Changes to Queensland s building laws Building Codes Queensland

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1 Department of Infrastructure Changes to Queensland s building laws Building Codes Queensland

2 Session am to 11.00am Queensland Government s two staged swimming pool safety improvement strategy, including the adoption of the new Queensland Development Code (QDC), Mandatory Part (MP) 3.4 Swimming Pool Barriers other miscellaneous building matters transport noise corridors. Session am to 12.30pm new mandatory sustainability declarations during the marketing of homes and units for sale Ban the banners policy to prevent covenants and body corporate rules from prohibiting or restricting the use of specified sustainable features

3 December The Queensland Government announced a review of Queensland s swimming pool safety laws. April An independent Swimming Pool Safety Review Committee provided a report with 23 improvement ideas for Queensland s swimming pool safety laws and underwent a 6 week public consultation until 5 June September The Queensland Government approved a two stage swimming pool safety improvement strategy, taking effect for: - new pools 1 December 2009 (stage 1) - mostly existing pools 1 December 2010 (stage 2)

4 Swimming pool safety improvement strategy Stage one for new pools took effect on 1 December It includes: simplification of Queensland s swimming pool fencing laws (application of the new QDC MP 3.4, Swimming Pool Barriers) provisions to allow compliant temporary pool fencing ensuring new swimming pools undergo final inspections mandatory display of CPR signage that meets current best practice more than tripling the spending on the Government s summer pool safety campaign

5 Simplify Queensland s swimming pool fencing laws The QDC, MP 3.4 is prescribed in the Building Regulation 2006 as the pool fencing standard for new outdoor swimming pools constructed after 1 December The QDC references Australian Standard (AS) & Swimming pool safety with modifications. QDC MP3.4 is performance based. If an alternative solution is used, it will need to be documented and must meet the performance requirement and not compromise safety aspects of the barrier to the pool for young children.

6 Major changes to the pool fencing laws Stage one Non-climbable zone (NCZ) & additional clear area Climbable objects and vegetation Fencing materials and barrier intersections Buildings within/adjacent to the pool area Permanent bodies of water and retaining walls Above ground swimming pools (including spas) Balconies Technical definitions Mandatory follow-up inspections Temporary fencing CPR signage

7 Non-climbable zone (NCZ) and additional clear area (1200 mm min. high barrier) QDC figures 1 and 2: for a 1200 mm minimum high barrier the NCZ must be on the outside NCZ is now a minimum 900 mm arc but the zone extends above the barrier additional clear area required to ensure minimum height of the fence is maintained 300 mm clear area also required on inside of the barrier if gaps in barrier are more than 10mm apart.

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9 Non-climbable zone (NCZ) & additional clear area (1800mm min high barrier) QDC figures 12 and 14: for a 1800 mm min high barrier the NCZ can be on either side of the barrier NCZ is now a minimum 900 mm arc but the zone extends above the barrier when the NCZ is located on the outside additional clear area required to ensure minimum height of the fence is maintained when the NCZ is located on the outside when NCZ is on the inside any intersection fence can only have 50 mm top rail (same as current requirement).

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11 Climbable objects and vegetation QDC figures 7 and 9: a non-climbable object (e.g. plant/shrub/hedge/bare trunk tree) can be within the NCZ climbable objects are permitted within the upper 900 mm quadrant of the NCZ provided it is not reasonably possible for a young child to gain access to those climbable objects and bridge across to the fence climbable rails may be within the additional clear area but not within the NCZ.

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13 Fencing materials and barrier intersections QDC figures 16 and 17: the NCZ continues in a spherical shape at the intersection of the pool barrier with the structure to the wall of the structure. If the barrier intersects with a perforated or mesh barrier or any barrier with climbable objects, the NCZ will need to take the form of a shield to restrict climbing by a young child. if the barrier uprights are more than 10 mm apart, a 300 mm clear area needs to be maintained on the inside of the barrier. If this intersects with a perforated or mesh barrier a shield needs to be placed to restrict climbing by a young child

14 Fencing materials and barrier intersections QDC figures 16 and 17 cont. barriers using perforated material or mesh with apertures greater than 13 mm but less than 100 mm can comply if they are 2400 mm minimum height with a strainer or rail at the top and bottom of the barrier. A NCZ or additional clear area is not required for this barrier As an alternative, barriers using perforated material or mesh with apertures greater than 13 mm but less than 100 mm can comply if they are 1800 mm minimum height with a strainer or rail at the top and bottom of the barrier and a 450 mm cranked section at angle between 90 and 135 degrees at the top of the fence. A NCZ or additional clear area is not required for this barrier.

