BUILDING ACT 1975 - SCHEDULE 2

BUILDING ACT 1975 - SCHEDULE 2

SCHEDULE 2 – Dictionary

"2010 Act commencement day" means the day the Building and Other Legislation Amendment Act (No. 2) 2010 , part 4 , commences.


"accepted building work" see section 21 (3) .


"accepted development" see the Planning Act , section 44 (4) .


"accommodation agreement" see section 231A .


"accreditation standards body" see section 184 (1) .


"accrediting auditor" ...


"accrediting body" ...


"accumulate" , for chapter 6 , part 5 , see section 214A .


"adjoining land" see section 245XA .


"adjoining owner" , for chapter 8 , part 2A , see section 245XA .


"advice agency" ...


"AIBS" ...


"allotment" means a separate, distinct parcel of land on which a building is to be built, or is built.


"alterations" , to an existing building or structure, includes additions to the building or structure.


"alternative solution" ...


"amending Act" , for chapter 11 , part 10 , see section 290 .


"another relevant Act" means any of the following—

(a) the Planning Act ;

(b) Queensland Building and Construction Commission Act 1991 ;

(c) Building and Construction Industry (Portable Long Service Leave) Act 1991 ;

(d) a law of another State or New Zealand that provides for the same matter as this Act or a provision of this Act.

(a) a building certifying function—means licensed under chapter 6 , part 3 , division 1 at a level that allows the licensee to carry out that function; or

(b) a private certifying function—means licensed as mentioned in paragraph (a) and endorsed under chapter 6 , part 3 , division 3 , in a way that allows the licensee to carry out that function.

(a) the decision notice or negotiated decision notice for the application;

(b) a copy of the plans, drawings and specifications and other documents and information lodged by the applicant, stamped approved or otherwise endorsed by the assessment manager;

(c) a list of required fire safety installations and required special fire services applying to the building work;

(d) certificates relied on to decide the application;

(e) a list, in the approved form, of any of the following information relied on to decide the application—

(i) the physical characteristics and location of infrastructure related to the application;

(ii) local government easements, encumbrances or estates or interests in land likely to be relevant to the application;

(iii) site characteristic information likely to affect the assessment of the application;

Examples—

• design levels of proposed road or footway works

• design or location of stormwater connections

• design or location of vehicle crossings

• details of any heritage listed buildings

• discharge of swimming pool backwash water

• flood level information

• limitations on driveway gradients

• limitations on the capacity of sewerage, stormwater and water supply services

• location of any erosion control districts

• location of contaminated land

• location of landslip areas

• location of mine subsidence areas

(f) if the application relates to building work that uses a performance solution and the assessment manager approved the application on the basis of the performance solution—the statement required under section 68A .

(a) a fire service officer under the Fire and Emergency Services Act 1990 ; or

(b) an authorised person under the City of Brisbane Act 2010 or the Local Government Act 2009 carrying out functions relating to this Act.

(a) starting or continuing to build; and

(b) doing, or starting or continuing to do, work in the course of or for building; and

(c) performing structural work or altering or adding to a building; and

(d) moving a building from 1 position to a different position (whether on the same allotment, another allotment or partly on the same and partly on another allotment).

1 A
"building" is a fixed structure that is wholly or partly enclosed by walls or is roofed.

2 The term includes a floating building and any part of a building.

(a) a certificate about its BCA classification in force under section 106 ; or

(b) an interim certificate of occupancy in force under section 104 .

(a) for chapter 6 —a complaint made under chapter 6 , part 4 about a building certifier or former building certifier; or

(b) for chapter 8 —a complaint made under chapter 8 , part 7 about a pool safety inspector or former pool safety inspector.

Examples—

1 A person constructs a regulated pool if the person installs the pool above ground level on land or in a building.

2 A person constructs a regulated pool if the pool is portable and the person places it, ready to be filled with water, on land or in a building.

1
"Convicted" , of a relevant offence, is a conviction, other than a spent conviction, for an offence—

(a) under this Act or another relevant Act; or

(b) involving fraud or dishonesty; or

(c) against a law of another State if the act or omission that constitutes the offence would, if it happens in Queensland, be an offence under this Act or another relevant Act; or

(d) committed anywhere in Australia before this section commenced that, apart from the non-commencement of this section, would have been an offence mentioned in paragraph (a) or (b) .

