Building Regulations 2016 (Tas)

Building Regulations 2016

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Building Act 2016 .

13 December 2016

C. WARNER

Governor

By Her Excellency's Command,

GUY BARNETT

Minister for Building and Construction

PART 1 - Preliminary

1. Short title These regulations may be cited as the Building Regulations 2016 .

2. Commencement These regulations take effect on the day on which the Building Act 2016 commences.

3. Interpretation (1) In these regulations – Act means the Building Act 2016 ; approved disposal system means a system approved under any Act for the disposal of sewage, stormwater or trade waste; assembly building means a Class 9b building; automatic control device means a device that uses a valve, including a ball float control valve, or a switch, to automatically control the flow of water; backflow prevention device means a device used to prevent the reverse flow of water from a potentially polluted source into a drinking water supply system; Chief Officer has the same meaning as in the Fire Service Act 1979 ; council has the same meaning as in the Local Government Act 1993 ; declared flood level means the defined flood level declared under regulation 40(2) ; educational institution means – (a) a school within the meaning of the Education Act 2016 ; or (b) (c) a campus of TasTAFE as continued by the TasTAFE (Skills and Training Business) Act 2021 ; electricity entity means a person licensed to carry on operations in the electricity supply industry under the Electricity Supply Industry Act 1995 ; fire hazard material means a material determined by the Director of Building Control to be a fire hazard for the purposes of these regulations; fire safety requirements means the matters set out in Schedule 1 ; fire safety system includes any one or more of the following: (a) booster assemblies; (b) fire mains, hydrants and hose reels; (c) sprinklers; (d) fire and smoke alarms; (e) fire control centres; (f) provisions for special fire hazard premises; (g) stairwell pressurisation; (h) air-handling systems; (i) smoke and heat vents; (j) smoke exhausts; (k) emergency lifts; (l) emergency warning and intercommunication systems; food premises includes a food business within the meaning of the Food Act 2003 ; gas entity has the same meaning as in the Gas Act 2000 ; greywater means the domestic wastes from baths, showers, basins, laundries and kitchens but does not include toilet or urinal wastes; heating appliance means a stove, or heater or similar appliance, which burns oil or solid fuel; high risk building product means one of the following products: (a) an aluminium composite panel, containing a polyethylene (PE) core, which is to be used as a building cladding on – (i) a class 2, 3 or 9 building of 2 or more storeys; or (ii) a class 5, 6, 7 or 8 building of 3 or more storeys; (b) a polystyrene product used in an external insulation and finish system on – (i) a class 2, 3 or 9 building of 2 or more storeys; or (ii) a class 5, 6, 7 or 8 building of 3 or more storeys; licence number, in relation to a licensed builder or licensed plumber, means – (a) in relation to an owner builder, the unique number of his or her owner builder permit under the Occupational Licensing Act 2005 ; or (b) in any other case, the number of the licence issued to the person under the Occupational Licensing Act 2005 that authorises the holder of the licence to perform the relevant work; pre-treatment equipment means equipment used to change the physical or chemical characteristics of trade waste; public authority includes – (a) the Crown, within the meaning of the Crown Proceedings Act 1993 ; and (b) a council; and (c) a single authority, controlling authority or joint authority established under Part 3 of the Local Government Act 1993 ; and (d) a statutory authority; and (e) a State-owned company; and (f) a Regional Corporation, or a Common Services Corporation, within the meaning of the Water and Sewerage Corporation Act 2012 ; and (g) a regulated entity; regulated entity has the same meaning as in the Water and Sewerage Industry Act 2008 ; sewage means water-borne waste of human origin consisting of faecal matter, greywater, urine or liquid household waste; special fire hazard premises includes – (a) a building in which one or more fire hazard material is used as a principal material for, or in connection with, the processing, making, assembling, alteration, adaptation, repair, renovation, preparation, ornamentation, finishing, cleansing or washing of a commodity, good, substance or article; and (b) an aircraft hangar, distillery, film and television studio and high-pile or high-stack storage building; State-owned company means a company incorporated under the Corporations Act that is controlled by – (a) the Crown, a Minister, a Government Business Enterprise or a statutory authority; or (b) another company that is so controlled; statutory authority means a body or authority, whether incorporated or not, that is established or constituted by or under an Act or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority; stormwater means – (a) rainwater which runs off the roof of a building or structure; or (b) surface water; or (c) subsoil water; subsoil water means natural groundwater, seepage or run-off from the ground that is water-bearing due to rainfall; surface water means run-off from downpipes, or paved or unpaved areas, due to rainfall; Tasmania Fire Service means the Tasmania Fire Service established under the Fire Service Act 1979 ; testable backflow prevention device means – (a) a backflow prevention device that is provided with test taps for the purpose of testing its operation; or (b) a device, system or tank that – (i) is installed for the purpose of backflow prevention; and (ii) has been registered by the permit authority to ensure the device, system or tank is inspected and maintained to ensure it functions as it is designed to function; trade waste means the liquid waste, other than sewage, generated by any industry, business, trade or manufacturing process; unique plumbing installation means a plumbing installation that – (a) is a prototype, or one-off, installation permitted to be installed under the Act; and (b) is specifically designed for the premises in which it is, or is to be, installed; and (c) is not for general sale; unregistrable relocatable building means a building that – (a) is designed to be relocatable between sites; and (b) is not registrable as a motor vehicle or trailer under the Vehicle and Traffic Act 1999 ; wastewater means spent or used water, including greywater or blackwater, which contains dissolved or suspended matter; water main means a pipe which is used to convey water from a regulated entity's water supply to premises; water supply system means the part of the water service from the water main or alternative water source to, and including – (a) the outlet valves at fixtures and appliances; and (b) a fire safety system. (2) Unless the contrary intention appears, an expression used in these regulations that is defined in the National Construction Code has the same meaning in these regulations as it has in the National Construction Code.