BUILDING ACT 1975

Queensland Consolidated Acts

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- As at 1 July 2024
- Act 11 of 1975

TABLE OF PROVISIONS

Long Title

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

1. Short title
2. Act binds all persons
3. Simplified outline of main provisions of Act

PART 2 - INTERPRETATION

Division 1 - Dictionary

4. Definitions
4A. (Repealed)

Division 2 - Key definitions

5. What is building work
6. What is a building development application
7. What is building assessment work
8. Who is a building certifier
9. Private certifiers and their classes
10. What is a building certifying function
11. Who is the assessment manager for a building development application
11A. (Repealed)
12. What is the Building Code of Australia (or BCA)
12A. (Repealed)
12AA. (Repealed)
12B. (Repealed)
12BA. (Repealed)
12C. (Repealed)
12D. (Repealed)
12E. (Repealed)
12F. (Repealed)
12G. (Repealed)
12K. (Repealed)
12Q. (Repealed)
13. What is the Queensland Development Code (or QDC)
14. When building work complies with the BCA or QDC
14A. (Repealed)
14B. (Repealed)
14C. (Repealed)
14D. (Repealed)
14E. (Repealed)
14F. (Repealed)
14G. (Repealed)

Division 3 - Other references

15. References to changed BCA or QDC provision
16. Reference in Act to applicants, development, assessment managers, referral agencies, building work or building certifiers
17. Reference in Act to local government
18. Reference to local government in provision about building development application
19. Reference to a proposed building or structure
19A. (Repealed)
19B. (Repealed)
19C. (Repealed)
19D. (Repealed)
19E. (Repealed)

CHAPTER 2 - WHEN BUILDING WORK IS ASSESSABLE DEVELOPMENT OR ACCEPTED DEVELOPMENT
Notes—

20. Building work that is assessable development for the Planning Act
20A. (Repealed)
20B. (Repealed)
20C. (Repealed)
20D. (Repealed)
20E. (Repealed)
20F. (Repealed)
20G. (Repealed)
21. Building work that is accepted development for the Planning Act
22. (Repealed)

CHAPTER 3 - ADDITIONAL REQUIREMENTS FOR BUILDING DEVELOPMENT APPLICATIONS
Note—

PART 1 - REQUIREMENTS FOR SUPPORTING DOCUMENTS

23. Operation of pt 1
24. Required information for supporting documents
25. General requirements for supporting documents
26. Requirements if performance solution used

PART 2 - OTHER REQUIREMENTS

27. Application for building work for budget accommodation building
28. Application to build regulated pool
28A. (Repealed)
29. Application must include required site works
29A. (Repealed)

CHAPTER 4 - BUILDING ASSESSMENT PROVISIONS AND ASSESSING BUILDING DEVELOPMENT APPLICATIONS

PART 1 - LAWS AND OTHER DOCUMENTS APPLYING TO BUILDING WORK

Division 1 - General provisions about the laws and documents applying to building work

30. Meaning of building assessment provisions
30A. (Repealed)
30B. (Repealed)
30BA. (Repealed)
30BB. (Repealed)
30BC. (Repealed)
30BD. (Repealed)
30BE. (Repealed)
30BF. (Repealed)
30BG. (Repealed)
30BH. (Repealed)
30C. (Repealed)
30D. (Repealed)
30E. (Repealed)
30F. (Repealed)
30I. (Repealed)
30J. (Repealed)
30K. (Repealed)
30L. (Repealed)
30M. (Repealed)
30O. (Repealed)
30P. (Repealed)
30Q. (Repealed)
30R. (Repealed)
30T. (Repealed)
30Y. (Repealed)
30Z. (Repealed)
31. Building assessment provisions are assessment benchmarks for Planning Act
32. Local laws, local planning instruments and local government resolutions that may form part of the building assessment provisions
32A. (Repealed)
32B. (Repealed)
33. Alternative provisions to QDC residential design and siting provisions for particular buildings
34. (Repealed)
34A. Decision for building development application that complies with building assessment provisions
35. Relationship between the BCA and the QDC
35A. (Repealed)
36. When building assessment provisions must be applied
36AA. (Repealed)
36A. (Repealed)
36B. (Repealed)
36C. (Repealed)
36D. (Repealed)
36E. (Repealed)
36F. (Repealed)
36G. (Repealed)
36H. (Repealed)
36I. (Repealed)
36J. (Repealed)
36K. (Repealed)
36L. (Repealed)
36M. (Repealed)
36N. (Repealed)
36O. (Repealed)
37. Provision for changes to building assessment provisions

Division 2 - Variation of how particular building assessment provisions apply

38. Applying to vary how particular building assessment provision applies
39. Applying for fast-track decision
40. Effect of variation application on development assessment process under Planning Act
41. Deciding variation application
42. Criteria for decision
43. Notice of decision
44. Effect of variation

PART 2 - PERSONS RESPONSIBLE FOR ASSESSING BUILDING DEVELOPMENT APPLICATIONS

Division 1 - Who carries out building assessment work

45. Generally a building certifier must assess
46. Referral agencies may assess application against building assessment provisions
46A. (Repealed)
46B. (Repealed)
46C. (Repealed)

Division 2 - Functions of private certifiers

47. Operation of div 2
48. Functions of private certifier (class A)
49. Functions of private certifier (class B)
50. Restrictions on building certifying functions that a private certifier (class B) can perform

