Victorian Numbered Regulations

BUILDING (INTERIM) REGULATIONS 2005 (SR NO 51 OF 2005) - REG 709

    (1)     This regulation applies to—

        (a)     a Class 9a building that is a residential care building; and

        (b)     a Class 1b or 3 building—

constructed or for which a building approval or building permit was granted before 1 August 1997.

    (2)     The following must be installed in a building to which this regulation applies—

        (a)     smoke alarms complying with AS 3786—1993 Smoke alarms, published 13 April 1993, as published from time to time in appropriate locations on or near the ceiling of every storey of the building and powered from the mains electricity power supply, if there is such a supply to the building; or

        (b)     a smoke detection system complying with AS 1670.1—2004 Fire detection, warning, control and intercom systems—System design, installation and commissioning—Part 1: Fire, published 29 April 2004, as published from time to time.

    (3)     The installation and the appropriate locations of smoke alarms referred to in sub-regulation (2)(a) must be in accordance with Practice Note 2005-27 issued by the Building Commission in May 2005.
r. 709

    (4)     For the purposes of sub-regulation (3), Practice Note 2005-27 must be applied to a Class 9a residential care building as if the building were a Class 3 building.

    (5)     A smoke detection system referred to in sub-regulation (2)(b) must be connected to, and be designed to activate, a building occupant warning system complying with Clause 6 of Specification E2.2a of Volume One of the BCA.

    (6)     For the purposes of sub-regulation (5), Clause 6 of Specification E2.2a of Volume One of the BCA must be applied to a Class 1b building as if the building were a Class 3 building.

    (7)     This regulation must be complied with by the earlier of the following—

        (a)     14 June 2006; or

        (b)     if a contract for the sale of the building is entered into on or after 14 June 2005, the date that is 30 days after—

              (i)     in the case of a contract other than a terms contract (as defined in section 2 of the Sale of Land Act 1962 ), the date of completion of the contract; or

              (ii)     in the case of a terms contract, the date that the purchaser becomes entitled to possession or to the receipt of rents and profits under the contract.

    (8)     This regulation must be complied with by the owner of the building.

    (9)     A person who fails to comply with this regulation is guilty of an offence and is liable to a penalty not exceeding 5 penalty units.