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16 Buildings within/adjacent to the pool area QDC figures 24 and 27: access from a Class 1 or 2 building within a pool area must be via a barrier complying with MP 3.4 (access through a gate) if the building within the pool area is a patio, pergola, verandah, deck balcony or the like (of any class) having at least one side permanently open, it is not required to have a barrier access cannot be provided to the pool area through a building (of any class). A door must not be used, even if it is child resistant a barrier may permit access to the pool area from a patio, pergola, verandah, deck, balcony or the like (of any class) having at least one side permanently open.

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18 Permanent bodies of water and retaining walls QDC figure 19: a permanent body of water may only be used as a barrier if it is a canal, lake, river, creek, stream, pond, ocean, dam or the like with a minimum depth of 300 mm for a width of 1800 mm adjacent to the pool area where the swimming pool barrier meets the water there are three options available to restrict a young child from climbing around the barrier. In options A, B and C the overhang or return fencing (900 mm minimum in length) must have a surface that does not provide any handhold or foothold

19 Permanent bodies of water/retaining walls QDC figure 19 cont. access to the pool area either over a permanent body of water via a bridge, walkway, or pontoon or the like or under the water in a tunnel, pipe or service duct or the like is not allowed where a pool barrier intersects a retaining wall on the lower side of the pool area, three same options as the intersection with a permanent body of water apply to restrict a young child from climbing around the barrier.

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21 Above ground swimming pools All outdoor swimming pools on residential land (including spas) and the required fencing now need a building development approval for above ground pools, a designated access point must be provided, regardless of whether or not a permanent access ladder is installed the access point must be enclosed by a barrier, including a gate, that complies with MP 3.4 a lockable cover is not a suitable barrier.

22 Balconies QDC figures 22 and 23: in most circumstances if the balcony floor is 1800 mm or more above the finished ground level of the pool area the balustrade need only comply with the Building Code of Australia requirements if the balcony floor is 1800 mm or more above the finished ground level of the pool area but projects into the NCZ the balustrade must comply with the requirements of MP 3.4 if the there are objects (trellis or the like) below the floor of the balcony which would facilitate climbing the balustrade must comply with the requirements of MP 3.4.

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24 Technical definitions Swimming pool The definition of swimming pool in the QDC MP 3.4 is the same as in the Building Act 1975 Non climbable zone The non-climbable zone must be located, for a barrier, including a boundary fence: Less than 1800 mm in height on the outside of the fence (i.e. the side facing away from the pool area); and 1800 mm or more in height on either the outside or the inside of the barrier Gates Gates must not open towards the pool area. A sliding gate can be used.

25 Technical definitions Permanent body of water A permanent body of water must have a depth of not less than 300mm and have a width a minimum of 1800mm adjacent to the edge of the pool area Building The term class 1 or 2 building applies instead of building in the Australian Standards AS & and figures in MP 3.4 Permanently open Means in reference to the side of a patio, pergola, veranda, deck, balcony or the like, open space that is, apart from a swimming pool barrier, continuously open to the external environment and not fitted with blinds, insect screening, shade cloth or the like

26 Temporary fencing for pools under construction The new MP 3.4 allows for swimming pools to have a compliant temporary fence, with a gate, for a maximum period of three months Under the new section 24(6) of the Building Regulation 2006, the inspection of the temporary fencing is now included as a stage of the building assessment work: a temporary pool fence must be inspected by a building certifier before the pool is filled with water to a depth of 300 mm to extend the 3 month period which the temporary fence can be in place, the building certifier for the work must assess the temporary fence before the extension is given.