Division 3 - Functions of local government

51. Function to act on building development application or development approval unless private certifier (class A) engaged
52. Restriction on local government issuing building development approval
52A. (Repealed)
53. Local government may rely on particular compliance certificates and other documents
54. Local government may rely on documents private certifier gives it for providing public access

Division 4 - Power of particular replacement assessment managers to decide status of development assessment process under Planning Act

55. Power to decide what stage of development assessment process under Planning Act application process may resume or start

PART 3 - DISCRETIONARY MATTERS IN THE ASSESSMENT OF BUILDING DEVELOPMENT APPLICATIONS

56. Building certifier’s discretion—BCA
57. Building certifier’s or referral agency’s discretion—QDC
58. Survey certificate
59. Discretion for building development applications for particular budget accommodation buildings
60. Building certifier may rely on particular compliance certificates and other documents
61. Alterations to safe existing work may be approved on basis of earlier building assessment provisions

PART 4 - REQUIREMENTS FOR AND RESTRICTIONS ON ASSESSING OR APPROVING BUILDING DEVELOPMENT APPLICATIONS

62. (Repealed)
63. Restriction on granting building development approval for budget accommodation building
63A. Restriction on granting building development approval for residential care building
63B. (Repealed)
64. Required report before assessing application for temporary building or structure with special fire service
64C. (Repealed)
64D. (Repealed)
65. Land subject to registered easement or statutory covenant
66. Special structures
66A. (Repealed)
66B. (Repealed)
67. Temporary building or structures
68. Particular alterations not permissible
68A. Statement of reasons for approving performance solution

PART 5 - CONDITIONS OF BUILDING DEVELOPMENT APPROVALS
Note—

Division 1 - Conditions taken to be imposed

69. Operation of div 1
70. Engineering drawings
71. When demolition, removal and rebuilding must start and be completed
72. Building work in erosion prone area
73. Obligation to make current drawing available for inspection
74. Inspection and testing of special fire service installation
75. Earthworks and retaining walls
76. Drainage of buildings or land
77. Building work over existing sanitary drainage

Division 2 - Conditions that may be imposed

78. Survey certificate
79. Hazardous buildings
80. Alterations to unsafe existing work
81. Building development approval for particular alterations may require existing building or structure to comply with building assessment provisions

PART 6 - REGULATION OF BUILDING ASSESSMENT WORK AND THE ISSUING OF BUILDING DEVELOPMENT APPROVALS BY PRIVATE CERTIFIERS

82. Application of pt 6
83. General restrictions on granting building development approval
84. Approval must not be inconsistent with particular earlier approvals or accepted development
85. Additional requirement for decision notice
86. Requirements on approval of application
87. Local government acknowledgement
88. Giving approval documents to applicant

PART 7 - PROVISIONS ABOUT LAPSING OF BUILDING DEVELOPMENT APPROVALS AND RELATED MATTERS

Division 1 - Building work for demolition or removal

89. Application of div 1
90. Currency period under the Planning Act, s 85(1) for building development approval
91. Lapsing of building development approval
92. Local government may complete particular work if condition not complied with
93. Releasing security

Division 2 - Other building work

94. Application of div 2
95. Reminder notice requirement for lapsing
96. Extension of lapsing time because of application to extend currency period under Planning Act, s 85(1)
97. Restriction on private certifier (class A) extending currency period under Planning Act, s 85(1) more than once

CHAPTER 5 - INSPECTIONS, BUILDING CLASSIFICATION AND THE USE OF BUILDINGS

PART 1 - GIVING OF INSPECTION DOCUMENTATION FOR SINGLE DETACHED CLASS 1A BUILDINGS AND CLASS 10 BUILDINGS OR STRUCTURES

98. Application of pt 1
99. Obligation to give owner inspection documentation on final inspection

PART 2 - CERTIFICATES OF OCCUPANCY FOR OTHER BUILDINGS

Division 1 - Preliminary

100. Application of pt 2
101. Meaning of substantially completed

Division 2 - Giving of certificate

102. Obligation to give certificate of occupancy on inspection after particular events
103. Certificate requirements
104. Interim certificate if building is remote
105. Certificates for a building occupied in stages

Division 3 - Miscellaneous provisions about certificates of occupancy

106. Term of certificate of occupancy
107. Building certifier’s obligation to give referral agency certificate and other documents
108. Additional obligations if certificate of occupancy given by private certifier (class A)
108A. Owner’s obligations about access to certificate of occupancy

PART 3 - CHANGES TO BCA CLASSIFICATION OR USE WITHIN CLASSIFICATION

109. What is a BCA classification or use change to a building
110. Restriction on making BCA classification or use change
111. Provision for applying to local government to obtain approval for BCA classification or use change
112. Concessional approval for particular existing buildings
113. Obligation of building certifier approving BCA classification or use change to give new certificate of occupancy

PART 4 - RESTRICTIONS ON THE USE OF BUILDINGS

114. No occupation or use of particular buildings without certificate of occupancy
114A. Owner’s obligation to comply with certificate of occupancy
115. Compliance with relevant BCA and QDC provisions for occupation and use of building
116. Exception for use of government buildings for emergency
117. Enforcement action required
118. Restriction on use of buildings built on or after 1 April 1976
119. Further restriction on occupation of building for residential purposes

PART 5 - MISCELLANEOUS PROVISIONS

120. BCA classification as special structure
121. Doubtful BCA classifications
122. Building certifier’s obligation to give owner inspection documentation if building development approval lapses
123. Certificate of occupancy for particular buildings built before 30 April 1998
124. Building certifier’s obligation to give information notice about particular decisions
124A. Obligation to give owner inspection documentation for particular inspections

