Australian Capital Territory Repealed Regulations

This legislation has been repealed.

BUILDING REGULATION 2004 (REPEALED) - REG 16A

    (1)     The unaltered part of a substantially altered building that is a class 1 or class 10 building need not comply with the building code as a whole if the unaltered part complies with each of the following:

        (a)     either—

              (i)     the building code, volume 2, part 3.6.4 (which is about the use of glazing where there are human impact safety requirements); or

              (ii)     the alternative glazing requirements;

Note     For the alternative glazing requirements, see s (2).

        (b)     the building code, volume 2, part 3.7.2 (which is about the installation of smoke alarms);

        (c)     the building code, volume 2, part 3.7.4 (which is about the requirements for building in bush fire areas);

        (d)     either—

              (i)     the building code, volume 2, part 3.9.1 (which is about stair construction); or

              (ii)     the alternative stair requirements;

Note     For the alternative stair requirements, see s (3).

        (e)     if a balustrade compliance requirement applies to the unaltered part of the building—the building code, volume 2, part 3.9.2 (which is about the construction of balustrades);

Note     For the balustrade compliance requirements, see s (4).

        (f)     the building code, volume 2, part 3.9.3 (which is about swimming pool access);

        (g)     in relation to walls, unless compliance is unreasonable—

              (i)     the building code, volume 2, part 3.12 (which is about energy efficiency); or

              (ii)     the alternative energy efficiency requirements;

Note 1     For when compliance is unreasonable, see s (5).

Note 2     For the alternative energy efficiency requirements, see s (6).

        (h)     in relation to the roof, unless compliance is unreasonable—

              (i)     the building code, volume 2, part 3.12 (which is about energy efficiency); or

              (ii)     the alternative energy efficiency requirements.

    (2)     The unaltered part of a substantially altered building complies with the alternative glazing requirements if any glazing that would be required to be replaced for the part to comply with the building code, volume 2, part 3.6.4 is coated and permanently bonded on at least one side with a continuous polymeric coating, sheet or film.

    (3)     The unaltered part of a substantially altered building complies with the alternative stair requirements if it complies with each of the following:

        (a)     the dimensions of goings and risers (other than winders and tapered treads in a spiral stair) are constant throughout each stair flight;

        (b)     winder dimensions are constant throughout the flight;

        (c)     for a spiral stair—tapered tread dimensions are constant throughout the flight;

        (d)     riser dimensions are not taller than 250mm;

        (e)     if the stairway is more than 10m high or connects more than 3 storeys—the treads are of solid construction (for example, not mesh or other perforated material);

        (f)     a 125mm ball cannot pass between the treads of a riser opening;

        (g)     all treads have a slip-resistant finish or a suitable non-skid strip near the edge of the nosings;

        (h)     if the stair flight is more than 1m high and does not comply with the building code, volume 2, part 3.9.1.4 (which is about riser and going dimensions), whether or not it is required to comply with the part—

              (i)     the stairway has handrails; and

              (ii)     the handrails comply with the building code, volume 1, part D2.17 (which is about handrails), whether or not they are required to comply with the part.

Note     An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (4)     Each of the following is a balustrade compliance requirement for the unaltered part of a building:

        (a)     the part would be required to have a balustrade under the building code, volume 2, part 3.9.2, and has none;

        (b)     the part—

              (i)     would be required to have a balustrade under the building code, volume 2, part 3.9.2; and

              (ii)     has a balustrade that—

    (A)     does not comply with the building code, volume 2, part 3.9.2 and does not comply with the requirements of any law applying to the construction of balustrades at the time the balustrade was constructed, whether or not the balustrade previously complied with the code or requirements; and

    (B)     is installed so that a person breaching the balustrade could fall more than 4m measured from the lowest part of the balustrade at the point where the balustrade is breached.

    (5)     For this section, compliance with the building code, volume 2, part 3.12, or the alternative energy efficiency requirements, in relation to an unaltered part of a substantially altered building is unreasonable only if—

        (a)     for walls in the unaltered part—

              (i)     complying would require the removal of more than 10% of wall linings, or cladding, in the part; or

              (ii)     there is insufficient wall cavity space to accommodate enough thermal insulation material to achieve the R-value mentioned in subsection (6) (a); or

        (b)     for the roof in the unaltered part—

              (i)     complying would require the removal of more than 10% of the part's roofing; or

              (ii)     there is insufficient roof cavity space to accommodate enough thermal insulation material to achieve the R-value mentioned in subsection (6) (b).

    (6)     The unaltered part of a substantially altered building complies with the alternative energy efficiency requirements if it complies with each of the following:

        (a)     the exterior walls of the building have a total R-value of R2.0 or more;

        (b)     the roof of the building has a total R-value of R4.0 or more.

    (7)     In this section:

"flight" means part of a stair with a continuous series of risers, including risers of winders, not interrupted by a landing or floor.

"going" means the horizontal dimension from the front to the back of a tread less any overhang from the next tread above.

"riser "means the height between the consecutive treads.

"R-value "means the thermal resistance (m ² K/W) of a component calculated by dividing its thickness by its thermal conductivity.

"tapered tread" means a stair tread with a walking area that grows smaller towards one end.

"total R-value", of walls or a roof, means the total of the R-values of each component of the walls or roof.

"winders "means treads within a straight flight that are used to change direction of the stair.