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Building and Other Legislation Amendment Bill 2001
BUILDING AND OTHER LEGISLATION
AMENDMENT BILL 2001
EXPLANATORY NOTES
GENERAL OUTLINE
Objectives of the legislation
To achieve a satisfactory standard of fire safety in budget
accommodation buildings by requiring:
· budget accommodation buildings not approved under the
Building Code of Australia to comply with prescribed minimum
fire safety standards; and
· owners of budget accommodation buildings to prepare and
implement a fire safety management plan.
Reasons for the Bill
The Building Fire Safety Taskforce formed to review building fire safety
in budget accommodation following the Palace Backpackers Hostel fire in
Childers on 23 June 2000 concluded there are inadequate fire safety
provisions to protect the lives of occupants in many budget accommodation
buildings.
Budget accommodation generally has a higher occupation density than
other forms of accommodation and a large number of older buildings are
being used as budget accommodation. Given the nature of the occupation,
the age of the buildings, the lack of fire safety facilities and predominant
timber construction, fire risk is very high in a large proportion of budget
accommodation buildings.
Many budget accommodation buildings were built before the
introduction of the Building Act 1975 and only had to comply with the fire
safety standards established by individual local governments at that time.
Between 1976 and 1992, the Building Act contained only minimal fire
safety standards for new buildings of this type. It was not until 1992, when
the Building Code of Australia (BCA) commenced in Queensland, that new
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Building and Other Legislation Amendment Bill 2001
budget accommodation buildings were required to comply with
contemporary fire safety standards.
Current building and fire safety legislation does not require older
buildings to comply with contemporary fire safety standards unless an
owner wants to renovate or alter a building, or there is a change of the
building's use classification under the Building Code of Australia.
However, classifications are broad, and these higher standards would not
apply, for example, where a building is converted from hotel
accommodation to a backpacker hostel.
The Childers incident demonstrated that fire in older buildings with
high-density use can have devastating consequences. Without appropriate
improvements in building fire safety in budget accommodation buildings,
an ever increasing number of occupants of budget accommodation will
continue to be subject to a high level of fire risk.
Ways in which the objectives are to be achieved
The objectives of the Bill are to be achieved by:
· Amending the Building Act to require budget accommodation
buildings to meet a fire safety standard for the safe evacuation of
all occupants. The fire safety standard will be called up by the
Standard Building Regulation 1993 and will set minimum
standards of smoke alarms and emergency lighting. The
installation of these minimum standards will be self-assessable
development and will not require a development approval under
the Integrated Planning Act 1997. Owners will be able to
approach local governments to confirm that their buildings
comply with the standard if they are in doubt.
Where higher risk budget accommodation buildings require
additional fire safety improvements other than smoke alarms and
emergency lighting this will require a development application
which must be accompanied by a fire safety management plan to
be assessed by local governments.
Also, local governments will undertake annual inspections of
buildings where a performance assessment of the building
approved the use of management procedures in lieu of changes to
the building fabric.
· Amending the Fire and Rescue Service Act 1990 to require
owners of budget accommodation buildings to prepare fire safety
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Building and Other Legislation Amendment Bill 2001
management plans. The contents of the plans will be described
in this Act. Building owners will also be required to maintain
and implement the plan. Queensland Fire and Rescue Service
officers will conduct random audits on budget accommodation
buildings to monitor ongoing compliance with the plans.
· Amending the Local Government Act 1993 to provide powers of
entry for local government officers into budget accommodation
buildings to monitor compliance with fire safety standards and
local government assessed fire safety management plans. These
compliance inspections will be carried out under approved
inspection programs. The Bill also amends the Fire and Rescue
Service Act 1990 to increase powers of entry for fire brigade
officers to inspect budget accommodation buildings.
Why this way of achieving the objectives is reasonable and appropriate
Encouraging local governments to introduce and enforce local
government local laws is a possible regulatory option. Eighty-four local
governments have local laws in respect of backpacker or boarding house
accommodation. Of these, sixty-six local laws make reference to fire
safety.
However, the drawback with local laws is that they are not consistent
across local government boundaries nor is it mandatory for a local
government to introduce a local law. Legislation is the only way to ensure
fire safety standards are applied consistently across the State.
An amendment of the Building Act to prescribe a fire safety standard is
the preferred option as this is the only way of ensuring all budget
accommodation would meet minimum standards within a prescribed time.