CHAPTER 6 - PROVISIONS ABOUT PRIVATE CERTIFIERS AND OTHER BUILDING CERTIFIERS

PART 1 - GENERAL PROVISIONS ABOUT BUILDING CERTIFIERS

Division 1 - Regulation of the performance of building certifying functions

125. Person must not perform building certifying functions without licence
126. Building certifier performing building certifying function must be appropriately licensed
127. Building certifier’s duty to act in public interest in performing building certifying function
128. Building certifier must not perform building certifying function if there is a conflict of interest

Division 2 - Code of conduct

129. Code of conduct
130. Tabling and inspection of amendment or replacement not part of or attached to regulation
131. Access to code of conduct

Division 3 - Miscellaneous provisions

132. Effect of building certifier not complying with Act if no penalty provided
133. Additional functions of QBCC for building certification
133A. Building certifier to have regard to particular guidelines

PART 2 - PRIVATE CERTIFIERS

Division 1 - Regulation of private certifying functions

134. Restriction on performing functions of private certifier (class A)
135. Restriction on private certifier performing functions for building development applications
136. Offence for private certifier not to act in public interest in performing private certifying function
137. Private certifier must not perform private certifying function if there is a conflict of interest

Division 2 - Engagement of private certifiers

138. Power to contract to perform private certifying functions
139. General restrictions on private certifier entering into engagement
140. Restriction on engagement of private certifier (class B)
141. Requirements for engagement of private certifier
142. Engagement of private certifier (class A) taken to include inspection and certification
143. Notice of engagement—owner clients
143A. Notice of engagement and contact details—other clients
143B. Owner may require performance of additional certifying functions
144. Restriction on discontinuing engagement
145. Effect of transfer of functions for building development approval to local government or replacement private certifier
146. Agreed fee recoverable despite valid refusal of particular actions

Division 3 - Record-keeping and related requirements

147. Building development applications and approval documents
148. Obligation to give inspection documentation to owner of building
149. Obligation to give inspection documentation and any reminder notice to local government
150. Obligation to keep inspection documentation

PART 3 - LICENSING OF BUILDING CERTIFIERS

Division 1 - Licence levels and their roles

151. Levels
152. Role of building certifier–level 1
153. Role of building certifier–level 2
154. Role of building certifier–level 3

Division 2 - Applying for and obtaining licence

155. Who may apply
156. Requirements for licence application
157. Decision on licence application
158. Steps after making decision
159. Duration of licence

Division 3 - Private certification endorsements

160. Endorsements
161. Who may apply for endorsement
162. Requirements for endorsement application
163. Restrictions on making endorsement
164. Notice of refusal

Division 4 - Renewals

165. Notice of expiry of licence
166. Automatic expiry on failure to apply for renewal
167. Applying for renewal
168. Existing licence taken to be in force while application is being considered
169. Decision on renewal application
170. Steps after making decision

Division 5 - Cancellation and suspension of, and other changes to, licences and cancellation of endorsements

Subdivision 1 - QBCC’s powers

171. Power to amend, cancel or suspend licence
172. Power to change licence level
173. Cancellation of endorsement of licence to act as private certifier
174. Notice of particular events to interstate licensing authorities and other entities

Subdivision 2 - Show cause notice procedure

175. Show cause notice
176. Submissions about show cause notice
177. Decision on proposed action
178. Notice and taking effect of decision

Division 6 - General provisions about licences

179. Register of building certifiers
180. Access to register
181. Surrendering licence
182. Obtaining replacement licence
183. Obligation of building certifier to give notice of change in particular circumstances

Division 7 - Miscellaneous provisions

184. Accreditation standards bodies
185. Function of accreditation standards body
186. Criteria for deciding suitability of applicants and licensees
187. QBCC may seek information from applicants about suitability
188. Refund of particular licence fees accompanying applications
189. Reviews by tribunal of decisions under pt 3

PART 4 - COMPLAINTS, INVESTIGATIONS AND DISCIPLINARY PROCEEDINGS RELATING TO BUILDING CERTIFIERS

Division 1 - Complaints

190. Making a complaint against a building certifier
191. Building certifier must be advised of complaint
192. QBCC may recommend mediation to resolve complaint
193. Mediation process
194. Investigation of complaint

Division 2 - Investigations

195. QBCC may require documents to be produced
196. Issue of identity card to auditor
197. Production or display of identity card
198. Inspection of documents
199. Power to enter and inspect building site relating to complaint or audit
200. Procedure before entry
201. Cooperating with investigation or audit
202. False or misleading statements
203. False or misleading documents
204. Decision after investigation or audit completed
205. (Repealed)

Division 3 - Show cause notice for disciplinary proceedings

206. Show cause notice
207. Representations and decision

Division 4 - Disciplinary proceedings

208. Tribunal may conduct disciplinary proceeding
209. Constitution of tribunal for disciplinary proceeding
210. Notification of disciplinary proceeding
211. Orders relating to current building certifier
212. Orders relating to former building certifier
213. Consequences of failure to comply with tribunal’s orders and directions
214. Recording details of orders

PART 5 - DISQUALIFIED INDIVIDUALS

Division 1 - Preliminary

214A. Definitions for part
214B. Disqualified individual
214C. When period of 3 years starts
214D. Operation of part

