| Background |
Schedule 13 of the Standard Building RegulationSchedule 13 of the Standard Building Regulation 1993 details the parts of the Queensland Development Code that have legislative effect. All other parts of the Queensland Development Code are advisory standards only. Relationship with the Building Code of AustraliaThe Building Code of Australia also provides a nationally uniform set of technical building standards. However, it currently contains numerous additional provisions specific to Queensland. As the number of these provisions is increasing, it is not practical to include them in the national code. For example, new mandatory standards for Queensland, such as 'Fire Safety in Budget Accommodation', are included in the Queensland Development Code rather than the Building Code of Australia. Some of the existing Queensland variations to the Building Code of Australia have also been inserted into the Queensland Development Code. These standards will remain in both documents until May 2004 when the Building Code of Australia will be amended and the Queensland-specific provisions addressing workplaces and detention centres will be removed. The application of these standards is mandatory and is enforceable by building certifiers. If there is an inconsistency between the Building Code of Australia and the Queensland Development Code, the Queensland Development Code prevails. Siting StandardsParts 11 and 12 of the Queensland Development Code contain the siting standards previously incorporated in the Standard Building Regulation. The Queensland Development Code standards are "default" standards that must be applied unless a local government's planning scheme contains "alternative standards". If alternative standards are contained in a planning scheme, they must be applied instead of the Queensland Development Code requirements. Standards given effect by other legislationApart from the Building Act 1975, there are numerous other pieces of legislation that contain building related provisions. Over time, it is proposed that these provisions be consolidated into the Queensland Development Code. Currently, Schedule 13 lists the parts of the Queensland Development Code that have been introduced via other State Acts. These are Part 4 retail meat premises, Part 7 private health facilities, Part 20 residential services buildings and Part 22 child care centres. The acceptable solutions of these parts are to be administered by building certifiers. Advisory standardsIn addition to the mandatory standards, the Queensland Development Code contains model standards for use by local governments. Local governments may adopt these standards into their planning schemes. Model standards may be modified by local governments to suit local circumstances where considered necessary. Referral requirementsThe SBR and the IPA Regulation specify whether building certifiers can assess applications against the performance criteria, or whether alternative solutions can only be determined by the council or by the nominated "referral agency". For example, for the Private Health Facilities Standard, the chief health officer under the Health Act 1937 is nominated as the applicable referral agency. Associated requirementsCompliance with a standard may not be the only requirement. Other legislation such as State Acts, Building Code of Australia, IDAS codes, council planning schemes and local laws may impose additional requirements. Designers, builders and owners should satisfy themselves that they would achieve compliance with all legislative requirements. |
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| Last Updated ( Wednesday, 29 October 2008 ) |


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