27 Mandatory final follow-up inspections for new pools New Part 6, div 1, sdiv 4A, Building Regulation 2006: additional obligation placed on the building certifier to conduct a mandatory inspection within 6 months for a new pool or 2 years for a pool constructed with a new house or unit building after the issue of the building approval process to delay the inspection if the builder gives notice to the building certifier building certifier must inspect the swimming pool prior to the lapsing date of the building approval.

28 Revised Forms 16 and17 Form 16 for all inspections for swimming pools and pool fences (temporary and permanent pool fences) now extends to sections 32 and 35B of the Building Regulation Form 17 for a completed pool and permanent fence includes a note directing to Form 16 for temporary fences. Revised forms will be available at from 1 December 2009.

29 Cardio Pulmonary Resuscitation (CPR) signage Section 15, Building Regulation 2006 was amended to require new pool owners to display a prescribed CPR signage that reflect the current CPR method adopted by the Australian Resuscitation Council. Tokens for free CPR signs advertised in 8 and 15 November 2009 in Sunday Mail.

30 Miscellaneous changes to the Building Regulation 2006 as of 1 December 2009 Schedule 1: Section 1 - building work is prescribed if the work consists of repairs and maintenance to a Chapter 8 pool and fence Section 13 - all swimming pools (including spas) and their fences are now assessable and require building approval, except repairs and maintenance to an existing fence. Schedule 2: Section 4 - clarifies that a Chapter 8 swimming pool or its fence is not prescribed as exempt development.

31 2009/2010 summer pool safety campaign A new my story approach to deliver the Queensland Government s ABC safety message: Always supervise your children near the pool Begin swimming lessons for children early Close the pool gate and keep your fence maintained. Queensland Government increased its spending on its 2009/2010 summer pool safety campaign.

32 Looking ahead stage two Pool safety measures expected to take effect on 1 December 2010 for mostly existing pools. Some changes are: application of the new QDC MP 3.4 to all existing swimming pools associated with class 1, 2, 3 and 4 buildings, indoor pools and caravan parks. A five year phase in period unless sold or leased first will apply. phase out of child-resistant doors used as pool barriers for existing pools (five year phase in unless sold or leased first) wider application of state laws to include indoor pools and pools associated with hotels, motels, caretaker residences and caravan parks a mandatory point of sale and lease inspection system

33 Looking ahead stage two cont. a swimming pool register change current definition of a portable wading pool from a depth of 450 mm to a depth to 300 mm (volume and no filtration system will remain unchanged) narrowing the ability for local governments to create local pool laws where state laws apply strengthen local government s powers of entry for pool safety inspections model local law for local governments who wish to cover pools outside state laws.

34 Miscellaneous amendments to the Building Act 1975 Building and Other Legislation Amendments Bill 2009 passed by Parliament 12 November 2009 and has been enacted. Building and Other Legislation Amendment Regulation (No. 3) 2009 was approved 19 November 2009 Changes take effect on 1 January 2010 or on proclamation.

35 Miscellaneous amendments to the Building Act 1975 to take effect on 1 January 2010 Section 37: removal of financial hardship test. Building certifiers must certify in writing that substantial progress in the design of the building has occurred to use the previous building assessment provisions to assess the building application Section 61: clarifies that there is a discretion for building certifiers to allow alterations to an existing lawful use to comply with relevant provision applicable to the existing lawful use e.g. 9a to 9c Section 88: the private building certifier now has two options on when to give the applicant the approval documents: - once the local government has acknowledged receipt of the documents and payment - if the certifier has reliable records on file showing the approved documents have been sent to local government with correct forms and payment.

