1Short titleThis regulation may be cited as the Building Fire Safety (Combustible Cladding Rectification Work) Amendment Regulation 2019.2Regulation amendedThis regulation amends the Building Fire Safety Regulation 2008.3Amendment of s 57 (Payment of fees and costs for assessment services)Section 57—insert—(6)This section does not apply to an applicant for stated building work to whom division 3A applies.4Amendment of s 58 (Application of div 2)(1)Section 58, heading, ‘div 2’—omit, insert—division(2)Section 58, after ‘division 3’—insert—or 3A5Replacement of s 61 (Application of div 3)Section 61—omit, insert—61Application of divisionThis division applies to an applicant for stated building work if—

(a)the applicant asks the service to assess a fire engineering brief for the stated building work; and

(b)division 3A does not apply to the applicant.

6Insertion of new div 3APart 6—insert—Division 3AAssessment and inspection of required special fire services—combustible cladding rectification work64AFee for assessing or inspecting required special fire services(1)This section applies to an applicant for stated building work that is combustible cladding rectification work only.(2)The applicant for the stated building work must pay the service a fee for assessing or inspecting a required special fire service for the stated building work.(3)The amount of the fee is—

(a)for each full hour the service spends assessing or inspecting the required special fire service—$242; and

(b)for each additional 15-minute period, or part of a 15-minute period, the service spends assessing or inspecting the required special fire service—$60.

(4)The applicant must pay the fee within 14 days after the service gives the applicant a notice stating the amount payable.(5)If the applicant does not pay the fee within the 14-day period, the service may recover the amount of the fee from the applicant as a debt.(6)In this section—assessing, a required special fire service for stated building work, includes—

(a)researching the required special fire service to evaluate the service; and

(b)consulting with the applicant for the stated building work, the building certifier for the stated building work or a fire engineer about a fire engineering brief relating to the required special fire service; and

(c)attending a fire engineering brief meeting in relation to the required special fire service; and

(d)assessing plans for the required special fire service.

fire engineer see the Building Regulation 2006, section 16O.7Amendment of pt 9, hdg (Transitional provisions)Part 9, heading, after ‘provisions’—insert—for SL No. 160 of 20088Insertion of new pt 10After section 90—insert—Part 10Transitional provision for Building Fire Safety (Combustible Cladding Rectification Work) Amendment Regulation 201991Particular applications for stated building work that is combustible cladding rectification work only(1)This section applies in relation to an applicant for stated building work that is combustible cladding work only if the application was made before the commencement.(2)Subsection (3) applies if—

(a)during the relevant period, the applicant paid to the service a fee or cost under part 6, division 2 or 3 in relation to required special fire services for the stated building work; and

(b)the amount paid is more than the amount that would be payable by the applicant to the service if the application were made after the commencement.

(3)The service must refund the difference between the amounts to the applicant.(4)Subsections (5) and (6) apply if, during the relevant period—

(a)the service started to carry out an activity in relation to required special fire services for the stated building work and the applicant had not, immediately before the commencement, paid the service a fee or cost under part 6, division 2 or 3 in relation to the activity; or

(b)an obligation otherwise arose for the applicant to pay the service a fee or cost under part 6, division 2 or 3 in relation to required special fire services for the stated building work, but the applicant had not, immediately before the commencement, paid the fee or cost.

(5)The applicant is not required to pay the service a fee or cost under part 6, division 2 or 3 in relation to required special fire services for the stated building work.(6)Part 6, as amended by the amending regulation, applies in relation to the applicant and any activity carried out by the service in relation to the application whether the activity was carried out before or after the commencement.(7)In this section—amending regulation means the Building Fire Safety (Combustible Cladding Rectification Work) Amendment Regulation 2019.relevant period means the period starting on 1 July 2018 and ending immediately before the commencement.9Amendment of sch 3 (Dictionary)Schedule 3—insert—affected private building see the Building Regulation 2006, section 16O. combustible cladding see the Building Regulation 2006, section 16O.combustible cladding rectification work means building work for an affected private building the sole purpose of which is to—

(a)alter combustible cladding forming part of, or attached or applied to, an external wall or another external part of the building other than the roof; or

(b)otherwise reduce the risk of fire in connection with combustible cladding mentioned in paragraph (a).