2 For paragraph 1, a conviction includes a finding of guilt, or the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded.

(a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and

(b) that is not revived as prescribed by section 11 of that Act.

(a) 40 business days after the application is made; or

(b) if the QBCC commissioner asks for further information or documents to decide the application, the sum of the following days after the application is made—

(i) 40 business days;

(ii) the number of business days from the day the commissioner asks for the further information or documents to the day the commissioner receives the further information or documents.

1 A
"fire safety installation" , for a building or structure, means any of the following items for the building or structure—

(a) structural features—

• access panels through fire-rated construction

• fire control centres

• fire curtains

• fire dampers

• fire shutters and fire doors

• fire windows

• penetrations through fire-rated construction

• structural fire protection

• systems required to have a fire-resistance level

(b) fire protection systems—

• air-handling systems

• fire detection and alarm systems

• smoke and heat venting systems

• smoke exhaust systems

• special automatic fire suppression systems (including foam, deluge and gas flooding systems)

• sprinklers (including wall-wetting sprinklers)

• stairwell pressurisation systems

(c) firefighting equipment—

• fire extinguishers (portable)

• fire hose reels

• fire hydrants (including hydrant boosters)

• fire mains

(d) occupant safety features—

• emergency lifts

• emergency lighting

• emergency power supply

• emergency warning and intercommunication systems

• exit door hardware

• exit signs

• fire doors

• smoke proof doors

• solid core doors

(e) other features—

• services provided under conditions imposed under section 79

• services required under BCA, clause E1.10

• vehicular access for large isolated buildings.

2 However, the term does not include interconnected alarms in budget accommodation buildings to which chapter 7 , part 3 applies.

3 Also, if a performance solution to a performance requirement under the BCA relating to the fire safety system has been used for a building or structure, a
"fire safety installation" , for the building or structure, includes any thing required to comply with the performance solution.

(a) was a building certifier when a building certifying function, the subject of a complaint, was performed; but

(b) is not licensed when—

(i) the complaint, or the decision taken about the complaint under section 204 (1) , is made; or

(ii) the tribunal makes an order under section 212 .

(a) was a pool safety inspector when a pool safety inspection function, the subject of a complaint, was performed; but

(b) is not licensed as a pool safety inspector when—

(i) the complaint, or the decision taken about the complaint under section 246CY (1) , is made; or

(ii) the tribunal makes an order under section 246DD .

(a) conduct that shows incompetence, or a lack of adequate knowledge, skill, judgment, integrity, diligence or care in performing pool safety inspection functions;

(b) conduct that compromises the health or safety of a person;

(c) conduct that is contrary to a function under this Act, including, for example—

(i) disregarding relevant and appropriate matters; and

(ii) acting outside the scope of the pool safety inspector’s powers; and

(iii) acting beyond the scope of the pool safety inspector’s competence; and

(iv) contravening the code of conduct for pool safety inspectors;

(d) seeking, accepting or agreeing to accept a benefit, whether for the benefit of the pool safety inspector or another person, as a reward or inducement to act in contravention of this Act;

(e) failing to comply with an order of the QBCC commissioner or the tribunal;

(ea) failing to comply with a written notice given to the pool safety inspector under the Queensland Building and Construction Commission Act 1991 , section 50C (2) ;

(eb) obstructing an investigator under the Queensland Building and Construction Commission Act 1991 , section 107A ;

(f) accumulating the number of demerit points prescribed under a regulation for this provision in the period prescribed under a regulation;

(g) fraudulent or dishonest behaviour in performing pool safety inspection functions;

(h) other improper or unethical conduct;

(i) conduct that is of a lesser standard than the standard that might reasonably be expected of the pool safety inspector by the public or the pool safety inspector’s professional peers.

(a) a swimming pool completely enclosed by the walls of a building; or

(b) a swimming pool on a deck or roof top of a building if the pool is, under the usual ways of entering or leaving the building, only accessible from the inside of the building.

