Building Work Contractors Regulations 2011 (SA)

South Australia Building Work Contractors Regulations 2011 under the Building Work Contractors Act 1995

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Definitions of building work etc (section 3 of Act) 5 Exemptions 6 Fees—waiver, reduction and refund Part 2—Licensed building work contractors 7 Entitlement to be licensed as building work contractor—qualifications (section 9 of Act) 8 Annual fee and return (section 11 of Act) 9 Notification of change in circumstances 10 Return etc of licence Part 3—Registered building work supervisors 10A Certain people registered under other Acts taken to be registered 11 Entitlement to be registered as building work supervisor—qualifications (section 16 of Act) 12 Annual fee and return (section 18 of Act) 13 Notification of changes in circumstances 14 Return etc of certificate of registration Part 4—Requirements relating to domestic building work contracts 14A Requirements for domestic building work contracts that contain a charging clause 15 Forms 16 Unliquidated amounts under contracts (section 29(5) of Act) 17 Authorised payments (section 30(1)(b) of Act) 18 Limitations on insurers' liability (section 35 of Act) Schedule 2—Performance criteria and kinds of work Part 1—Building work contractors licences performance criteria 1 Building work contractors licences performance criteria Part 2—Building work supervisors registration performance criteria 2 Building work supervisors registration performance criteria Part 3—Kinds of work 3 Kinds of work Schedule 3—Forms Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the Building Work Contractors Regulations 2011. 3—Interpretation (1) In these regulations— Act means the Building Work Contractors Act 1995. (2) For the purposes of these regulations, a reference to a qualification, course or subject conferred or offered by a particular institution includes a reference to a qualification, course or subject of a different name conferred or offered by that institution and certified by that institution to be an equivalent qualification, course or subject. 4—Definitions of building work etc (section 3 of Act) (1) For the purposes of paragraph (c) of the definition of building work in section 3(1) of the Act, the following is building work: (a) the on‑site construction, alteration, repair or improvement of a swimming pool or spa; (b) paving; (c) fencing (excluding post and wire fencing); (d) the installation, maintenance, repair and removal of insulation; (e) painting a building or part of a building; (f) the installation of air-conditioning in relation to a building; (g) the installation of solar panels in relation to a building; (h) plumbing, gas fitting and electrical work within the meaning and application of the Plumbers, Gas Fitters and Electricians Act 1995. (2) For the purposes of paragraph (c) of the definition of domestic building work in section 3(1) of the Act, the following is domestic building work: (a) the construction, alteration, repair or improvement of a swimming pool or spa within the external walls of a house, within the curtilage of a house or on the boundary of the curtilage of a house; (b) any other building work carried out within the curtilage of a house or on the boundary of the curtilage of a house; (c) the installation, maintenance, repair and removal of insulation; (d) painting a house or part of a house; (e) the installation of air-conditioning in relation to a house; (f) the installation of solar panels in relation to a house; (g) plumbing, gas fitting and electrical work within the meaning and application of the Plumbers, Gas Fitters and Electricians Act 1995 in relation to a house. (3) For the purposes of the definition of house in section 3(1) of the Act— (a) in relation to the period before 1 June 1996, house does not include a building not included within the meaning of that term under the repealed Builders Licensing Act 1986 or regulations made under that Act; (b) in relation to any period commencing on or after 1 June 1996, house does not include hotels, motels, youth hostels, residential camps, boarding or lodging houses, university halls of residence, boarding school dormitories, barracks, nurses homes or residential facilities for workers or for training purposes. (4) For the purposes of paragraph (a) of the definition of minor domestic building work in section 3(1) of the Act, the prescribed sum is— (a) in respect of a domestic building work contract made before 15 October 2001—$5 000; (b) in respect of a domestic building work contract made on or after 15 October 2001—$12 000. (5) For the purposes of paragraph (b) of the definition of minor domestic building work in section 3(1) of the Act, the prescribed sum is $12 000. 