protecting of the window or door is carried out to comply with the pool safety standard.(2)The work prescribed in subsection (1) includes the following—

(a)permanently disabling a window or door opening;

(b)stopping a window or door from opening more than 100mm;

(c)installing a security screen for a window or door;

(d)inserting rivets, screws or chocks in windows;

(e)removing tracks and running gear from a window or door.

4Non-climbable zone works(1)Work to protect the barriers for a regulated pool, including the fencing or a gate for the pool, or an object adjacent to the barriers, is prescribed if the work is carried out to ensure a person is not able to climb the barriers for the pool.(2)The work prescribed in subsection (1) includes the following—

(a)installing shielding material that is suitably durable to protect footholds in the barriers for the pool;

(b)removing a climbable object adjoining the barriers for the pool;

(c)installing shielding material that is suitably durable on a part of the barriers for the pool that adjoins a retaining wall;

(d)closing gaps between a part of the barriers for the pool and another part of the barriers for the pool or a dividing fence for the land;

(e)installing material to make the barriers for the pool non-climbable;

(f)installing shielding material that is suitably durable in front of a latch on a gate;

(g)removing or shielding footholes or other climbable objects that affect the barriers for the pool;

(h)trimming or removing trees, branches or vegetation on or adjoining the barriers for the pool.

5Work for barriers for regulated pools in particular circumstances(1)The following work is prescribed in relation to a regulated pool if the matters in subsection (2) are satisfied—

(a)constructing a fence that forms the whole or part of a barrier for the regulated pool;

(b)repairing, replacing or adjusting an existing fence that forms the whole or part of a barrier for the regulated pool.

(2)For subsection (1), the matters are—

(a)either—

(i)the only part of the building assessment provisions that applies to the work is the pool safety standard; or

(ii)both of the following apply—

(A)the pool safety standard and any other part of the building assessment provisions apply to the work;

(B)the work would be accepted building work if only that other part of the building assessment provisions applied to the work; and

(b)either of the following applies—

(i)the fence is no higher than 2m above its natural ground surface;

(ii)if the fence is situated on an existing retaining wall, on part of an existing class 1a or class 10 building or on another existing structure—the fence is no higher than 2m above the wall, building or structure and no part of the fence that is higher than 2m above its natural ground surface is within 1.5m of a boundary; andNote—See QDC, MP 1.1, MP 1.2 and MP 1.3 for siting requirements for buildings and structures.

(c)either—

(i)the work is carried out during the reinspection period stated in a nonconformity notice given for the regulated pool; or

(ii)the regulated pool is a specified pool in relation to which no nonconformity notice has been given and, before the work commences, the owner of the regulated pool has arranged for an inspection of the pool by a pool safety inspector on a day that is not more than 3 months after the day the owner arranged the inspection.