(a) if the decision may be appealed under the Planning Act —a notice stating—

(i) the decision, and the reasons for it; and

(ii) all rights of appeal against the decision under the Planning Act; and

(iii) how the rights are to be exercised; or

(b) if the decision is a decision of the QBCC commissioner under section 157 , 169 , 177 , 204 , 245O , 245Q , 246BJ , 246BP , 246BT , 246BZ or 246CY , or a decision of the QBCC relating to accumulation of demerit points under section 214K , a notice stating the following—

(i) the decision;

(ii) the reasons for it;

(iii) that the person to whom the notice is given may, within 28 days after the person is given the notice—

(A) apply to QBCC for internal review of the decision under the QBCC Act , part 7 , division 3 ; or

(B) apply to the tribunal for external review of the decision under the QBCC Act , part 7 , division 3 ;

(iv) how to apply for review of the decision.

(a) a compliance certificate;

(b) a notice, given to the builder for the work by or for the building certifier about an inspection of the work;

(c) a certificate about an inspection under this Act;

(d) a final inspection certificate;

(e) a certificate of occupancy;

(f) a certificate relating to the inspection of the building work relied on by the relevant building certifier.

(a) generally—a licence as a building certifier, issued under chapter 6 , part 3 ; or

(b) for chapter 8 —a licence as a pool safety inspector, issued under chapter 8 , part 6 .

(a) a building—means a building certifier appointed or employed by the local government for the building; or

(b) a building development application or development approval—means a building certifier appointed or employed by the local government for the application or approval; or

(c) for a provision about an RCB to which chapter 7A applies—means a building certifier appointed or employed by the relevant local government.

(a) the person’s spouse;

(b) the parents of the person or the person’s spouse;

(c) the grandparents of the person or the person’s spouse;

(d) a brother, sister, nephew, niece or first cousin of the person or the person’s spouse;

(e) a child, stepchild or grandchild of the person;

(f) the spouse of anyone mentioned in paragraph (b) , (c) , (d) or (e) .

(a) if the building or structure is subject to the Integrated Resort Development Act 1987 or the Sanctuary Cove Resort Act 1985 —

(i) for a single lot in the building or structure—the registered proprietor; or

(ii) for 2 or more lots in the building or structure—the primary thoroughfare body corporate; or

(b) if the building or structure is subject to the Mixed Use Development Act 1993 —

(i) for a single lot in the building or structure—the registered proprietor; or

(ii) for 2 or more lots in the building or structure—the community body corporate; or

(c) subject to paragraphs (a) and (b) , if the building or structure is subject to the Building Units and Group Titles Act 1980 —

(i) for a single lot in the building or structure—the registered proprietor; or

(ii) for 2 or more lots in the building or structure—the body corporate; or

(d) if the building or structure is, under the Body Corporate and Community Management Act 1997 , on scheme land for a single community titles scheme—

(i) for a single lot in the building or structure—the registered proprietor; or

(ii) for 2 or more lots in the building or structure—the body corporate for the scheme; or

(e) if the building or structure is, under the Body Corporate and Community Management Act 1997 , on scheme land for 2 or more community titles schemes—

(i) for a single lot in the building or structure—the registered proprietor; or

(ii) for 2 or more lots in the building or structure—the body corporate for the community titles scheme that is a principal scheme; or

(f) if the building or structure is part of a time-sharing scheme and the name and address of a person has been notified under the City of Brisbane Act 2010 or the Local Government Act 2009 as the person who will accept service for the owners—the person; or

(g) if the building or structure is on land being bought from the State for an estate in fee simple under the Land Act 1994 —the buyer; or

(h) if the building or structure is on land granted in trust or reserved and set apart and placed under the control of trustees under the Land Act 1994 —the trustees of the land; or

(i) if paragraphs (a) to (h) do not apply—the person for the time being entitled to receive the rent for the building or structure or would be entitled to receive the rent for the building or structure if the building or structure were let to a tenant at a rent.