Alternatives to the Bill
There are no alternatives to the amending legislation if there is to be
consistent fire safety standards for budget accommodation across
Queensland.
Administrative cost to government of implementing the Bill
There are some costs to government of implementing the Bill. A fire
safety standard and guidelines for budget accommodation will be
developed to complement the proposed amendments to the Building Act.
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Building and Other Legislation Amendment Bill 2001
Research will be undertaken on how budget accommodation buildings
can achieve safe evacuation of occupants. This research will be used to
develop guidelines on cost effective techniques to upgrade buildings.
Consistency with fundamental legislative principles
The Bill amends section 110 of the Local Government Act and section
55 of the Fire and Rescue Service Act to provide powers of entry for local
government and fire brigade officers into budget accommodation buildings,
including the residential parts of the buildings. These powers of entry are
necessary to enable essential inspections to occur to ensure continued
operation of smoke alarms and emergency lighting and other fire safety
installations as they are critical elements of safe evacuation of occupants in
the event of a fire. The potential loss of life in the event of a fire is
justification for increased powers of entry into budget accommodation
buildings.
Consultation
The following State agencies were consulted during the preparation of
the Bill:
· Department of Premier and Cabinet;
· Department of Treasury;
· Department of Emergency Services;
· Department of Families;
· Disability Services Queensland;
· Department of Tourism, Racing and Fair Trading;
· Department of Public Works;
· Department of Housing;
· Department of State Development.
Other key stakeholder groups consulted include the following:
· Local Government Association of Queensland;
· Queensland Backpacker and Independent Traveller Industry
Association;
· Queensland Hotels Association;
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Building and Other Legislation Amendment Bill 2001
· Tourism Queensland;
· Supported Accommodation Providers Association Inc;
· Boarding House Owners and Managers Association;
· Supported Accommodation Providers Association Inc.
· Australian Institute of Building Surveyors;
· Institution of Engineers;
· Brisbane City Council; and
· Emergency Services Advisory Council.
Explanation of purpose and intended operation of each clause
PART 1--PRELIMINARY
Short title
Clause 1 provides that the short title of the Act is the Building and Other
Legislation Amendment Act 2001
Commencement
Clause 2 provides that the Act will commence on a date to be fixed by
proclamation.
PART 2--AMENDMENT OF BUILDING ACT 1975
Clause 3 declares Part 2 amends the Building Act 1975.
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Building and Other Legislation Amendment Bill 2001
PART 2A--FIRE SAFETY FOR BUDGET
ACCOMMODATION BUILDINGS
Clause 4 inserts a new Part 2A dealing with fire safety for budget
accommodation buildings.
Division 1--Interpretation
New section 12A (Definitions for pt 2A)
Section 12A inserts a list of definitions for new Part 2A.
New section 12B (Meaning of "budget accommodation building")
Section 12B(1) defines budget accommodation buildings as buildings
with the following features:
· shared facilities including sanitary and bathroom facilities (other
than a laundry); and
· accommodates 6 or more persons.
Included in this definition are backpacker hostels, boarding houses,
supported accommodation, and hotels providing sleeping accommodation
either as a community service or at commercial rates.
Section 12B(2) excludes several types of buildings from the definition
for budget accommodation building. These include motels, corrective
services facilities, juvenile detention centres, aged care premises and class
1a, 2 or 9a buildings under the Building Code of Australia.
Division 2--Fire safety standard
New section 12C (Fire safety standard)
Section 12C(1) allows a regulation making head of power to prescribe a
"fire safety standard" for budget accommodation buildings to achieve the
safe evacuation of all occupants in the event of a fire in the building.
Section 12C(2) describes what a fire safety standard may provide for;
including the allowable number of occupants; the provision and
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Building and Other Legislation Amendment Bill 2001
maintenance of fire safety systems; and training programs for occupants
and persons employed in the building about fire management, prevention or
emergency evacuation.
Many local governments have local laws regulating shared
accommodation premises and include fire safety standards in their
requirements. In accordance with section 31 of the Local Government Act
1993, the fire safety standard will override local law fire safety standards to
the extent of the inconsistency but will allow those local governments
which currently register owners of shared accommodation to continue to do
so, provided the local government ensures the premises continue to meet
the requirements of the legislation.