36 Miscellaneous amendments to the Building Act 1975 to take effect on 1 January 2010 Sections 103, 109: a certificate of classification must describe the type of building or the use it was designed for and changes to a building use within a classification will trigger a new certificate of classification. Section 115: requires occupiers or users of a building such as the building owner or the tenant to comply with any relevant BCA or QDC requirements for use of ongoing occupation. Section 133A: building certifiers must have regard for guidelines made under s258, Building Act 1975 which are relevant to the building certifier s functions

37 Miscellaneous amendments to the Building Act 1975 to take effect on 1 January 2010 Sections 154, 155, 163: licensed building surveying technicians (BST) will be allowed to work in private or Local Government, subject to the appropriate endorsements to perform building certifying functions for any class 1 or 10 building or structure. To be a private certifier and issue development approvals, BSTs must be endorsed the Building Services Authority. Section 185: any educational and experiential standards set by an accreditation standards body must now be approved by the chief executive

38 Miscellaneous amendments to the Building Act 1975 to take effect on 1 January 2010 Transitional provisions - BST Section 286: transitional provision for the continuing application of s154 for those BSTs licensed prior to 1 January 2010 Section 287: transitional provision for s155. This section applies if a following application for a BST licence made but not decided before 1 January 2010.

39 Miscellaneous amendments to the Building Act 1975 to take effect on proclamation Schedule 2: definition of a building is a fixed structure that is wholly or partly enclosed by walls or is roofed. The term also includes a floating building and any part of a building Section 20: self-assessable building work for the Building Act 1975 includes building work that is made self-assessable by the Sustainable Planning Act 2009 Section 21: for self-assessable building work under schedule 1 of the Building Regulation 2006 it is prohibited to use an alternative solution without a building certifier s approval Schedule 1: amended to include MP 2.4 Buildings in bushfire-prone areas and MP 6.1 Maintenance of safety installations.

40 Noise code Current process involves a separate process as well as the usual building approval process. This increases the time and cost involved in gaining final building approval. A proposed QDC Buildings in transport noise corridors is being developed and will streamline the current building development application. The code will apply to new, and in some cases renovated, class 1 to 4 buildings located within transport noise corridors (i.e. near designated state-controlled roads, railways and local government roads).

41 Session am to 12.30pm. Sustainability declaration and Ban the banners requirements commence 1 January 2010 Mandatory sustainability declarations during the marketing of homes (houses, terrace or town houses or units) for sale. Ban the banners provisions to stop covenants and body corporate community management statements and by-laws from prohibiting or restricting the use of particular sustainability and affordability features.

42 Improving sustainable housing in Queensland discussion paper Public consultation held June to September 2008 covered 11 measures that included a mandatory sustainability declaration and ban the banners Three-month consultation included community forums and shopping centre displays in 12 locations across Queensland/ 284 response forms and written submissions received from industry and the community.

43 Improving sustainable housing - Consultation on discussion paper Approximately 3500 website hits. Broad community and industry support for the policy proposals: - 95 per cent support for banning restrictive covenants/body corporate by-laws ban the banners - 70 per cent support for a mandatory sustainability declaration.

44 Toward Q2: Tomorrow s Queensland Goal of reducing the state s carbon footprint by 1/3 by 2020 including through reduced greenhouse gas intensive electricity use strategies include supplying Queenslanders with the information and tools needed to reduce their carbon footprint. Cleaner Greener Buildings 2009 election commitment Ban the banners.

45 Sustainability declaration From 1 January 2010, sellers in Queensland will need to prepare a sustainability declaration before a home can be marketed for sale either privately or through an agent. The goals are to: increase seller and buyer awareness of sustainability features and their potential value promote the potential dollar savings from the improved energy and water efficiencies (and greenhouse gas reductions) to encourage sellers and buyers to install the features.

46 What is a sustainability declaration? A sustainability declaration is a compulsory checklist that enables a seller to highlight desirable environmental and social sustainability features during the marketing of a home for sale. The features cover energy and water efficiency, access and safety.

47 Sustainability declaration It is not intended to be a technical assessment, but rather a quick and standard means of communicating desirable features to new potential owners. If sellers have technical assessments (e.g. energy efficiency assessments) they can include this information. The declaration must be completed to the best of the seller s ability and knowledge.

48 How does it work? The sustainability declaration: must be prepared using the approved form and signed by the seller prior to marketing a home for sale can be prepared by the seller or another person nominated by the seller, however, the seller must sign the declaration is not part of or attached to the contract of sale. A buyer can not terminate a contract based on an incomplete, false or misleading sustainability declaration.