(a) for a regulated pool on land or in a building or structure that is subject to the Integrated Resort Development Act 1987 or the Sanctuary Cove Resort Act 1985 —

(i) if the pool is situated on a single lot—the registered proprietor of the lot; or

(ii) if the pool is situated on common property under the Act —the primary thoroughfare body corporate for the common property; or

(b) for a regulated pool on land or in a building or structure that is subject to the Mixed Use Development Act 1993 —

(i) if the pool is situated on a single lot—the registered proprietor of the lot; or

(ii) if the pool is situated on a community property lot under the Act —the community body corporate for the lot; or

(c) subject to paragraphs (a) and (b) , for a regulated pool on land or in a building or structure that is subject to the Building Units and Group Titles Act 1980 —

(i) if the pool is situated on a single lot—the registered proprietor of the lot; or

(ii) if the pool is situated on common property under the Act —the body corporate for the common property; or

(d) for a regulated pool on land or in a building or structure that is, under the Body Corporate and Community Management Act 1997 , on scheme land for a single community titles scheme—

(i) if the pool is situated on a single lot—the registered proprietor of the lot; or

(ii) if the pool is situated on common property under the Act for the community titles scheme—the body corporate for the scheme; or

(e) for a regulated pool on land or in a building or structure that is, under the Body Corporate and Community Management Act 1997 , on scheme land for 2 or more community titles schemes—

(i) if the pool is situated on a single lot—the registered proprietor of the lot; or

(ii) if the pool is situated on common property under the Act for a community titles scheme—the body corporate for the community titles scheme that is a principal scheme; or

(f) for a regulated pool on land, or in a building or structure on land, granted in trust or reserved and set apart and placed under the control of trustees under the Land Act 1994 —the trustees of the land; or

(g) for a regulated pool situated on a moveable dwelling or the site in a moveable dwelling park where the dwelling is situated—

(i) generally—the owner of the moveable dwelling; or

(ii) if the occupier of the moveable dwelling is the owner of the pool but not the owner of the dwelling—the occupier; or

(h) for a regulated pool on a moveable dwelling park, other than on moveable dwelling premises in the park—the owner of the park; or

(i) for a regulated pool on a manufactured home in a residential park, or on the site in the park where the home is situated—

(i) generally—the owner of the manufactured home; or

(ii) if the occupier of the manufactured home is the owner of the pool but not the owner of the home—the occupier; or

(j) for a regulated pool on the common areas of a residential park—the owner of the residential park; or

(k) if paragraphs (a) to (j) do not apply—

(i) generally—the owner of the land, building or structure on which the pool is situated; or

(ii) if the occupier of the land, building or structure, or that part of any land, building or structure, on which the pool is situated is the owner of the pool but not the owner of the land, building or structure—the occupier.

(a) development in a priority development area; or

(b) PDA-associated development for a priority development area under the Economic Development Act 2012 .

(a) the performance requirements under the BCA;

(b) the performance criteria under the QDC;

(c) a requirement for the assessment of building work for which a discretion may need to be exercised under this Act.

(a) if the relevant performance requirements are under the BCA—a building solution under the BCA that complies with the deemed-to-satisfy provisions under the BCA for the performance requirements;

(b) if the relevant performance requirements are under the QDC—an acceptable solution under the QDC for the performance requirements.

(a) is capable of being filled with water to a depth of no more than 300mm; and

(b) has a volume of no more than 2,000L; and

(c) has no filtration system.

(a) conduct that—

(i) shows incompetence, or a lack of adequate knowledge, skill, judgment, integrity, diligence or care in performing building certifying functions; and

(ii) compromises the health or safety of a person or the amenity of a person’s property or significantly conflicts with a local planning scheme; and

Example of significantly conflicts with a local planning scheme—

The approved building work compromises the outcomes sought by the planning scheme.

(iii) is contrary to a function under this Act or another Act regulating building certifiers (including private certifiers for building work), including, for example—

(A) disregarding relevant and appropriate matters; and

(B) acting outside the scope of the building certifier’s powers; and

(C) acting beyond the scope of the building certifier’s competence; and

(D) contravening the code of conduct; and

(E) falsely claiming the building certifier has the qualifications, necessary experience or licence to be engaged as a building certifier;

(b) seeking, accepting or agreeing to accept a benefit, whether for the benefit of the building certifier or another person, as a reward or inducement to act in contravention of—

(i) this Act; or

(ii) another Act regulating building certifiers, including private certifiers for building work;

(c) failing to comply with an order of the QBCC or the tribunal;

(d) fraudulent or dishonest behaviour in performing building certifying functions;

(e) other improper or unethical conduct;

(f) repeated unsatisfactory conduct.

(a) if the application is a change application—

(i) is an application that the responsible entity for the application must accept under the Planning Act, section 79 (2) (a) ; or

(ii) may be accepted by the responsible entity for the application under the Planning Act, section 79 (2) (c) or (d) ; and

Editor’s note—

Subparagraph (ii) refers to a provision proposed to be inserted by an amendment in consideration in detail of the Planning Bill 2015.

(b) if the application is a development application—is a properly made application under the Planning Act; and

(c) complies with any requirements under chapter 3 applying to the application.

(a) a department or part of a department; or

(b) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act for a public or State purpose.

(a) adjacent to the land; and

(b) in the same ownership as the land; and

(c) used in association with the land.

(a) for chapter 8 , part 2 , division 3 —see section 242 (3) ; and

(b) for chapter 8 , part 2 , division 4 —see section 245E (3) .

(a) chapter 6 , part 3 —see section 175 (1) ; or

(b) chapter 6 , part 4 —see section 206 (1) ; or

(c) chapter 8 , part 6 , division 4 , subdivision 2 —see section 246BX (1) ; or

(e) chapter 9 —see section 247 (1) .

(a) chapter 6 , part 3 —see section 175 (2) (f) ; or

(b) chapter 6 , part 4 —see section 206 (2) (c) ; or

(c) chapter 8 , part 6 , division 4 , subdivision 2 —see section 246BX (2) (f) .

(a) building work of a type mentioned in section 5 (1) (b) or (c) ;

(b) drainage for the building work, other than drainage that is plumbing work or drainage work under the Plumbing and Drainage Act 2018 .

(a) fire mains (other than fire mains that connect only fire hose reels);

(b) fire hydrants;

(c) sprinklers (including wall-wetting sprinklers);

(d) special automatic fire suppression systems (including foam, deluge and gas flooding systems);

(e) fire detection and alarm systems (other than stand-alone smoke alarms not required to be interconnected or connected to a fire indicator panel);

(f) fire control centres;

(g) stairwell pressurisation systems;

(h) air-handling systems used for smoke control;

(i) smoke and heat venting systems;

(j) smoke exhaust systems;

(k) emergency warning and intercommunication systems;

(l) emergency lifts;

(m) vehicular access for large isolated buildings;

(n) services provided under conditions imposed under section 79 ;

(o) services required under the BCA, clause E1.10.

(a) capable of being filled with water to a depth of 300mm or more; and

(b) capable of being used for swimming, bathing, wading, paddling or some other human aquatic activity; and

(c) solely or principally used, or designed, manufactured or adapted to be solely or principally used, for the purposes mentioned in paragraph (b) despite its current use;

(d) a fish pond or pool solely or principally used, or designed, manufactured or adapted to be solely or principally used, for ornamental purposes; or

(e) a dam or tank solely or principally used, or designed, manufactured or adapted to be solely or principally used, for aquaculture, marine research or storage of water; or

(f) a watercourse; or

(g) a portable wading pool; or

(h) a spa bath situated in a bathroom, other than a spa bath continually filled with water to a depth of more than 300mm; or

(i) a birthing pool used solely for waterbirths.

(a) conduct that shows incompetence, or a lack of adequate knowledge, skill, judgment, integrity, diligence or care in performing building or private certifying functions;

(b) conduct that is contrary to a function under this Act or another Act regulating building certifiers (including private certifiers for building work), including, for example—

(i) disregarding relevant and appropriate matters; and

(ii) acting outside the scope of the building certifier’s powers; and

(iii) acting beyond the scope of the building certifier’s competence; and

(iv) contravening the code of conduct;

(c) conduct that is of a lesser standard than the standard that might reasonably be expected of the building certifier by the public or the building certifier’s professional peers.

(a) a canal, creek, river or stream in which water flows permanently or intermittently; or

(b) an ocean, a lake or other collection of water (whether permanent or intermittent).