New section12D (Guidelines for fire safety standard)
Section 12D(1) allows the chief executive of the Department of Local
Government and Planning to issue guidelines about ways budget
accommodation buildings can comply with the fire safety standard.
Section 12D(2) requires the chief executive to consult with any entity
considered appropriate before issuing a guideline.
New section 12E (Public notice of guideline)
Section 12E(1) requires the chief executive, after issuing a guideline
under section 12D, to give notice of the guideline.
Section 12E(2) requires the notice referred to in section 12E(1) to be
published in an appropriate newspaper to state where the guideline may be
inspected or purchased.
New section 12F (Access to guidelines)
Section 12F(1)(a) requires the chief executive of the Department of
Local Government and Planning to keep a copy of any guidelines prepared
under section 12D(1) available for inspection without charge and during
normal business hours at the head office of the Department of Local
Government and Planning.
Section 12F(1)(b) requires the chief executive to also keep a copy of the
guidelines available for inspection on the department's web site on the
internet.
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Building and Other Legislation Amendment Bill 2001
Section 12F(2) allows a person to obtain a copy of any guidelines
prepared under section 12D(1). The chief executive may require a person
to pay a fee before obtaining a copy of any guidelines.
Section 12F(3) states any fee referred to in section 12F(2) must not
exceed the chief executive's reasonable cost of producing the copy of the
guideline.
Division 3--Budget accommodation buildings built, approved, or applied
for, before 1 January 1992
New section 12G (Application of div 3)
Section 12G states this division applies to a budget accommodation
building which was built or for which an application to construct the
building was made before 1 January 1992 when the current Building Code
of Australia commenced in Queensland.
The fire safety standards included in building applications for budget
accommodation buildings between 1976 and 1 January 1992 were based on
the requirements of the Building Act, and prior to 1976 the fire safety
requirements in local government local laws. These requirements were not
as stringent as the Building Code of Australia and the new section 12G will
ensure all budget accommodation buildings comply with minimum
standards to safely evacuate all occupants in the event of a fire.
New Section 12H (Owner must ensure building conforms with fire
safety standard)
Section 12H(a) requires an owner of a budget accommodation building
to install emergency lighting and an early warning system as described in
the fire safety standard, if required, within 1 year of the commencement of
the Building and Other Legislation Amendment Act 2001. An early
warning system is usually a smoke alarm system or it could be an
alternative where occupants are given early warning of a fire through some
other means, such as flashing lights or sirens if, for example, the occupants
of the building are unable to comprehend the smoke alarm signal because
they have a physical or intellectual disability.
However, there are a number of higher risk buildings, which due to their
age, design and occupancy, hinder the safe evacuation of tenants. These
buildings will require further upgrading if they are to be safe.
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Building and Other Legislation Amendment Bill 2001
Section 12H(b) requires an owner of a budget accommodation building
to install other fire safety measures as described in the fire safety standard,
if required, within 3 years of the commencement of the Building and Other
Legislation Amendment Act.
New section (12I Approval of longer period for conformity with fire
safety standard)
Section 12I(1) allows the owner of a budget accommodation building to
apply to the local government to extend the period for compliance with the
fire safety standard.
Section 12I(2)(a) allows the local government in deciding whether to
grant an extension of time to comply with the fire safety standard to consult
with any other entity considered appropriate.
Section 12I(2)(b) requires a local government to grant an extension of
time to comply with the fire safety standard only if it is satisfied that by not
granting the longer period it would cause undue hardship to the occupants
of a budget accommodation building. An extension of time may be granted
where the local government is satisfied undue hardship would be caused to
the building's occupants. This would include consideration as to whether
occupants would become homeless.
Section 12I(3) allows a local government in granting an extension of
time to comply with the fire safety standard to impose reasonable
conditions. These may include, for example, a program of improvements to
be implemented over the extension period.
Section 12I(4) requires a local government to make a decision and give
the owner written notice of the decision within 20 business days of
receiving an application as to whether to grant a longer period for a
building owner to comply with the fire safety standard.
Section 12I(5) requires a local government to state in a notice issued
under section 12I(2) the reasons for the decision, that the decision is
appealable to a tribunal formed under the Integrated Planning Act and an
appeal must be made within 20 business days after the building owner
receives the notice.
Section 12I(6) requires a building owner to comply with each approval
condition. Where a budget accommodation building owner does not
comply with the approval conditions a maximum penalty of 165 penalty
units applies.