Division 2 - Calculation of demerit points

214E. Demerit points for demerit offences
214F. When demerit points are allocated and take effect
214G. Limit on demerit points from single investigation or audit
214H. QBCC must notify person about demerit points

Division 3 - Disqualification

214I. Procedure if QBCC considers person has accumulated 30 demerit points
214J. Ending procedure without further action
214K. Notice of disqualification
214L. Period of disqualification

CHAPTER 7 - FIRE SAFETY FOR BUDGET ACCOMMODATION BUILDINGS
Note—

PART 1 - INTERPRETATION

215. Definitions for ch 7
216. Meaning of budget accommodation building

PART 2 - FIRE SAFETY STANDARD

217. Fire safety standard
218. Guidelines for fire safety standard

PART 3 - BUDGET ACCOMMODATION BUILDINGS BUILT, APPROVED OR APPLIED FOR, BEFORE 1 JANUARY 1992

219. Application of pt 3
220. Owner must ensure building conforms with fire safety standard
221. Approval of longer period for conformity with fire safety standard
222. Advice as to conformity with fire safety standard
223. Stay of operation of local government decision
224. Local government decisions

PART 4 - ALL BUDGET ACCOMMODATION BUILDINGS

225. Application of pt 4
226. Obligation about fire safety management plan
227. Accessing fire safety management plan
228. Random inspection of buildings for which development approval is given

PART 5 - MISCELLANEOUS

229. Obligations of entities about guidelines for fire safety standard and fire safety management plans
230. Local government’s fire safety record-keeping obligations
231. Owner’s fire safety record-keeping obligation

CHAPTER 7A - FIRE SAFETY FOR RESIDENTIAL CARE BUILDINGS BUILT, APPROVED OR APPLIED FOR, BEFORE 1 JUNE 2007

PART 1 - APPLICATION OF CHAPTER 7A

231AA. Application of ch 7A

PART 2 - INTERPRETATION

231AB. Definitions for ch 7A
231AC. What is a residential care building (or RCB)
231AD. What are the assessment categories for RCBs

PART 3 - FIRE SAFETY STANDARD (RCB)

231AE. What is the fire safety standard (RCB)

PART 3A - RCB ASSESSORS

231AF. Who is an RCB assessor
231AG. Chief executive may approve public service employees to assess RCBs

PART 4 - ASSESSMENT OF RESIDENTIAL CARE BUILDINGS

231AH. Owner must have RCB assessed for assessment category and compliance with fire safety standard (RCB)
231AI. RCB assessment reports
231AJ. Further assessment by RCB assessor
231AK. When owner must obtain fire safety (RCB) compliance certificate or certificate of occupancy
231AL. Approval of later day for obtaining fire safety (RCB) compliance certificate or certificate of occupancy
231AM. Owner and operator must ensure RCB continues to comply with fire safety standard (RCB)

PART 5 - GENERAL

231AN. General obligations of operator of RCB
231AO. Owner must give RCB assessment report to chief executive and local government
231AP. Owner must give fire safety (RCB) compliance certificate to chief executive and local government
231AQ. Obligations about access to fire safety (RCB) compliance certificate

CHAPTER 8 - SWIMMING POOL SAFETY

PART 1 - INTERPRETATION

231A. Definitions for ch 8
231B. What is a regulated pool
231C. What is a pool safety inspection function
231D. What is the pool safety standard

PART 2 - COMPLIANCE WITH POOL SAFETY STANDARD AND OTHER MATTERS ABOUT POOL SAFETY

Division 1 - Compliance with pool safety standard

232. Compliance with pool safety standard—regulated pool

Division 2 - Requirements about constructing regulated pool

233. Constructing regulated pool—requirement for warning sign
234. Constructing regulated pool—requirement for compliance with pool safety standard

Division 3 - Exemptions from compliance with pool safety standard—disability

Subdivision 1 - Applying for exemption and deciding application

235. Application for exemption—disability
236. Requirement for further information
237. Decision on application
238. Notice of decision
239. Notice of exemption to be given to QBCC commissioner
240. Application of pool safety standard under exemption

Subdivision 2 - Ending and revocation of exemptions

241. When exemption ends
242. Local government may revoke exemption
243. Notice of revocation to be given to QBCC commissioner

Subdivision 3 - Miscellaneous

244. Keeping copy of exemption

Division 4 - Exemptions from compliance with pool safety standard—impracticality

Subdivision 1 - Applying for exemption and deciding applications

245. Application for exemption—compliance impracticable
245A. Requirement for further information
245B. Decision on application
245C. Notice of decision and application of pool safety standard under exemption
245D. Continuation of exemption

Subdivision 2 - Revocation of exemptions

245E. Local government may revoke exemption

Subdivision 3 - Miscellaneous

245F. Notice of exemption or revocation to be given to QBCC commissioner
245FA. Keeping copy of exemption

Division 5 - Reporting, and giving notice of, pool immersion incidents

245G. Requirement to report pool immersion incident
245H. Disclosure of information about pool immersion incident
245I. Giving notice of pool immersion incidents

Division 6 - Pool safety management plans for particular pools

Subdivision 1 - Preliminary

245J. Application of div 6
245K. Requirement to have pool safety management plan
245L. Requirement to comply with approved pool safety management plan

Subdivision 2 - Approval, and duration, of pool safety management plans

245M. Application for approval
245N. Requirement for further information
245O. Decision on application
245P. Duration of plan

Subdivision 3 - Cancellation of approval and amendment of approved pool safety management plan