Note—If work prescribed under this section is carried out in relation to a regulated pool, the owner of the pool must ensure the pool is inspected in the way required under section 16DA.s 5 ins 2012 SL No. 112 s 7(4)amd 2016 SL No. 5 s 4; 2017 SL No. 103 s 24sch 2C (prev sch 2B) ins 2010 SL No. 289 s 10renum 2010 SL No. 309 s 11Schedule 2DBodies and CPD points for membership for continuing professional developmentsection 16DE(5)Column 1BodyColumn 2CPD pointsAustralian Institute of Building Surveyors ACN 004 540 8362Institute of Building Consultants as a division of the Queensland Master Builders Association Industrial Organisation of Employers ABN 96 641 989 3862RICS Australasia Pty Ltd ACN 089 873 0672Swimming Pool & Spa Association of Queensland Inc ABN 13 935 751 7892sch 2D ins 2012 SL No. 151 s 7amd 2013 SL No. 176 s 3Schedule 3Feessection 54(1)$1Fee for a variation application (Act, s 38(3))—(a)if a site inspection of a building by the chief executive is not required and the building has a floor area of—(i)500m² or less551.90(ii)more than 500m²797.80(b)if a site inspection of a building by the chief executive is required and the building has a floor area of—(i)500m² or less797.80(ii)more than 500m²1,182.552Fee to fast-track a decision for a variation application (Act, s 39(2))50% of the fee payable for the application3Licensing as a building certifier (Act, s 156(c))—(a)application fee149.90(b)licence fee797.804Fee for an approval of a pool safety management plan for a swimming pool (Act, s 245M(2)(b)(ii))—(a)if a pool safety management plan has not previously been approved for the pool—(i)standard fee2,038.10(ii)additional fee if the pool safety management plan relates to more than 1 swimming pool114.30 for each additional pool(iii)additional fee if a site inspection by the QBCC commissioner is required for the pool1,145.65(b)if a pool safety management plan has previously been approved for the pool—(i)standard fee if pool safety measures under the pool safety management plan are the same, or substantially the same, as the pool safety measures under the previously approved plan408.15(ii)standard fee if subparagraph (i) does not apply2,038.10(iii)additional fee if a site inspection by the QBCC commissioner is required for the pool1,145.655Fee for an identification number for a pool safety certificate (Act, s 246AJ(3))38.106Fee to inspect the regulated pools register (Act, s 246AT(1)(a))nil7Fee for a paper copy of information held in the regulated pools register (Act, s 246AT(1)(b))—(a)for the first page6.20(b)for each additional page2.608Licensing as a pool safety inspector (Act, s 246BI(1)(c))—(a)application fee382.35(b)licence fee190.609Renewal of a pool safety inspector’s licence (Act, s 246BN(3))—(a)renewal fee190.60(b)licence fee96.0010Restoration of a pool safety inspector’s licence (Act, s 246BR(2)(c))—(a)restoration fee382.35(b)licence fee190.6011Fee for replacement of a pool safety inspector’s licence (Act, s 246CE(2)(b))63.90sch 3 sub 2007 SL No. 150 s 3; 2008 SL No. 227 s 4; 2009 SL No. 92 s 4; 2010 SL No. 148 s 5amd 2010 SL No. 289 s 11; 2010 SL No. 309 s 13; 2011 SL No. 48 s 3sub 2011 SL No. 88 s 4; 2012 SL No. 97 s 5amd 2012 SL No. 103 s 26sub 2013 SL No. 128 s 6; 2014 SL No. 121 s 6amd 2014 SL No. 255 s 21sch 1; 2015 SL No. 64 s 6; 2016 SL No. 98 s 8sub 2017 SL No. 118 s 8Schedule 4Dictionarysection 3accumulate, for part 4, division 3, see section 16F(4).def accumulate ins 2010 SL No. 309 s 14activities, for part 4, division 2A, see section 16DC.def activities ins 2012 SL No. 151 s 8aspect, of building work, means a component of a stage of the work.aspect inspection certificate means a certificate given under section 47.def aspect inspection certificate ins 2011 SL No. 265 s 14aspect work see section 42(1)(b).assessable building work means building work that is not assessable development.def assessable building work amd 2009 SL No. 280 s 60; 2017 SL No. 103 s 25boundary clearances aspect means the boundary clearances aspect as described in the inspection guideline called ‘Guidelines for inspection of class 1a and 10 buildings and structures’, published by the department in May 2010.def boundary clearances aspect ins 2011 SL No. 265 s 14builder, for building work, means the person in charge of carrying out the work.Examples of a builder for building work—

1a person who contracts with an owner to perform building work for the owner

2a person who holds an owner-builder permit under the Queensland Building and Construction Commission Act 1991 for building work and who, under that Act, engages subcontractors to perform all or part of the work

def builder amd 2013 SL No. 224 s 14(3)building certifier for—

(a)a provision about a competent person, means the building certifier who decided the person is a competent person; or

(b)a provision about assessable building work, means the building certifier who performed, or is performing, building certifying functions for the building development approval for the work.

