Australian Capital Territory Repealed Acts

This legislation has been repealed.

BUILDING ACT 1972 (REPEALED) - SECT 38A

    (1)     There shall be the stages of building work prescribed under the regulations.

    (2)     A licensee in charge of building work shall not proceed with any building work above dampcourse level unless—

        (a)     the certifier has received a plan signed by a registered surveyor specifying the position of the building in relation to the boundaries of the parcel of land where the building is to be erected and specifying the level that the floor or floors of the building will have in relation to a level specified in the approved plans; and

        (b)     the certifier is satisfied that the position of the building and the level of the floor or floors are in accordance with—

              (i)     the approved plans; and

              (ii)     the conditions to which any compulsory consent is subject.

Maximum penalty: 50 penalty units.

    (3)     In subsection (2) (b) (ii):

"compulsory consent" means a consent or approval required to be obtained under section 34 (1) (d) or any other Territory law.

    (4)     A licensee in charge of building work who has reached a stage shall not proceed beyond that stage unless—

        (a)     he or she has given to the certifier notice that the stage has been reached; and

        (b)     the certifier has inspected the building work and has given written permission for the work to proceed.

Maximum penalty: 50 penalty units.

    (5)     A certifier who has received a notice under subsection (4) (a) shall inspect the building work to which the notice refers as soon as practicable.

    (6)     If, in the course of an inspection under this section, a certifier forms the opinion on reasonable grounds that the building work is not in compliance with section 37, the certifier shall give to the licensee in charge of the building work the written directions that are reasonable and appropriate for achieving compliance.

    (7)     A certifier who is satisfied, after an inspection under this section, that building work complies with section 37, shall certify accordingly and give the certificate to the licensee in charge of the building work.

    (8)     A certifier shall not fail, without reasonable excuse, to comply with subsection (5), (6) or (7).

Maximum penalty: 10 penalty units.

    (9)     A licensee in charge of building work shall keep records of—

        (a)     test borings, test loadings or other investigations made for the purpose of determining the permissible loadings on piles used in the building work, pile-driving operations, calculations of allowable loadings and details of the location of the piles; and

        (b)     tests loadings and excavations made for the purpose of determining the bearing capacity of the foundation for the building or proposed building or building as proposed to be altered; and

        (c)     tests referred to in subsection (10);

until a certificate of occupancy for the building work is issued, and, when the certificate is issued, the licensee in charge of the building work shall deliver those records to the certifier.

    (10)     A certifier may, by written notice, require the licensee in charge of the building work to conduct, on the materials used or to be used in the work, on the structure of the building, or in relation to any other matter concerned with the work, the tests specified in the notice.

    (11)     A licensee in charge of building work who is required under subsection (10) to conduct a test shall, as soon as practicable after the test is completed, submit to the person who requested it, in writing, the results of that test.