245Q. Cancellation or amendment
245R. When decision has effect

Subdivision 4 - (Repealed)

Division 7 - Miscellaneous

245T. Access to regulated pool to be kept secure
245U. Interference with barriers for regulated pools
245UA. QBCC commissioner may give local government information about regulated pools
245V. When particular local government exemptions about requirements for pool fencing end
245W. When particular local law has no force or effect for regulated pool

PART 2A - NEIGHBOURS’ RIGHTS AND RESPONSIBILITIES FOR PARTICULAR DIVIDING FENCES

Division 1 - Introduction

245X. Overview

Division 2 - Interpretation

245XA. Definitions for pt 2A

Division 3 - Rights and responsibilities of pool owners and their neighbours for particular dividing fences

245XB. Right to construct pool barrier along common boundary
245XC. Walls on common boundary
245XD. Right to alter or replace existing dividing fence for the purpose of a pool barrier
245XE. Right to construct part of the barrier for 2 neighbouring pools along the common boundary or alter or replace existing fence
245XF. Limited right of neighbour to alter or replace part of pool barrier along a common boundary
245XG. Right to enter adjoining land to carry out fencing work
245XH. Apportioning cost of constructing etc. dividing fence forming part of a pool barrier
245XI. Attaching things to a dividing fence forming part of a pool barrier
245XJ. Negligent or deliberate act or omission
245XK. Urgent fencing work

Division 4 - Process for obtaining contribution and resolving disputes

Subdivision 1 - Introduction

245XL. Overview

Subdivision 2 - Notices

245XM. Notice of proposed fencing work
245XN. Notice to contribute for urgent fencing work

Subdivision 3 - Resolving disputes

245XO. Jurisdiction
245XP. Representation
245XQ. Orders about carrying out fencing work
245XR. Matters for QCAT consideration
245XS. Application for order in absence of adjoining owner

Division 5 - Process for dealing with unauthorised fencing work

245XT. Unauthorised fencing work
245XU. Application before unauthorised fencing work
245XV. Application after unauthorised fencing work

Division 6 - Process if common boundary not agreed

245XW. Process if common boundary not agreed

Division 7 - General

245XX. Measurement of the height of a dividing fence or pool barrier
245XY. Substantial compliance is adequate
245XZ. Giving documents
246. Descriptions in notice

PART 3 - INSPECTIONS OF REGULATED POOLS AND THE GIVING OF POOL SAFETY CERTIFICATES

Division 1 - Inspections of regulated pools by pool safety inspectors

246A. (Repealed)
246AA. Obligation to give pool safety certificate on inspection in particular circumstances
246AB. Nonconformity notice
246AC. Steps after nonconformity notice
246ACA. Special provision for pool inspection in remote areas
246AD. Record-keeping requirements for inspections

Division 2 - Functions of local government for inspections of regulated pools

246ADA. Requirement to inspect particular pools
246AE. Power of local government to inspect regulated pool
246AF. Cancellation of pool safety certificate after inspection
246AG. Show cause notice procedure and decision
246AH. Request for inspection of regulated pool
246AI. Pool safety certificate does not limit power of local government to enter land for particular purposes
246AIA. Keeping records of particular notices
246AIB. Local government to give information to QBCC commissioner

Division 3 - Pool safety certificates

246AJ. Identification number for pool safety certificate
246AK. Form of pool safety certificate
246AL. Term of pool safety certificate
246AM. Pool safety inspector’s obligation to give notice of pool safety certificates
246AN. Final inspection certificate or certificate of occupancy instead of pool safety certificate

Division 4 - Miscellaneous provision

246AO. Appeals to development tribunal of decisions under pt 3

PART 4 - GENERAL PROVISIONS ABOUT REGULATED POOLS

Division 1 - Obligations to give notice of regulated pools

246AP. Building certifier’s obligation to give notice of regulated pool
246AQ. Local government’s obligation to give notice of existing regulated pool
246AR. Owner’s obligation to give notice of existing regulated pool

Division 2 - Register of regulated pools

246AS. Regulated pools register
246AT. Access to regulated pools register

Division 3 - Functions of private certifiers—regulated pools

246ATA. Application of div 3
246ATB. Private certifier to take enforcement action

Division 4 - Obligation to give information to particular regulated pool owners

246ATC. Local government’s obligation to give information about particular regulated pools

Division 5 - Provisions about dealings involving regulated pools

Subdivision 1 - Preliminary

246ATD. Definitions for div 5
246ATE. When pool safety certificate taken to be in effect for div 5

Subdivision 2 - Offences and other requirements

246ATF. Offence about sale of regulated premises
246ATG. Offence about entering into accommodation agreement—regulated pool that is not a shared pool
246ATH. Offences about displaying and giving copies of pool safety certificates for shared pools
246ATI. Offence about entering into accommodation agreement—pool safety certificate not in effect for shared pool
246ATJ. Requirement to obtain pool safety certificate for regulated pool that is not a shared pool
246ATK. Requirement to obtain pool safety certificate for regulated pool that is a shared pool
246ATL. Licensee not to ask for, or receive, reward in particular circumstances

Subdivision 3 - Miscellaneous

246ATM. Prescribed notification requirements

PART 5 - GENERAL PROVISIONS ABOUT POOL SAFETY INSPECTORS

Division 1 - Regulation of the performance of pool safety inspection functions

246AU. Person must not perform pool safety inspection functions without licence
246AV. Person must not perform pool safety inspection functions without prescribed professional indemnity insurance
246AW. Giving pool safety certificates and nonconformity notices
246AX. Pool safety inspector’s duty to act in public interest in performing pool safety inspection function
246AY. Pool safety inspector must not perform pool safety inspection function if there is a conflict of interest