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Building and Other Legislation Amendment Bill 2001
New section 12J (Advice as to conformity with fire safety standard)
Section 12J(1) allows an owner of a budget accommodation building to
make a written application to a local government for written advice as to
whether the building complies with the fire safety standard. Guidelines will
be prepared to assist building owners to assess whether their building
complies with the fire safety standard. If necessary, building owners could
seek the advice of a building professional or fire engineering consultant.
Otherwise, owners will also be able to apply to the local government under
section 12J to confirm their level of compliance. The Department will
prepare a guideline which will include a checklist which applicants should
complete when submitting their application.
Section 12J(2)(a) requires a local government that has received an
application under section 12J(1), to decide within 20 business days if the
building conforms with the fire safety standard.
Section 12J(2)(b) requires a local government to give a building owner,
who made an application under section 12J(1), written advice of its
decision within 20 business days after receiving the application.
Section 12J(3)(a) requires a local government that has received an
application under section 12J(1) and decided the building does not conform
with the fire safety standard, to advise the building owner in a notice under
section 12J(2) the reasons why the building does not conform with the
standard.
Section 12J(3)(b) requires the local government to advise an applicant if
there is a dispute over the level of upgrading required, this matter can be
appealed to a Building and Development Tribunal established under the
Integrated Planning Act.
Section 12J(4) requires a local government to advise an owner of a
budget accommodation building in a notice under section 12J(2) what must
be done to make the building comply with the fire safety standard.
Section 12J(5) requires an owner of a budget accommodation building to
comply with a notice issued under section 12J(2). Where a budget
accommodation building owner does not comply with the notice a
maximum penalty of 165 penalty units applies.
Section 12J(6) states section 12J(3) does not prevent the local
government issuing enforcement notices under section 22 and requiring
persons to undertake specific action under section 23 of the Building Act.
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Building and Other Legislation Amendment Bill 2001
New section 12K (Appeals about conformity with fire safety standard)
Section 12K allows an owner of a budget accommodation building
dissatisfied with a local government decision or with the lack of a local
government decision under sections 12I and 12J to appeal to a tribunal
formed under the Integrated Planning Act.
Section 12K(3)(a) requires a person lodging an appeal under section
12K(2) must do so within 20 business days after receiving the notice from
the local government.
Section 12K(3)(b) allows a person who has not received a decision from
a local government within 20 business days from lodging an application
under sections 12I and 12J to start an appeal within 20 business days of
when a decision should have been made.
New section 12L (Stay of operation of local government decision)
Section 12L stays the operation of a local government decision made
under sections 12I or 12J when a person lodges an appeal under section
12K. The stay is effective until the tribunal decides otherwise or the appeal
is withdrawn or the appeal is dismissed.
New section 12M (Local government decisions)
Section 12M applies if a local government makes a decision after 20
business days about whether to grant an owner of a budget accommodation
building a longer period to comply with the fire safety standard under
section 12I(4) or for deciding whether a budget accommodation building
complies with the fire safety standard or issues a notice to the owner about
the decision under section 12J(2).
Section 12M(2) states if a local government makes a decision under
sections 12I(4) or 12J(2) after 20 business days from receiving an
application it does not make the decision or render the notice invalid.
Division 4--All budget accommodation buildings
New section 12N (Application of div 4)
Section 12N applies Division 3 to all budget accommodation buildings
regardless of when they were, or are, built.
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Building and Other Legislation Amendment Bill 2001
New section 12O (Obligation to have, and implement, a fire safety
management plan)
Section 12O applies if the owner of a budget accommodation building
prepares a fire safety management plan for a development application for
the building and a development approval is given for the application.
Section 12O(2) requires an owner of a budget accommodation to keep
the fire safety management plan current and any changes in circumstances
affecting the plan must be recorded in the plan no later than one month
after the change has occurred.
Section 12O(3) states the change in circumstances referred to in section
12O(2), includes changes as to how the building complies with the fire
safety standard.
Section 12O(4) requires an owner of a budget accommodation to
implement the fire safety management plan.
An owner of a budget accommodation building who does not comply
with the requirements of sections 12O(2) & (4) is liable to fine of up to 100
penalty units.