building design or specification means any material, system, method of building or other thing related to the design of or specifications for building work.cadastral surveyor means a person registered as a cadastral surveyor under the Surveyors Act 2003.def cadastral surveyor ins 2011 SL No. 265 s 14certificate of inspection means a certificate under section 32 that states a stage of assessable building work complies with the building development approval.chapter 8 pool means a swimming pool to which chapter 8 of the Act applies.def chapter 8 pool ins 2009 SL No. 262 s 12competent person see section 17(3).def competent person amd 2006 SL No. 315 s 10(2)competent person (design/specification) see section 17(4).competent person (inspections) see section 17(5).continuous 3-year period, for part 4, division 3, see section 16E.def continuous 3-year period ins 2010 SL No. 309 s 14CPD activities, for part 4, division 2A, see section 16DC.def CPD activities ins 2012 SL No. 151 s 8CPD points see section 16DD(1).def CPD points ins 2012 SL No. 151 s 8defined flood level ...def defined flood level ins 2012 SL No. 186 s 7om 2013 SL No. 304 s 8demerit contravention, for part 4, division 3, see section 16E.def demerit contravention ins 2010 SL No. 309 s 14demerit points, for part 4, division 3, see section 16E.def demerit points ins 2010 SL No. 309 s 14designated rainwater tank ...def designated rainwater tank om 2006 SL No. 315 s 10(1)design/specification help, for a competent person, see section 17(1)(a).final stage, of building work, means the last stage of the building work provided for under section 24.finished floor level ...def finished floor level ins 2012 SL No. 186 s 7om 2013 SL No. 304 s 8floor area, of a building or structure, sole-occupancy unit or storey, means its floor area as defined under the BCA.freeboard ...def freeboard ins 2012 SL No. 186 s 7om 2013 SL No. 304 s 8inactive flow or backwater area ...def inactive flow or backwater area ins 2012 SL No. 186 s 7om 2013 SL No. 304 s 8inspecting person see section 30(2).inspection day, for part 6, division 1, subdivision 4A, see section 35A(1)(b).def inspection day ins 2009 SL No. 262 s 12inspection guidelines see section 26(1).inspection help, for a competent person, see section 17(1)(b).maximum flow velocity of water ...def maximum flow velocity of water ins 2012 SL No. 186 s 7om 2013 SL No. 304 s 8natural ground surface, for a building, device or structure, means the ground surface located at site of the building or structure on the day the first plan of survey showing the relevant allotment was first registered.natural hazard management area (flood) ...def natural hazard management area (flood) ins 2012 SL No. 186 s 7om 2013 SL No. 304 s 8noncompliance notice see section 33(2).notice for inspection see section 27(2).planning scheme maps means maps used in a planning scheme.pool work, for part 6, division 1, subdivision 4A, see section 35A(1)(a).def pool work ins 2009 SL No. 262 s 12QBCC licensee see section 42(1)(c).def QBCC licensee ins 2013 SL No. 224 s 14(2)QBCC licensee certificate means a certificate under section 43 or 44.def QBCC licensee certificate ins 2013 SL No. 224 s 14(2)QBSA licensee ...def QBSA licensee om 2013 SL No. 224 s 14(1)QBSA licensee certificate ...def QBSA licensee certificate om 2013 SL No. 224 s 14(1)qualitative statement means a statement about a performance or outcome sought to be achieved when buildings or structures for relevant work are completed.def qualitative statement reloc from s 10 2006 SL No. 315 s 6quantifiable standard means a standard that achieves a performance or outcome sought under a qualitative statement.def quantifiable standard reloc from s 10 2006 SL No. 315 s 6rainwater tank ...def rainwater tank om 2006 SL No. 315 s 10(1)referral agency aspects see section 37(a).registered professional engineer means a person registered as a registered professional engineer under the Professional Engineers Act 2002.def registered professional engineer ins 2011 SL No. 265 s 14reinforcement of footing system aspect means the reinforcement of slab and footing system aspect for the reinforcement of footings as described in the inspection guideline called ‘Guidelines for inspection of class 1a and 10 buildings and structures’, published by the department in May 2010.def reinforcement of footing system aspect ins 2011 SL No. 265 s 14relevant building work ...def relevant building work om 2006 SL No. 315 s 10(1)relevant expert ...def relevant expert ins 2012 SL No. 186 s 7om 2013 SL No. 304 s 8relevant provision, for part 4, division 3, see section 16E.def relevant provision ins 2010 SL No. 309 s 14road—

1a road is—

(a)an area of land dedicated to public use as a road; or

(b)an area open to, or used by, the public and developed for, or has, as 1 of its main uses, the driving or riding of motor vehicles.

2However a road does not include a pedestrian or bicycle path.

solar hot water system includes any part of a water heating system designed to heat water using light or heat from the sun.def solar hot water system ins 2013 SL No. 217 s 6sole-occupancy unit means a sole-occupancy unit as defined under the BCA.specified pool means—

(a)a complying pool; or

(b)a pool that is the subject of a current pool safety certificate; or

(c)a pool that is the subject of a building certificate mentioned in the Act, section 246AN.

def specified pool ins 2012 SL No. 112 s 8stage, of assessable building work, means a stage of the work provided for under section 24.storey means a storey as defined under the BCA.structural component, of a building, means an element or a part of a building that carries or transfers a load in addition to its own weight.supervising certifier see section 23A.def supervising certifier ins 2009 SL No. 191 s 7temporary fence means a temporary fence that complies with QDC part MP 3.4.def temporary fence ins 2009 SL No. 262 s 12amd 2012 SL No. 119 s 9tent means a temporary structure clad in canvas, plastic or similar material, with or without walls, supported by poles or similar supports and fastened to the ground using ropes, pegs or ballast.Examples—circus tent, box frame marquee