5—Exemptions (1) A person who is authorised by licence under the Plumbers, Gas Fitters and Electricians Act 1995 to carry on business as a gas fitting contractor or an electrical contractor is exempt from the requirement to be licensed under Part 2 of the Act as a building work contractor subject to the condition that any building work performed by the person is limited to work authorised by the person's licence under the Plumbers, Gas Fitters and Electricians Act 1995. (2) A person who is authorised by licence under the Plumbers, Gas Fitters and Electricians Act 1995 to carry on business as a plumbing contractor is exempt from the requirement to be licensed under Part 2 of the Act as a building work contractor subject to the condition that any building work performed by the person is limited— (a) to work authorised by the person's licence under the Plumbers, Gas Fitters and Electricians Act 1995; or (b) if the person's licence under the Plumbers, Gas Fitters and Electricians Act 1995 is not subject to conditions limiting the work that may be performed under the authority of the licence—to minor roof plumbing work. (3) A person who is authorised by licence under the Controlled Substances (Pesticides) Regulations 2003 to carry on business as a pest controller is exempt from the requirement to be licensed under Part 2 of the Act as a building work contractor subject to the condition that any building work performed by the person is limited to work authorised by the person's licence under the Controlled Substances (Pesticides) Regulations 2003. (4) A person who is authorised by a security agents licence or a restricted security agents licence to install or maintain security alarm or surveillance systems under the Security and Investigation Agents Act 1995 is exempt from the requirement to be licensed under Part 2 of the Act as a building work contractor subject to the condition that any building work performed by the person is limited to work authorised by the person's licence under the Security and Investigation Agents Act 1995. (5) The following are exempt from the requirement to be licensed under Part 2 of the Act as a building work contractor: (a) the Minister responsible for the administration of the South Australian Housing Trust Act 1995; (b) South Australian Housing Trust. (6) The South Australian Housing Trust and the Minister responsible for the administration of the South Australian Housing Trust Act 1995 are exempt from the application of Part 5 Division 3 of the Act. (7) Registered architects are exempt from the application of section 18 of the Act. (8) A building work contractor is exempt from the application of Part 5 Divisions 1, 3 and 4 of the Act in relation to a contract for the performance of domestic building work consisting solely of demolition work. (9) A building work contractor is exempt from the application of Part 5 Division 3 of the Act in relation to— (a) a contract for the construction of a multi‑storey residential building in respect of the performance of domestic building work for the construction of that building; (b) a contract for the performance of domestic building work if the work is performed by a building work contractor as a contractor for the South Australian Housing Trust. (10) A building work contractor is exempt from the application of sections 28, 29 and 30 and Part 5 Division 4 of the Act in relation to a contract for the performance of domestic building work if— (a) the work is performed by a building work contractor as a contractor for the South Australian Housing Trust or the Minister responsible for the administration of the South Australian Housing Trust Act 1995; or (b) the building owner is a body corporate that is a public company within the meaning of the Corporations Act 2001 of the Commonwealth or that is a subsidiary within the meaning of the Corporations Act 2001 of the Commonwealth of such a public company. (11) The Act does not apply to the installation, maintenance, repair or removal of a floating floor under a contract entered into on or after 1 April 2010. (12) The Act does not apply to the installation, maintenance, repair or removal of carpet or of vinyl floor covering in circumstances in which it is not used for water proofing. (13) In this regulation— floating floor means a floor covering comprised of boards designed to be laid over a floor without being fixed to the floor; minor roof plumbing work means building work connected with the installation, renovation, replacement, alteration, repair or maintenance of flashings, guttering, downpipes, roof flashings or roof coverings on a building, where the cost of the work is less than $3 000; multi‑storey residential building means a building that— (a) has a rise in storeys of more than 3; and (b) contains 2 or more separate dwellings; storey means a space within a building situated between 1 floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include— (a) a space that contains only— (i) a lift shaft, stairway or meter room; or (ii) a bathroom, shower room, laundry, water closet or other sanitary compartment; or (iii) accommodation intended only for vehicles; or (iv) a combination of any of the facilities referred to in 1 or more of the above subparagraphs; or (b) a mezzanine. (14) For the purposes of subregulation (13)— (a) the cost of roof plumbing work is to be determined as if— (i) the work were performed under a contract between the plumbing contractor and another person; and (ii) the contract included the supply by the plumbing contractor of all materials necessary for the work; and (b) if a plumbing contractor and a person make an arrangement under which roof plumbing work at a site is to be performed in stages by the contractor, the cost of the roof plumbing work will be the sum of the cost of the work performed at each stage. 6—Fees—waiver, reduction and refund The Commissioner may waive, reduce or refund a fee (or part of a fee) prescribed for the purposes of the Act if satisfied that it is appropriate to do so in a particular case.