New section 12P (Accessing fire safety management plans)
Section 12P requires the owner of a budget accommodation building to
ensure a copy of the plan is kept in the building and is available for
inspection, at no charge, by the building occupants or other members of the
public whenever the building is open for business. This will allow
intending guests in a budget accommodation building to satisfy themselves
the building has fire safety systems and procedures (including no
overcrowding) in place.
An owner of a budget accommodation building who does not comply
with the requirements of section 12P is liable to fine of up to 20 penalty
units.
New section 12Q (Development approval for building work for budget
accommodation buildings)
Section 12Q applies to a development application for a budget
accommodation building made after the commencement of this section and
the application involves building work.
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Building and Other Legislation Amendment Bill 2001
Section 12Q(2) makes a fire safety management plan a compulsory
requirement for a development application as well as the requirements in
section 3.2.1(3)(a) of the Integrated Planning Act.
The fire safety standard will set minimum standards of an early warning
system, such as a smoke alarm and emergency lighting. The installation of
these minimum standards will be self-assessable development and will not
require a development approval under the Integrated Planning Act.
However, where higher risk budget accommodation buildings require
additional fire safety improvements, other than an early warning system
such as a smoke alarm and emergency lighting, this will require a
development application which must be accompanied by a fire safety
management plan to be assessed by local governments.
The purpose of requiring the fire safety management plan to be assessed
by local governments is to ensure adequate procedures are put in place to
enable occupants to safely evacuate in the event of a fire. Owners are
currently required to prepare fire evacuation plans and test fire safety
installations under the Building Fire Safety Regulation 1991. However,
these plans do not recognise some of the other design assumptions that are
considered in approving a building. For example, a building with 24 hour
staffing may not require the same level of physical standards as a building
with no on-site staff.
Section 12Q(3) prohibits a private certifier approving building works
under section 12H for budget accommodation buildings to comply with the
fire safety standard.
Section 12Q(4)(b)(i) makes it mandatory for an assessment manager
under the Integrated Planning Act (the local government) to refuse a
development application for building works under section 12H for budget
accommodation buildings which do not comply with the fire safety
standard. The application is to be refused if the assessment manager is
satisfied the building work does not comply with the fire safety standard as
the applicable code to be nominated under the Standard Building
Regulation 1993 and compliance with the code cannot be achieved by
imposing reasonable conditions. Section 3.5.13(4) of the Integrated
Planning Act 1997 does not apply to these applications.
Section 12Q(4)(b)(ii) compels the assessment manager to refuse a
development application for building works where the fire safety
management plan, which must accompany the development application,
does not comply with the requirements of section 104FE of the Fire and
Rescue Service Act or the fire safety standard. The application must also
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Building and Other Legislation Amendment Bill 2001
be refused where compliance with section 104FC or the fire safety standard
cannot be achieved by imposing reasonable conditions.
New section 12R (Annual inspection of buildings for which
development approval is given)
Section 12R applies to a budget accommodation building if a
development approval is given for building work after the commencement
of this section and involves an alternative solution for achieving
compliance with the fire safety standard by utilising fire safety
management procedures.
An example is a building which accommodates persons who have an
intellectual or physical disability and require full time or part time care,
would not be able to provide for safe evacuation of the residents using
alarms and emergency lighting because the residents may not respond to
the alarms or understand the evacuation procedures. Where staff are
available on-site 24 hours a day, and can be available to assist these people
to evacuate in the event of a fire, it may not be necessary to install an
expensive sprinkler system.
Section 12R(2)(a) requires the local government, where it has granted a
development approval for building works on a budget accommodation
building, to annually inspect the building to ensure compliance with the fire
safety management plan.
Section 12R(2)(b) requires the local government to also inspect any
records kept by the building owner to demonstrate compliance with the fire
safety management plan.
Division 5--Miscellaneous
New Section 12S (Obligations of entities about guidelines for fire safety
standard and fire safety management plans)
Section 12S(1)(a)&(b) requires an entity such as a local government to
have regard to the fire safety standard guidelines made under section 12D
of the Building Act and fire safety management plan guidelines made under
section 104FD of the Fire and Rescue Service Act when performing a
function or power conferred on the entity.
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Building and Other Legislation Amendment Bill 2001
Section 12S(2) requires an owner of a budget accommodation building
to have regard to these guidelines when ensuring compliance with the fire
safety standard.