Division 2 - Code of conduct for pool safety inspectors

246AZ. Making code of conduct for pool safety inspectors
246B. (Repealed)
246BA. When code of conduct for pool safety inspectors takes effect
246BB. Tabling and inspection of amendment or replacement not part of or attached to regulation
246BC. Access to code of conduct for pool safety inspectors

Division 3 - Miscellaneous provisions

246BD. Effect of pool safety inspector not complying with Act if no penalty provided
246BE. Pool safety inspector may carry out minor repairs in particular circumstances
246BF. Pool safety inspector to have regard to particular guidelines

PART 6 - LICENSING OF POOL SAFETY INSPECTORS

Division 1 - Role

246BG. Role of pool safety inspector

Division 2 - Applying for and obtaining licence

246BH. Who may apply
246BI. Requirements for application
246BJ. Decision on licence application
246BK. Steps after making decision
246BL. Duration of licence

Division 3 - Renewal and restoration of licences

Subdivision 1 - Notice of expiry

246BM. Notice of expiry of licence

Subdivision 2 - Renewals

246BN. Applying for renewal
246BO. Existing licence taken to be in force while application is being considered
246BP. Decision on renewal application
246BQ. Steps after making decision

Subdivision 3 - Restoration

246BR. Applying for restoration
246BS. Existing licence taken to be in force while application is being considered
246BT. Decision on restoration application
246BU. Steps after making decision

Division 4 - Cancellation and suspension of, and other changes to, licences

Subdivision 1 - QBCC commissioner’s powers

246BV. Power to amend, cancel or suspend licence
246BW. Notice of particular events to interstate licensing authorities and other entities

Subdivision 2 - Show cause notice procedure

246BX. Show cause notice
246BY. Submissions about show cause notice
246BZ. Decision on proposed action
246C. (Repealed)
246CA. Notice and taking effect of decision

Division 5 - General provisions about licences

246CB. Register of pool safety inspectors
246CC. Access to pool safety inspectors register
246CD. Surrendering licence
246CE. Obtaining replacement licence
246CF. Obligation of pool safety inspector to give notice of change in particular circumstances

Division 6 - Miscellaneous provisions

246CG. Criteria for deciding suitability of applicants and licensees
246CH. QBCC commissioner may seek information from applicants about suitability and other matters
246CI. Refund of particular licence fees accompanying applications
246CJ. (Repealed)

PART 7 - COMPLAINTS AND DISCIPLINARY PROCEEDINGS RELATING TO POOL SAFETY INSPECTORS

Division 1 - Complaints

246CK. Making a complaint against a pool safety inspector
246CL. Pool safety inspector must be advised of complaint
246CM. QBCC commissioner may recommend mediation to resolve complaint
246CN. Mediation process
246CO. Investigation of complaint
246CP. (Repealed)
246CQ. (Repealed)
246CR. (Repealed)
246CS. (Repealed)
246CT. (Repealed)
246CU. (Repealed)
246CV. (Repealed)
246CW. (Repealed)
246CX. (Repealed)
246CY. Decision after investigation or audit completed
246CZ. (Repealed)

Division 3 - Disciplinary proceedings

246D. (Repealed)
246DA. Tribunal may conduct disciplinary proceeding
246DB. Constitution of tribunal for disciplinary proceeding
246DC. Orders relating to current pool safety inspector
246DD. Orders relating to former pool safety inspector
246DE. Consequences of failure to comply with tribunal’s orders and directions
246DF. Recording details of orders

PART 8 - REQUIREMENTS FOR POOL SAFETY INSPECTORS

246DG. Requirements for pool safety inspectors
246DH. (Repealed)
246DI. (Repealed)
246DJ. (Repealed)
246DK. (Repealed)
246DL. (Repealed)
246DM. (Repealed)
246DN. (Repealed)
246DO. (Repealed)
246DP. (Repealed)
246DQ. (Repealed)
246DR. (Repealed)
246DS. (Repealed)
246DT. (Repealed)
246DU. (Repealed)
246DV. (Repealed)
246DW. (Repealed)
246DX. (Repealed)
246DY. (Repealed)
246DZ. (Repealed)

PART 9 - ROLE OF QBCC—POOL SAFETY

Division 1 - QBCC’s functions

246E. Pool safety functions performed by QBC board
246EA. (Repealed)
246EB. (Repealed)
246EC. (Repealed)
246ED. (Repealed)
246EE. (Repealed)
246EF. (Repealed)
246EG. (Repealed)
246EH. (Repealed)
246EI. (Repealed)
246EJ. (Repealed)
246EK. (Repealed)
246EL. (Repealed)
246EM. (Repealed)
246EN. (Repealed)
246EO. (Repealed)
246EP. (Repealed)
246EQ. (Repealed)
246ER. (Repealed)
246ES. (Repealed)
246ET. (Repealed)
246EU. (Repealed)
246EV. (Repealed)
246EW. (Repealed)
246EX. (Repealed)
246EY. (Repealed)
246EZ. (Repealed)
246F. Pool safety functions performed by QBCC commissioner
246FA. (Repealed)
246FB. (Repealed)
246FC. (Repealed)
246FD. (Repealed)
246FE. (Repealed)
246FF. (Repealed)
246FG. (Repealed)
246FH. (Repealed)
246FI. (Repealed)
246FJ. (Repealed)
246FK. (Repealed)

