Page 2145 - Week 07 - Thursday, 17 June 1993
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Mr Connolly - the answer to the Members question is as follows:
(1) The Building Act 1972 requires ACT Government agencies to comply with
the requirements of the Building Code of Australia. The Government may
seek to not comply with various sections or all of the Code provided an
exemption is granted through a disallowable Instrument. The gazettal was
required to formalise the Instrument and revoke an earlier Instrument owing
to drafting errors.
(2) The identification of items and the process of seeking exemption commenced
in the design stage however, because the project was being fast tracked in
construction the matter was not concluded until after construction started.
The exemptions were initially published as Determination No.166 of 1992 and
published in Special Gazette No. S 213 dated 24 November 1992 but because
of errors in the drafting of the original Schedule it was necessary to revoke
that Determination and publish a corrected Determination.
(3) 15 May 1993.
(4) The ACT Building Controller has not undertaken any formal inspections
because he is not required to do so. The issue of a Certificate of Occupancy
is not required for Australian Capital Territory owned buildings. However,
staff from the office of the ACT Building Controller inspected the building on
a number of occasions.
(5) The issue of a Certificate of Occupancy is not required for Australian Capital
Territory owned buildings.
(6) The need for exemption usually arises in the design stage of a project.
Building work must comply with the requirements of the building Act.
(7) Penalties do not apply to Government Agencies.
(8) A summary of the five exemptions and the specific Clauses of the Building Code of Australia (BCC) which are affected is as follows:
Item 1- To permit a reduction in the number of toilet facilities in the complex. Toilet provisions are determined under the BCC by applying an area per person to the overall area of a building according to its classification type. (eg Class 9b)
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