Section 12S(3)(a)&(b) requires an owner of a budget accommodation
building when preparing a fire safety management plan to have regard to
the fire safety standard and the fire safety management plan guidelines.
12S(4) provides a list of definitions for section 12S.
Amendment of s 17 (Advice as to compliance)
Clause 5 amends section 17 to clarify an anomaly in section 17
concerning advice given by local government about swimming pool
fencing. Similar to section 12J(6), new section 17(3) does not limit the
power of a local government to issue enforcement notices under section 22
or requiring an owner to undertake specific action under section 23.
Amendment of s 52 (Regulation making power)
Clause 6 amends section 52(2) to insert a power to make a regulation
regarding records required for the purposes of the Act. This will includes
records of compliance with the fire safety management plan for a budget
accommodation building.
PART 3--AMENDMENT OF FIRE AND RESCUE
SERVICE ACT 1990
Act amended in pt 3
Clause 7 declares Part 3 amends the Fire and Rescue Service Act 1990.
Amendment of s 6(Definitions)
Clause 8 inserts definitions for "budget accommodation," "fire safety
management plan," and "fire safety standard."
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Building and Other Legislation Amendment Bill 2001
Amendment of s 55 (Powers of authorised officer for preventative or
investigative purposes)
Clause 9(1) amends section 55(1)(b) to allow an authorised fire officer
to enter any premises to investigate whether the implementation of a fire
safety management plan as required under Part 9A of the Act has occurred.
Clause 9(2) inserts a new subsection 55(2A) which allows authorised
officers power of entry into budget accommodation buildings to investigate
whether the owner of the building is implementing a fire safety
management plan. This new section widens the powers of entry for
authorised officers. Currently under section 55(2)(a) officers do not have
powers of entry into a building used as a dwelling or where part of a
building is used as a dwelling. It may be considered a breach of privacy of
residents in a budget accommodation building to allow officers power of
entry into these buildings. However, inspections are necessary to
determine if building owners are complying with the fire safety
management plan to ensure resident's lives are not at risk.
Amendment of pt 9A (Building fire safety)
Clause 10 deletes the heading in Part 9A, division 2 and replaces it with
`Division 2-Obligations of persons for fire safety' and `Subdivision 1-
Means of escape and prescribed fire safety installations'.
Clause 11 inserts a new heading `Subdivision 2-Fire and evacuation
plan' before section 104E.
Subdivision 3--Fire safety management plan
Clause 12 inserts a new `Subdivision 3-Fire safety management plan'
after section 104F.
New section 104FA (Obligation to prepare fire safety management
plan)
Section 104FA(1) applies section 104FA to the owners of a budget
accommodation building which was built or for which an application to
construct the building was made prior to the commencement of this
section.
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Building and Other Legislation Amendment Bill 2001
Section 104FA(2) requires the owner of a budget accommodation
building nominated in section 104FA(1) to prepare a fire safety
management plan within 1 year of the commencement of this section.
New section 104FB (Other obligations about fire safety management
plan)
Section 104FB(1) requires an owner of a budget accommodation to keep
the fire safety management plan current and any changes in circumstances
affecting the plan must be recorded in the plan no later than one month
after the change has occurred.
Section 104FB(2) states the change in circumstances referred to in
section 104FB(1), includes changes as to how the building complies with
the fire safety standard.
Section 104FB(3) requires an owner of a budget accommodation to
implement the fire safety management plan.
An owner of a budget accommodation building who does not comply
with the requirements of section 104FB(1) & (3) is liable to fine of up to
100 penalty units.
New section 104FC (Meaning of "fire safety management plan")
Section 104FC(1)(a)(b)(c)(d)&(e) describes the contents of fire safety
management plans. The purpose of the fire safety management plan is to
ensure adequate procedures are put in place to enable occupants to safely
evacuate in the event of a fire. Owners are currently required to prepare fire
evacuation plans and test fire safety installations under the Building Fire
Safety Regulation 1991. However, these plans do not recognise the
alternate procedures put in place to support a reduced level of fire safety
equipment. for example, a building with sufficient 24 hour staffing may not
require a full sprinkler system.
Section 104FC(2) requires the matters mentioned in subsections
104FC(1)(a) to (d) to comply with the requirements of the fire safety
standard.
Section 104FC(3) requires a copy of the building plans in a reasonable
scale identifying the location of the building's fire safety installations to be
attached to the fire safety plan.