Division 2 - Pool Safety Fund

246G. Fund established
246H. Purpose of fund
246I. Payment of amounts into fund
246J. Payments from fund

Division 3 - (Repealed)

Division 4 - (Repealed)

Division 5 - (Repealed)

Division 6 - (Repealed)

CHAPTER 8A - PROVISIONS TO SUPPORT SUSTAINABLE HOUSING

PART 1 - (Repealed)

PART 2 - PROVISIONS TO SUPPORT SUSTAINABLE HOUSING

Division 1 - Preliminary

246L. Purpose of pt 2
246M. Definitions for pt 2
246N. Application of pt 2

Division 2 - Limiting effect of prohibitions etc. for particular sustainable housing measures

246O. Prohibitions or requirements that have limited or no force or effect
246P. Restrictions that have no force or effect—roof colours and windows
246Q. Restrictions that have limited or no force or effect—other restrictions
246R. When consent for particular activities can not be withheld—roof colours and windows
246S. When consent for particular activities can not be withheld—other matters

Division 3 - Miscellaneous provisions

246T. Particular limitation on operation of pt 2
246U. No compensation payable

CHAPTER 8B - TRANSPORT NOISE CORRIDORS

PART 1 - PRELIMINARY

246V. Purpose of ch 8B
246W. Definitions for ch 8B

PART 2 - DESIGNATION BY LOCAL GOVERNMENTS

246X. Designation of transport noise corridor—local governments
246Y. Notification about designation of transport noise corridor

PART 3 - DESIGNATION BY TRANSPORT CHIEF EXECUTIVE

246Z. Designation of transport noise corridor—transport chief executive
246ZA. Notification about designation of transport noise corridor

CHAPTER 9 - SHOW CAUSE AND ENFORCEMENT NOTICES
Note—

247. Show cause notices
248. Enforcement notices
249. Specific requirements of enforcement notices
250. Appeals against enforcement notices
251. Register of notices given
252. Action local government may take if enforcement notice not complied with
253. Removal of persons in buildings to be demolished

CHAPTER 10 - GENERAL PROVISIONS

254. Approved forms
255. Information to be given by the State
256. Prosecution of offences
257. Liability of executive officer—particular offences committed by corporation
257A. Disclosure of particular information
258. Guidelines
259. Access to guidelines
260. Evidentiary aids
261. Regulation-making power

CHAPTER 11 - SAVINGS, TRANSITIONAL AND VALIDATION PROVISIONS

PART 1 - TRANSITIONAL PROVISION FOR LOCAL GOVERNMENT ACT 1993

262. Swimming pool fencing compliance—hardship

PART 2 - TRANSITIONAL PROVISIONS FOR BUILDING AND INTEGRATED PLANNING AMENDMENT ACT 1998

263. References to Standard Building Law etc.
264. Existing referees
265. Existing registrar
266. Lawfully constructed buildings and structures protected

PART 3 - TRANSITIONAL PROVISIONS FOR BUILDING AMENDMENT ACT 2003

267. Definitions for pt 3
268. Existing exemption from fencing swimming pool
269. Undecided application for exemption from fencing swimming pool
270. When resuscitation sign for outdoor swimming pool not required
271. Revocation of decisions or previous variations

PART 4 - TRANSITIONAL PROVISIONS FOR PLUMBING AND DRAINAGE ACT 2002

272. Definitions for pt 4
273. Swimming pool fences for existing tourist resort complexes exempted
274. Unsatisfactory conduct and professional misconduct
275. Appeals to chief executive against accrediting body’s decision
276. Appeal to the court against chief executive’s decision
277. Orders relating to building certifiers

PART 5 - TRANSITIONAL PROVISIONS FOR BUILDING AND OTHER LEGISLATION AMENDMENT ACT 2006

278. Undecided building development applications
279. Exclusion of reminder notice requirement for existing building development approvals
280. Consequential amendments to the QDC
281. Consequential amendments to code of conduct
282. (Repealed)
283. Existing rainwater tank provisions in planning schemes

PART 6 - TRANSITIONAL PROVISION FOR BUILDING AND OTHER LEGISLATION AMENDMENT ACT 2008

284. Transitional provision for s 108A

PART 7 - TRANSITIONAL PROVISION FOR SUSTAINABLE PLANNING ACT 2009

285. Continuing application of chs 2, 3 and 4

PART 8 - TRANSITIONAL PROVISIONS FOR BUILDING AND OTHER LEGISLATION AMENDMENT ACT 2009

286. Continuing application of s 154
287. Continuing application of s 155

PART 9 - TRANSITIONAL PROVISIONS FOR BUILDING AND OTHER LEGISLATION AMENDMENT ACT 2010

288. Term of pool safety certificate in force before the commencement
289. Building certifiers taken to be licensed as pool safety inspectors for 1 year

PART 10 - TRANSITIONAL PROVISIONS FOR BUILDING AND OTHER LEGISLATION AMENDMENT ACT (NO. 2) 2010

290. Definitions for pt 10
291. When s 232 applies to particular regulated pools
292. Term of pool safety certificate for particular regulated pools
293. Continuing application of particular provisions—requirements about fencing pool
294. Continuing application of particular provisions—resuscitation sign
295. Application of s 233
296. Continuing application of previous s 237
297. Application for exemption under previous s 240
298. Continuing effect of particular exemptions
299. Keeping copy of exemption
300. When s 246ATK applies to particular regulated pools