49 How does it work? The sustainability declaration: becomes part of the advertising and inspection process to be used by the independent seller or real estate agent appointed by the seller during the potential marketing period. The potential marketing period is until settlement. must be updated over time if the information on the declaration is not correct must be used by a private seller or agent during the advertising and inspection of a home. These marketing requirements can be satisfied in a number of ways.

50 Sustainability declaration - guideline A quick reference guide will be available to assist homeowners, prospective home buyers, real estate professionals and all other interested persons to understand more about the technical issues and regulatory requirements of the sustainability declaration. It will assist sellers to exercise reasonable care and skill before signing the declaration.

51 Sustainability declaration The declaration is divided into four sections that target a broad cross section of environmental and social sustainability features: Energy Water Access Safety

52 Requirements about advertising Do not include newspaper and magazine advertisements or generic signs but covers other forms of advertising Other published ads must include information about where a person may obtain a copy of the sustainability declaration. any advertising documents given out must include a copy (except if a person already has a copy or it is at an inspection and the requirement is met in alternative ways).

53 Requirements about inspections If inspection is open to the public: ensure a copy of the sustainability declaration is conspicuously displayed so anyone can easily read it. If a private inspection: a copy may be provided to the prospective purchaser prior to the inspection, or a copy is readily available before entry to the building or a copy is conspicuously displayed.

54 Requirements if a potential buyer requests a copy If a potential buyer requests a copy of the sustainability declaration the seller/agent must provide a copy as soon as practicable.

55 No right to terminate contract The sustainability declaration is not part of the contract. An incomplete or false or misleading sustainability declaration can not be used as a reason to terminate a contract for sale.

56 Possible compensation The buyer may seek compensation from the seller if the sustainability declaration contained incorrect information and the purchaser incurs a loss or expense. For example, the seller declared that the ceiling and walls are insulated but the buyer discovers after settlement that this is not the case and has to go to the expense of installing insulation. The buyer has also lost potential ongoing energy savings.

57 Sustainability declaration Potential seller penalties (Building Act 1975) There are possible maximum penalties of up to 20 penalty units (maximum $2000) if a sustainability declaration is not prepared or advertising or inspection disclosure requirements are not followed. This is enforced by local government.

58 Sustainability declaration potential agent penalties (Property Agents and Motor Dealers Act 2000) There are possible maximum penalties of up to 100 penalty units (maximum $10 000) if agents do not follow advertising or inspection disclosure requirements. Enforced by Office of Fair Trading.

59 Properties on the market prior to 1 January 2010 Homes already on the market and not sold by 1 January 2010, which continue to be marketed, will have to have a sustainability declaration.

60 Ban the banners On 2 March 2009, Cleaner, Greener Buildings election policy was announced and it included actions such as ban the banners. First of its kind in Australia and will stop bodies corporate and developers from banning specific energy efficient and affordable building features.

61 Ban the banners The ban the banners provisions will stop new covenants and body corporate statements/by-laws from restricting owners from using selected sustainable and affordability features and will allow: smaller minimum floor areas light roof colours and energy efficient windows and home orientation smaller number of bedrooms and bathrooms.

62 Ban the banners Will also allow: affordable materials and surface finishes to be used for external walls and roofs roof pitch choice the ability to occupy new homes before landscaping, fencing or driveways are completed single garages the appropriate location for solar hot water systems and photovoltaic cells.

63 Ban the banners Existing body corporate statements/by-laws and covenants in force before 1 January 2010 will not be affected by the legislation, except for: overriding them to allow the appropriate location and installation of solar hot water systems photovoltaic (solar) panels for the generation of electricity.

64 Ban the banners Aims to stop bodies corporate and developers from unreasonably restricting the use of energy efficient and affordable building features. Bodies corporate will still be able to suggest ways to introduce the features to minimise the visual impact and not unreasonably prevent others use and enjoyment of the building. Any relevant disputes between bodies corporate and lot owners can be adjudicated under the Body Corporate and Community Management Act 1997.

65 Building Codes Queensland Department of Infrastructure and Planning Phone: (07) Website: To subscribe to building and plumbing newsflashes: