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Queensland
BUILDING AND OTHER
LEGISLATION AMENDMENT
BILL 2001
Queensland
BUILDING AND OTHER LEGISLATION
AMENDMENT BILL 2001
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF BUILDING ACT 1975
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Insertion of new pt 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2A--FIRE SAFETY FOR BUDGET ACCOMMODATION
BUILDINGS
Division 1--Interpretation
12A Definitions for pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
12B Meaning of "budget accommodation building". . . . . . . . . . . . . . . . . 7
Division 2--Fire safety standard
12C Fire safety standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12D Guidelines for fire safety standard . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12E Public notice of guidelines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12F Access to guidelines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 3--Budget accommodation buildings built, approved or applied
for, before 1 January 1992
12G Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12H Owner must ensure building conforms with fire safety standard . . . 10
12I Approval of longer period for conformity with fire safety standard . 10
12J Advice as to conformity with fire safety standard . . . . . . . . . . . . . . . 11
12K Appeals about conformity with fire safety standard . . . . . . . . . . . . . 12
12L Stay of operation of local government decision . . . . . . . . . . . . . . . . 12
2
Building and Other Legislation Amendment Bill 2001
12M Local government decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 4--All budget accommodation buildings
12N Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
12O Obligation about fire safety management plan . . . . . . . . . . . . . . . . . 13
12P Accessing fire safety management plan. . . . . . . . . . . . . . . . . . . . . . . 13
12Q Development approval for building work for budget
accommodation buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
12R Annual inspection of buildings for which development approval
is given ............................................. 14
Division 5--Miscellaneous
12S Obligations of entities about guidelines for fire safety standard
and fire safety management plans . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
5 Amendment of s 17 (Advice as to compliance) . . . . . . . . . . . . . . . . . . . . . . 16
6 Amendment of s 52 (Regulation-making power) . . . . . . . . . . . . . . . . . . . . . 16
PART 3--AMENDMENT OF FIRE AND RESCUE SERVICE ACT
1990
7 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
8 Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
9 Amendment of s 55 (Powers of authorised officer for preventative or
investigative purposes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
10 Replacement of pt 9A, div 2 heading (Duties of occupiers) . . . . . . . . . . . . . 17
Division 2--Obligations of persons for fire safety
Subdivision 1--Means of escape and prescribed fire safety installations'.
11 Insertion of new pt 9A, div 2, sdiv heading. . . . . . . . . . . . . . . . . . . . . . . . . . 18
12 Insertion of new pt 9A, sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Subdivision 3--Fire safety management plan
104FA Obligation to prepare fire safety management plan. . . . . . . . . . . . . . 18
104FB Other obligations about fire safety management plan . . . . . . . . . . . . 18
104FC Meaning of "fire safety management plan". . . . . . . . . . . . . . . . . . . . 19
104FD Guidelines for preparing fire safety management plans . . . . . . . . . . 20
104FE Public notice of guidelines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
104FF Access to guidelines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
104FG Accessing fire safety management plan . . . . . . . . . . . . . . . . . . . . . . 20
Subdivision 4--Obligations of entities about guidelines for fire safety
standard and fire safety management plans
3
Building and Other Legislation Amendment Bill 2001
104FH Obligations about guidelines for fire safety standard and fire
safety management plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Subdivision 5--Chief commissioner's notice about occupier's and owner's
obligations'.
13 Amendment of s 104G (Notice by chief commissioner about occupier's
obligations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
PART 4--AMENDMENT OF LOCAL GOVERNMENT ACT 1993
14 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
15 Amendment of s 1082 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
16 Amendment of s 1098 (Approval of inspection program) . . . . . . . . . . . . . . 22
17 Amendment of section 1096 (Monitoring authorisations and notices and
processing applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
18 Amendment of s 1101 (Power of entry under approved inspection program) 23
2001
A BILL
FOR
An Act to amend the Building Act 1975, the Fire and Rescue Service Act
1990 and the Local Government Act 1993
s1 6 s4
Building and Other Legislation Amendment Bill 2001
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Building and Other Legislation Amendment
Act 2001. 1
2 Commencement
Clause 2
This Act commences on a day to be fixed by proclamation. 3
PART 2--AMENDMENT OF BUILDING ACT 1975 4
3 Act amended in pt 2
Clause 5
This part amends the Building Act 1975. 6
4 Insertion of new pt 2A
Clause 7
After part 2-- 8
insert-- 9
`PART 2A--FIRE SAFETY FOR BUDGET 10
ACCOMMODATION BUILDINGS 11
`Division 1--Interpretation 12
`12A Definitions for pt 2A 13
In this part-- 14
"BCA" means the Building Code of Australia. 15
s4 7 s4
Building and Other Legislation Amendment Bill 2001
"budget accommodation building" see section 12B. 1
"development application" see schedule 10 of IPA. 2
"development approval" see schedule 10 of IPA. 3
"fire safety management plan" see the Fire and Rescue Service Act 1990, 4
section 104FC. 5
"fire safety standard" see section 12C(1). 6
"fire safety system", for a building, means the building's features, and 7
procedures established for the building, providing for all or any of the 8
following-- 9
(a) warning the building's occupants about a fire emergency; 10
(b) safe evacuation of the building's occupants; 11
(c) extinguishing or restricting the spread of fire in the building. 12
"IPA" means the Integrated Planning Act 1997. 13
`12B Meaning of "budget accommodation building" 14
`(1) A "budget accommodation building" is a building that-- 15
(a) has bathroom and sanitary facilities, other than a laundry, shared 16
by the occupants of the building; and 17
(b) provides accommodation of a following type for 6 or more 18
persons-- 19
(i) boarding house, backpacker hostel or similar type 20
accommodation; 21
(ii) hotel accommodation; 22
(iii) accommodation for persons who have an intellectual or 23
physical disability and require full time or part time care. 24
`(2) However, each of the following is not a budget accommodation 25
building-- 26
(a) a motel; 27
(b) a building that is, or forms part of-- 28
(i) a corrective service facility established under the Corrective 29
Services Act 2000; or 30
s4 8 s4
Building and Other Legislation Amendment Bill 2001
(ii) a detention centre established under the Juvenile Justice Act 1
1992; 2
(c) a building used for providing aged care under the Aged Care Act 3
1997 (Cwlth); 4
(d) a building classified as a class 1a, 2 or 9a building under the 5
BCA. 6
`Division 2--Fire safety standard 7
`12C Fire safety standard 8
`(1) A regulation may prescribe a standard (the "fire safety standard") 9
for ensuring that all the occupants of a budget accommodation building 10
may be safely evacuated in the event of a fire in the building. 11
`(2) Without limiting subsection (1), the fire safety standard may provide 12
for all or any of the following for the building-- 13
(a) the allowable number of occupants; 14
(b) the provision and maintenance of fire safety systems; 15
(c) training programs for occupants and persons employed in the 16
building about-- 17
(i) fire management and prevention; or 18
(ii) emergency evacuation. 19
`12D Guidelines for fire safety standard 20
`(1) The chief executive may issue guidelines about ways of complying 21
with the fire safety standard. 22
`(2) Before issuing the guidelines, the chief executive must consult with 23
any entity the chief executive considers appropriate. 24
`12E Public notice of guidelines 25
`(1) After issuing the guidelines, the chief executive must give notice of 26
the guidelines. 27
`(2) The notice must-- 28
s4 9 s4
Building and Other Legislation Amendment Bill 2001
(a) be published in a newspaper the chief executive considers 1
appropriate; and 2
(b) state the places where copies of the guidelines may be inspected 3
or bought. 4
`12F Access to guidelines 5
`(1) The chief executive must keep a copy of the guidelines and any 6
document applied, adopted or incorporated by the guidelines available for 7
inspection-- 8
(a) without charge, during normal business hours at the department's 9
head office; and 10
(b) on the department's web site on the internet.1 11
`(2) On payment of the fee, if any, decided by the chief executive, a 12
person may obtain a copy of the guidelines. 13
`(3) The fee decided by the chief executive must be not more than the 14
chief executive's reasonable cost of producing the copy. 15
`Division 3--Budget accommodation buildings built, approved or applied 16
for, before 1 January 1992 17
`12G Application of div 3 18
`This division applies to a budget accommodation building only if-- 19
(a) construction of the building started before 1 January 1992; or 20
(b) construction of the building was-- 21
(i) approved, under this Act, before 1 January 1992; and 22
(ii) started on or after 1 January 1992; or 23
(c) an application for approval to construct the building-- 24
(i) was made, under this Act, before 1 January 1992; and 25
(ii) the approval was given on or after 1 January 1992. 26
1 The department's head office is at 41 George Street, Brisbane 4000 and its web site
on the internet is www.dlgp.qld.gov.au.
s4 10 s4
Building and Other Legislation Amendment Bill 2001
`12H Owner must ensure building conforms with fire safety standard 1
`The owner of a budget accommodation building must ensure the 2
building conforms with-- 3
(a) the provisions of the fire safety standard about emergency 4
lighting and early warning systems within-- 5
(i) 1 year after the standard commences; or 6
(ii) the longer period approved for the building under 7
section 12I; and 8
(b) the remaining provisions of the standard within-- 9
(i) 3 years after the standard commences; or 10
(ii) the longer period approved for the building under 11
section 12I. 12
Maximum penalty--165 penalty units. 13
`12I Approval of longer period for conformity with fire safety standard 14
`(1) The owner of a budget accommodation building may make written 15
application to the local government to approve a period for the building 16
under section 12H(a)(ii) or (b)(ii). 17
`(2) The local government may-- 18
(a) consult with any other entity the local government considers 19
appropriate in deciding the application; and 20
(b) grant the application only if the local government is satisfied 21
undue hardship would be caused to the building's occupants if 22
the application were refused. 23
`(3) The local government may grant the application with or without the 24
reasonable conditions the local government considers appropriate. 25
`(4) Within 20 business days after receiving the application, the local 26
government must-- 27
(a) decide the application; and 28
(b) give the owner written notice of the decision. 29
`(5) The notice must state-- 30
s4 11 s4
Building and Other Legislation Amendment Bill 2001
(a) the reasons for the decision; and 1
(b) the decision may be appealed to a tribunal under IPA; and 2
(c) if an appeal is made, the appeal must be made within 20 business 3
days after the owner receives the notice. 4
`(6) The owner must comply with each condition imposed on the 5
approval. 6
Maximum penalty for subsection (6)--165 penalty units. 7
`12J Advice as to conformity with fire safety standard 8
`(1) The owner of a budget accommodation building may make written 9
application to the local government for advice as to whether the building 10
conforms with the fire safety standard. 11
`(2) Within 20 business days after receiving the application, the local 12
government must-- 13
(a) decide if the building conforms with the fire safety standard; and 14
(b) give the owner written notice of the decision. 15
`(3) If the local government decides the building does not conform with 16
the fire safety standard, the notice must state-- 17
(a) the reasons for the decision; and 18
(b) the decision may be appealed to a tribunal under IPA; and 19
(c) if an appeal is made, the appeal must be made within 20 business 20
days after the owner receives the notice. 21
`(4) The notice must also state what must be done by the owner to make 22
the building conform with the standard. 23
`(5) The owner must comply with the notice. 24
Maximum penalty for subsection (5)--165 penalty units. 25
`(6) Subsection (3) does not limit the power of the local government 26
under sections 22 and 23.2 27
2 Sections 22 (Enforcement notices) and 23 (Specific requirements of enforcement
notices)
s4 12 s4
Building and Other Legislation Amendment Bill 2001
`12K Appeals about conformity with fire safety standard 1
`(1) This section applies if the owner of a budget accommodation 2
building is dissatisfied with-- 3
(a) a local government decision on an application made by the owner 4
under section 12I(1) or 12J(1); or 5
(b) the lack of a decision mentioned in paragraph (a) within 6
20 business days after the local government received the 7
application (the "decision period"). 8
`(2) The owner may appeal to a tribunal under IPA. 9
`(3) The appeal must be started within 20 business days after-- 10
(a) notice of the decision is given to the owner; or 11
(b) if a decision is not given within the decision period, the last day 12
of the decision period. 13
`12L Stay of operation of local government decision 14
`The lodging of a notice of appeal about a local government decision 15
mentioned in section 12K(1)(a) stays the operation of the decision until-- 16
(a) the tribunal, on the application of the local government, decides 17
otherwise; or 18
(b) the appeal is withdrawn; or 19
(c) the appeal is dismissed. 20
`12M Local government decisions 21
`(1) This section applies to a decision made, or written notice of which is 22
given, by a local government, after the period stated in section 12I(4) or 23
12J(2). 24
`(2) The decision is not invalid merely because it was made, or the notice 25
was given, after the period. 26
s4 13 s4
Building and Other Legislation Amendment Bill 2001
`Division 4--All budget accommodation buildings 1
`12N Application of div 4 2
`This division applies to a budget accommodation building regardless of 3
when it was, or is, built. 4
`12O Obligation about fire safety management plan 5
`(1) This section applies if-- 6
(a) the owner of a budget accommodation building prepares a fire 7
safety management plan, under section 12Q(2), for a 8
development application for the building; and 9
(b) a development approval is given for the application. 10
`(2) The owner must ensure the fire safety management plan is updated 11
as soon as practicable, but not later than 1 month, after a change in 12
circumstances affecting the plan's compliance with the fire safety standard. 13
Maximum penalty for subsection (2)--100 penalty units. 14
`(3) A change in circumstances mentioned in subsection (2) includes, for 15
example, a change in the fire safety standard. 16
`(4) The owner must ensure the current fire safety management plan is 17
implemented. 18
Maximum penalty for subsection (4)--100 penalty units. 19
`12P Accessing fire safety management plan 20
`The owner of a budget accommodation building must ensure a copy of 21
the building's current fire safety management plan is kept in the building 22
and is available for inspection, free of charge, by occupants and other 23
members of the public whenever the building is open for business. 24
Maximum penalty--20 penalty units. 25
s4 14 s4
Building and Other Legislation Amendment Bill 2001
`12Q Development approval for building work for budget 1
accommodation buildings 2
`(1) This section applies to a development application for a budget 3
accommodation building that is made after the commencement of this 4
section and involves building work. 5
`(2) A fire safety management plan is a mandatory requirement in 6
addition to the requirements stated in section 3.2.1(3)(a)3 of IPA for the 7
application. 8
`(3) Chapter 5, part 34 of IPA does not apply for the application if it is for 9
building work required to ensure the building conforms, under section 12H, 10
with the fire safety standard. 11
`(4) For the part of the application relating to building work for a budget 12
accommodation building-- 13
(a) section 3.5.13(4)5 of IPA does not apply; and 14
(b) the assessment manager must refuse the part of the application if 15
the assessment manager is satisfied-- 16
(i) the development does not comply with the applicable code 17
and compliance with the code can not be achieved by 18
imposing reasonable conditions; or 19
(ii) the fire safety management plan does not comply with the 20
Fire and Rescue Service Act 1990, section 104FC,6 and 21
compliance with the section can not be achieved by 22
imposing reasonable conditions. 23
`12R Annual inspection of buildings for which development approval 24
is given 25
`(1) This section applies to a budget accommodation building if-- 26
(a) a development approval is given for building work for the 27
building after the commencement of this section; and 28
3 IPA, section 3.2.1 (Applying for development approval)
4 IPA, chapter 5 (Miscellaneous), part 3 (Private certification)
5 IPA, section 3.5.13 (Decision if application requires code assessment)
6 Fire and Rescue Service Act 1990, section 104FC (Content of fire safety
management plan)
s4 15 s4
Building and Other Legislation Amendment Bill 2001
(b) the building work involves an alternative solution, within the 1
meaning of the BCA,7 that includes fire safety management 2
procedures as a condition of the use and occupation of the 3
building. 4
`(2) The local government must inspect the building annually-- 5
(a) to monitor compliance, by the owner of the building, with this 6
part; and 7
(b) to inspect the records required, under this Act, to be kept by the 8
owner for this part. 9
`Division 5--Miscellaneous 10
`12S Obligations of entities about guidelines for fire safety standard 11
and fire safety management plans 12
`(1) In carrying out a function or power conferred on an entity under this 13
Act or another local government Act, the entity must have regard to-- 14
(a) for a matter relating to the fire safety standard--the information 15
in the fire safety standard guidelines; or 16
(b) for a matter relating to the fire safety management plan--the 17
information in the fire safety management plan guidelines. 18
`(2) In ensuring a budget accommodation building conforms with the fire 19
safety standard, the owner of the building must have regard to the 20
information in the fire safety standard guidelines. 21
`(3) In preparing a fire safety management plan for a budget 22
accommodation building, the owner of the building must have regard to the 23
information in-- 24
(a) the fire safety standard guidelines; and 25
(b) the fire safety management plan guidelines. 26
`(4) In this section-- 27
7 BCA, part A1 (Interpretation), section A1.1 (Definitions)--
"Alternative Solution" means a Building Solution which complies with the
Performance Requirements other than by reason of satisfying the
Deemed-to-Satisfy Provisions.
s5 16 s7
Building and Other Legislation Amendment Bill 2001
` "fire safety management plan guidelines" means the guidelines made 1
under the Fire and Rescue Service Act 1990, section 104FD.8 2
"fire safety standard guidelines" means the guidelines made under 3
section 12D. 4
"local government Act" means a local government Act within the 5
meaning of the Local Government Act 1993, section 3.9'. 6
5 Amendment of s 17 (Advice as to compliance)
Clause 7
Section 17-- 8
insert-- 9
`(5) Subsection (3) does not limit the power of the local government 10
under sections 22 and 23.'. 11
6 Amendment of s 52 (Regulation-making power)
Clause 12
Section 52(2)-- 13
insert-- 14
`(ba)the records required for this Act; and'. 15
PART 3--AMENDMENT OF FIRE AND RESCUE 16
SERVICE ACT 1990 17
7 Act amended in pt 3
Clause 18
This part amends the Fire and Rescue Service Act 1990. 19
8 Fire and Rescue Service Act 1990, section 104FD (Guidelines for preparing fire
safety management plans)
9 Local Government Act 1993, section (3) (Definitions)--
"local government Act" means an Act under which a local government may
exercise the jurisdiction of local government, and includes, for example, this
Act, the Integrated Planning Act 1997, Water Act 2000, chapter 3, a local law,
a planning scheme or interim development control provisions.
s8 17 s 10
Building and Other Legislation Amendment Bill 2001
8 Amendment of s 6 (Definitions)
Clause 1
Section 6-- 2
insert-- 3
` "budget accommodation building" see the Building Act 1975, 4
section 12B. 5
"fire safety management plan" see section 104FC. 6
"fire safety standard" see the Building Act 1975, section 12C(1).'. 7
9 Amendment of s 55 (Powers of authorised officer for preventative
Clause 8
or investigative purposes) 9
(1) Section 55(1)(b), `prevention measures'-- 10
omit, insert-- 11
`prevention measures, including the implementation of a fire safety 12
management plan as required under part 9A,10'. 13
(2) Section 55-- 14
insert-- 15
`(2A) However, subsection (2)(a) does not apply to a budget 16
accommodation building if the entry is made to investigate whether the 17
owner of the building is implementing a fire safety management plan.'. 18
10 Replacement of pt 9A, div 2 heading (Duties of occupiers)
Clause 19
Part 9A, division 2, heading-- 20
omit, insert-- 21
`Division 2--Obligations of persons for fire safety 22
`Subdivision 1--Means of escape and prescribed fire safety 23
installations'. 24
10 Part 9A (Building fire safety)
s 11 18 s 12
Building and Other Legislation Amendment Bill 2001
11 Insertion of new pt 9A, div 2, sdiv heading
Clause 1
Before section 104E-- 2
insert-- 3
`Subdivision 2--Fire and evacuation plan'. 4
12 Insertion of new pt 9A, sdiv 3
Clause 5
After section 104F-- 6
insert-- 7
`Subdivision 3--Fire safety management plan 8
`104FA Obligation to prepare fire safety management plan 9
`(1) This section applies to a budget accommodation building only if-- 10
(a) construction of the building started before the commencement of 11
this section; or 12
(b) construction of the building was-- 13
(i) approved under IPA before the commencement; and 14
(ii) started on or after the commencement; or 15
(c) an application for approval to construct the building-- 16
(i) was made under IPA before the commencement; and 17
(ii) the approval is given on or after the commencement. 18
`(2) The owner of the budget accommodation building must prepare a 19
fire safety management plan for the building within 1 year after the 20
commencement. 21
Maximum penalty--100 penalty units. 22
`104FB Other obligations about fire safety management plan 23
`(1) The owner of a budget accommodation building who is required, 24
under section 104FA or the Building Act 1975, section 12Q(2),11 to prepare 25
11 Building Act 1975, section 12Q (Development approval for building work for budget
accommodation buildings)
s 12 19 s 12
Building and Other Legislation Amendment Bill 2001
a fire safety management plan for the building must ensure the plan is 1
updated as soon as practicable, but not later than 1 month, after a change in 2
circumstances affecting the plan's compliance with the fire safety standard. 3
Maximum penalty for subsection (1)--100 penalty units. 4
`(2) A change in circumstances mentioned in subsection (1) includes, for 5
example, a change in the fire safety standard. 6
`(3) The owner must ensure the current fire safety management plan is 7
implemented. 8
Maximum penalty for subsection (3)--100 penalty units. 9
`104FC Meaning of "fire safety management plan" 10
`(1) A "fire safety management plan" for a building is a plan that states 11
each of the following and complies with subsections (2) and (3)-- 12
(a) the allowable number of occupants for the building; 13
(b) the proposed maintenance schedule for the building's prescribed 14
fire safety installations; 15
(c) the evacuation plan for evacuating the building's occupants, 16
including occupants with an intellectual or physical disability, in 17
the event of a fire in the building; 18
(d) proposed training programs for occupants and persons employed 19
in the building about-- 20
(i) fire management and prevention; and 21
(ii) emergency evacuation; 22
(e) a list of the building's prescribed fire safety installations, together 23
with the brand name and model number of each installation, if 24
applicable. 25
`(2) The matters mentioned in subsection (1)(a) to (d) must comply with 26
the fire safety standard. 27
`(3) The fire safety management plan must have attached to it, or be 28
accompanied by, a copy of the building plans, in a reasonable scale, 29
identifying the location of the building's prescribed fire safety installations. 30
s 12 20 s 12
Building and Other Legislation Amendment Bill 2001
`104FD Guidelines for preparing fire safety management plans 1
`(1) The chief executive may issue guidelines for preparing fire safety 2
management plans. 3
`(2) Before issuing the guidelines, the chief executive must consult with 4
any entity the chief executive considers appropriate. 5
`104FE Public notice of guidelines 6
`(1) After issuing the guidelines, the chief executive must give notice of 7
the guidelines. 8
`(2) The notice must-- 9
(a) be published in a newspaper the chief executive considers 10
appropriate; and 11
(b) state the places where copies of the guidelines may be inspected 12
or bought. 13
`104FF Access to guidelines 14
`(1) The chief executive must keep a copy of the guidelines and any 15
document applied, adopted or incorporated by the guidelines available for 16
inspection-- 17
(a) without charge, during normal business hours at the department's 18
head office; and 19
(b) on the department's web site on the internet.12 20
`(2) On payment of the fee, if any, decided by the chief executive, a 21
person may obtain a copy of the guidelines. 22
`(3) The fee decided by the chief executive must be not more than the 23
chief executive's reasonable cost of producing the copy. 24
`104FG Accessing fire safety management plan 25
`The owner of a budget accommodation building must ensure a copy of 26
the building's current fire safety management plan is kept in the building 27
12 The department's head office is at Emergency Services Complex, corner Park and
Kedron Park Roads, Kedron 4031 and its web site on the internet is
www.fire.qld.gov.au.
s 12 21 s 12
Building and Other Legislation Amendment Bill 2001
and is available for inspection, free of charge, by the building's occupants 1
and other members of the public whenever the building is open for 2
business. 3
Maximum penalty--20 penalty units. 4
`Subdivision 4--Obligations of entities about guidelines for fire safety 5
standard and fire safety management plans 6
`104FH Obligations about guidelines for fire safety standard and fire 7
safety management plans 8
`(1) In carrying out a function or power conferred on an entity under this 9
Act, the entity must have regard to-- 10
(a) for a matter relating to the fire safety standard--the information 11
in the fire safety standard guidelines; or 12
(b) for a matter relating to the fire safety management plan--the 13
information in the fire safety management plan guidelines. 14
`(2) In ensuring a budget accommodation building conforms with the fire 15
safety standard, the owner of the building must have regard to the 16
information in the fire safety standard guidelines. 17
`(3) In preparing a fire safety management plan for a budget 18
accommodation building, the owner of the building must have regard to the 19
information in-- 20
(a) the fire safety standard guidelines; and 21
(b) the fire safety management plan guidelines. 22
`(4) In this section-- 23
` "fire safety management plan guidelines" means the guidelines made 24
under section 104FD. 25
"fire safety standard guidelines" means the guidelines made under the 26
Building Act 1975, section 12D.13 27
`Subdivision 5--Chief commissioner's notice about occupier's and 28
owner's obligations'. 29
13 Building Act 1975, section 12D (Guidelines for fire safety standard)
s 13 22 s 17
Building and Other Legislation Amendment Bill 2001
13 Amendment of s 104G (Notice by chief commissioner about
Clause 1
occupier's obligations) 2
(1) Section 104G, heading, after `occupier's'-- 3
insert-- 4
`or owner's'. 5
(2) Section 104G(1), after `occupier'-- 6
insert-- 7
`or owner'. 8
PART 4--AMENDMENT OF LOCAL GOVERNMENT 9
ACT 1993 10
14 Act amended in pt 4
Clause 11
This part amends the Local Government Act 1993. 12
15 Amendment of s 1082 (Definitions)
Clause 13
Section 1082-- 14
insert-- 15
` "budget accommodation building" see the Building Act 1975, 16
section 12B.'. 17
16 Amendment of s 1098 (Approval of inspection program)
Clause 18
Section 1098(1), example 1, after `fencing'-- 19
insert-- 20
`or a budget accommodation building'. 21
17 Amendment of section 1096 (Monitoring authorisations and
Clause 22
notices and processing applications) 23
Section 1096(1)-- 24
s 18 23 s 18
Building and Other Legislation Amendment Bill 2001
insert-- 1
`(d) to inspect a record required to be kept under the Building Act 2
1975 for part 2A14 of that Act.'. 3
18 Amendment of s 1101 (Power of entry under approved
Clause 4
inspection program) 5
(1) Section 1101(1), `An'-- 6
omit, insert-- 7
`Subject to subsection (2), an'. 8
(2) Section 1101(2)-- 9
omit, insert-- 10
`(2) For a building or other structure, or the part of the building or other 11
structure, used for residential purposes, subsection (1)-- 12
(a) applies if entry is made to monitor compliance with the 13
requirements for a budget accommodation building under the 14
Building Act 1975, part 2A; but 15
(b) otherwise does not apply.'. 16
© State of Queensland 2001
14 Building Act 1975, part 2A (Fire safety for budget accommodation buildings)
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