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Building and Other Legislation Amendment Bill 2001
New section 104FD (Guidelines for preparing fire safety management
plan)
Section 104FD(1) allows the chief executive of the Department of
Emergency Services to issue guidelines for preparing fire safety
management plans.
Section 104FD(2) requires the chief executive to consult with any
appropriate entity before issuing guidelines for preparing fire safety
management plans.
New section 104FE (Public notice of guidelines)
Section 104FE(1) requires the chief executive, after issuing a guideline
under section 104FD, to give notice of the guideline.
Section 104FE(2) requires the notice referred to in section 104FE(1) to
be published in an appropriate newspaper and state where the guideline
may be inspected or bought.
New section 104FF (Access to guidelines)
Section 104FF(1)(a) requires the chief executive to keep a copy of any
guidelines and any document applied, adopted or incorporated by the
guidelines prepared under section 104FD(1) available for inspection
without charge and during normal business hours at the head office of the
Department of Emergency Services.
Section 104FF(1)(b) requires the chief executive to also keep a copy of
any guidelines prepared under section 104FD(1) available for inspection on
the department's web site on the internet.
Section 104FF(2) allows a person to obtain a copy of any guidelines
prepared under section 104FD(1). The chief executive may require a
person to pay a fee before obtaining a copy of any guidelines.
Section 104FF(3) states any fee referred to in section 104FF(2) must not
exceed the chief executive's reasonable cost of producing the copy of the
guideline.
New section 104FG (Accessing fire safety management plan)
Section 104FG requires the owner of a budget accommodation building
to ensure a copy of the plan is kept in the building and is available for
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Building and Other Legislation Amendment Bill 2001
inspection, at no charge, by the building occupants or other members of the
public whenever the building is open for business. An owner of a budget
accommodation building who fails to comply with section 104FG is liable
to a maximum penalty of 20 penalty units.
Subdivision 4--Obligations of entities about guidelines for fire safety
standard and fire safety management plans
New section 104FH (Obligations about guidelines for fire safety
standard and fire safety management plans)
Section 104FH(1) requires an entity such as a local government, or the
Queensland Fire and Rescue Service, to have regard to the fire safety
standard guideline made under section 12D of the Building Act and fire
safety management plan guideline made under section 104FD of the Fire
and Rescue Service Act when performing a function or power conferred on
the entity.
Section 104FH(2) requires an owner of a budget accommodation
building to have regard to these guidelines when ensuring compliance with
the fire safety standard or preparing a fire safety management plan.
Subdivision 5--Chief commissioner's notice about occupier's and
owner's obligation
Amendment of s 104G (Notice by chief commissioner about occupier's
obligations)
Clause 13(1) amends the heading of section 104G by inserting `or
owner's' after `occupier's'.
Clause 13(2) amends section 104G(1) by inserting `or owner" after
`occupier".
Clauses 13(1)&(2) allow the chief commissioner to serve a notice on the
owner of a budget accommodation building to rectify matters relating to
fire safety management plans.
20
Building and Other Legislation Amendment Bill 2001
PART 4--AMENDMENT OF LOCAL GOVERNMENT
ACT 1993
Act amended in pt 4
Clause 14 declares Part 4 amends the Local Government Act 1993.
Amendment of s 1082 (Definitions)
Clause 15 inserts the definition for "budget accommodation building"
into section 1082.
Amendment of s 1098 (Approval of inspection program)
Clause 16 amends section 1098(1), example 1, by inserting `or a budget
accommodation building' after `fencing'.
Amendment of section 1096 (Monitoring authorisations and notices
and processing applications)
Clause 17 amends section 1096(1) by inserting new subsection (d)
allowing local government officers to inspect records required to be kept
by budget accommodation building owners under Part 2A of the Building
Act.
Amendment of s1101 (Power of entry under approved inspection
program)
Clause 18 amends section 1101 to give local government officers
powers of entry into budget accommodation buildings to monitor
compliance with the requirements of the Building Act. Currently under
section 1101(2) officers do not have powers of entry into a building used as
a dwelling or where part of a building is used as a dwelling. It may be
considered a breach of privacy for residents in a budget accommodation
building to allow officers power of entry into these buildings. However,
inspections are necessary to determine if building owners are complying
with the fire safety management plan to ensure resident's lives are not at
risk.
© State of Queensland 2001