PART 11 - TRANSITIONAL AND VALIDATION PROVISIONS FOR QUEENSLAND RECONSTRUCTION AUTHORITY ACT 2011

301. Definition for pt 11
302. Modified application of ch 8 provisions
303. Offence about entering into accommodation agreement
304. Additional role of relevant building surveying technician
305. Validation of relevant building surveying technician function

PART 12 - TRANSITIONAL PROVISION INSERTED UNDER SUSTAINABLE PLANNING (HOUSING AFFORDABILITY AND INFRASTRUCTURE CHARGES REFORM) AMENDMENT ACT 2011

306. Provision about offences under s 246AR

PART 13 - VALIDATION PROVISION INSERTED UNDER THE LOCAL GOVERNMENT ELECTORAL ACT 2011

307. Validation of particular appointments to PSC

PART 14 - TRANSITIONAL PROVISION FOR TREASURY (COST OF LIVING) AND OTHER LEGISLATION AMENDMENT ACT 2012

308. Continuation of ss 246I, 246J and 246K in relation to particular sustainability declarations

PART 14A - TRANSITIONAL PROVISIONS FOR VOCATIONAL EDUCATION AND TRAINING (COMMONWEALTH POWERS) ACT 2012

309. Definitions for pt 14A
310. When approved training course under former Act taken to be approved training course under this Act
310A. Fees may be refunded

PART 15 - TRANSITIONAL PROVISIONS FOR SUSTAINABLE PLANNING AND OTHER LEGISLATION AMENDMENT ACT 2012

311. Definitions for pt 15
312. Existing accreditations
313. Existing building surveyors, assistant building surveyors and building surveying technicians
314. References in existing accreditation standards and professional development schemes
315. Existing applications for a licence

PART 16 - VALIDATION PROVISIONS FOR HOUSING AND OTHER LEGISLATION AMENDMENT ACT 2013

316. Definitions for pt 16
317. Retrospective validation of particular certificates of classification given during relevant period
318. Retrospective validation of particular applications for renewal of licences at level of building certifier–level 3
319. Retrospective validation of particular licences at level of building certifier–level 3 renewed during relevant period
320. Retrospective validation of building certifying functions performed during relevant period
321. Retrospective validation of particular applications for renewal of licences for pool safety inspectors
322. Retrospective validation of particular licences for pool safety inspectors renewed during particular period
323. Retrospective validation of pool safety inspection functions

PART 17 - TRANSITIONAL PROVISIONS FOR QUEENSLAND BUILDING SERVICES AUTHORITY AMENDMENT ACT 2013

324. Definitions
325. Unresolved applications to or by the former BSA
326. Prosecution of offences against chapter 6 or section 246AP(2)
327. Other administrative matters relating to the former BSA

PART 18 - TRANSITIONAL PROVISIONS FOR PROFESSIONAL ENGINEERS AND OTHER LEGISLATION AMENDMENT ACT 2014

Division 1 - Preliminary

328. Definitions

Division 2 - Dissolution of former council and transfer of matters to QBCC

329. Dissolution
330. Transfer of former fund
331. Agreements, assets, liabilities and rights
332. Pending applications
333. Pending legal proceedings
334. Ministerial directions to former council
335. Records of former council
336. Continuing authorisation of investigators
337. Pending complaints and disciplinary matters under ch 8, pt 7
338. Other administrative matters relating to former council

Division 3 - Transfer of matters from chief executive to QBCC

339. Pending applications to chief executive
340. Other administrative matters relating to chief executive

Division 4 - Provisions about review of particular decisions

341. Pending reviews of relevant decisions

Division 5 - Other matters

342. References to former council
343. Effect on legal relationships

PART 18A - TRANSITIONAL PROVISION FOR LOCAL GOVERNMENT ELECTORAL (TRANSPARENCY AND ACCOUNTABILITY IN LOCAL GOVERNMENT) AND OTHER LEGISLATION AMENDMENT ACT 2017

344. Building development application approved before commencement

PART 19 - TRANSITIONAL PROVISION FOR PLANNING (CONSEQUENTIAL) AND OTHER LEGISLATION AMENDMENT ACT 2016

345. Existing building development applications

PART 20 - TRANSITIONAL PROVISION FOR ECONOMIC DEVELOPMENT AND OTHER LEGISLATION AMENDMENT ACT 2019

346. Existing building development applications

PART 21 - TRANSITIONAL PROVISIONS FOR BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) AND OTHER LEGISLATION AMENDMENT ACT 2020

347. Definitions for part
348. Section 124A does not apply to building certifier engaged before commencement
349. Application of s 143B for owner of building
350. Application of s 185 to existing educational and experiential standards
351. Application of disqualified person provisions
352. Existing certificates of classification
353. (Expired)

PART 22 - TRANSITIONAL PROVISIONS FOR BUILDING AND OTHER LEGISLATION AMENDMENT ACT 2022

354. Definitions for part
355. Existing appeals under former s 245S
356. Effect of particular relevant instruments made in affected period—former ss 246O and 246Q
357. Effect of particular relevant instruments made in affected period—former s 246S

PART 23 - TRANSITIONAL PROVISION FOR BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) AND OTHER LEGISLATION AMENDMENT ACT 2024

358. Approval of pool safety inspector courses and tests
Schedule 1 (Repealed)
SCHEDULE 2

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