In forceAmended2020 Revised Edition

Contents

Building Control Act 1989 · 2020 Revised Edition · Part 3B · Environmental Sustainability Measures for Existing Buildings

22FZA. Completion of major energy use change and submission of as‑built score

Amended

Last amended by an amending law of 2024. 2 amendments in all.

(1)

The owner of a Type 2 building must, not later than 3 years after the approval of the design score for a major energy use change to that building by the Commissioner of Building Control —

(a)

complete the major energy use change in accordance with the design score approved by the Commissioner of Building Control, subject to any departure or deviation which complies with section 22FY; and

(b)

submit to the Commissioner of Building Control in the form and manner and within the time that may be prescribed —

(i)

the as-built score of the building assessed by the mechanical engineer appointed under section 22FX(1)(a) or, if that mechanical engineer has vacated his or her appointment, another mechanical engineer appointed under subsection (5), for approval by the Commissioner of Building Control;

(ii)

a declaration by the mechanical engineer who assessed the as‑built score certifying the correctness of the as‑built score; and

(iii)

any other documents that may be prescribed.

(2)

The Commissioner of Building Control may approve the as‑built score on the basis of a declaration by the mechanical engineer who assessed the score certifying the correctness of the as‑built score.

(3)

A mechanical engineer appointed to assess the as-built score in relation to a Type 2 building must, within 7 days after the completion of the major energy use change —

(a)

assess the as-built score of the building in the manner prescribed; and

(b)

provide to the owner of the building —

(i)

the as-built score and the documents on which the as‑built score was assessed;

(ii)

a declaration as to whether the as‑built score meets the minimum environmental sustainability standard applicable to the building; (iii)any document certifying the completion of the major energy use change that the Commissioner of Building Control may specify; and

(iv)

any other documents that the Commissioner of Building Control may require.

(4)

If the owner of the Type 2 building ceases to be the owner thereof before the submission of the as‑built score under subsection (1)(b), the owner must notify the Commissioner of Building Control of that fact not later than 7 days after the owner ceases to be the owner thereof.

(5)

If any mechanical engineer appointed under section 22FX(1)(a) in relation to a Type 2 building vacates his or her appointment before the submission of the as‑built score under subsection (1)(b) for that building, the owner of the building must —

(a)

appoint another mechanical engineer to assess the as‑built score; and

(b)

within 7 days thereafter, notify the Commissioner of Building Control of that substitute appointment.

(6)

Any owner of a Type 2 building who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

(7)

Any owner of a Type 2 building who, without reasonable excuse, contravenes subsection (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

(8)

Any mechanical engineer who —

(a)

without reasonable excuse, contravenes subsection (3); or

(b)

provides any information or makes any statement in relation to the as‑built score, or in any other document required under subsection (3)(b), which the mechanical engineer knows or has reason to believe is false,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

Terms defined in this Act

as-built score
Defined · s 22FA
“as-built score”, in relation to an existing building which has undergone a major energy use change, means the ES score awarded to that building upon the completion of the major energy use change;
Open s 22FA
building
Defined · s 2
“building” means any permanent or temporary building or structure and includes —(a)a hut, shed or roofed enclosure;(b)an earth retaining or stabilising structure, whether permanent or temporary;(c)a dock, wharf or jetty;(ca)a floating structure, not being a boat or vessel, constructed or to be constructed on a flotation system that —(i)is or is to be supported by water;(ii)is not intended for or useable in navigation; and(iii)is or is to be permanently moored;(d)a culvert, crossing, bridge, underpass or tunnel;(da)a fixed installation;(e)a sewage treatment plant, sewer, drain, swimming pool or any non‑proprietary type of concrete tank for the storage of any solid, liquid or gaseous product;(f)a shelter provided under the Civil Defence Shelter Act 1997; and(g)such other erection or structure (whether permanent or temporary) as the Minister may, by order in the Gazette, declare to be a building;
Open s 2
Commissioner of Building Control
Defined · s 2
“Commissioner of Building Control”, in relation to this Act or any Part or provision of this Act, means any Commissioner of Building Control appointed under section 3(1) to be responsible for the operation of this Act or that Part or provision, as the case may be;
Open s 2
design score
Defined · s 22FA
“design score”, in relation to an existing building for which a major energy use change is proposed, means the ES score projected for that building upon the completion of the major energy use change, assessed based on the design of the proposed major energy use change;
Open s 22FA
major energy use change
Defined · s 22FA
“major energy use change”, in relation to an existing building, means —(a)the installation, substantial alteration or replacement of a prescribed cooling system of the building; or(b)any other change to the energy requirements of the building that may be prescribed;
Open s 22FA
mechanical engineer
Defined · s 22FA
“mechanical engineer” means a professional engineer registered under the Professional Engineers Act 1991 in the branch of mechanical engineering who has in force a practising certificate issued under that Act;
Open s 22FA
minimum environmental sustainability standard
Defined · s 22FA
“minimum environmental sustainability standard”, in relation to any building, means the prescribed minimum standard of environmental sustainability applicable to that building, or to a building of that type or class, expressed in terms of a ES score and other specified requirements;
Open s 22FA
prescribed
Defined · s 29A
“prescribed” means prescribed in the regulations made under section 29L.
Open s 29A
Type 2 building
Defined · s 22FA
“Type 2 building” means an existing building, or part of an existing building, of any class or type for the time being prescribed for the purposes of Division 5.
Open s 22FA

Read on from s 22FZB

Part 4

Dangerous Buildings and Occurrences

Read on from Part 4

Part 4A

Maintenance of Buildings

Read on from Part 4A

Part 5

Inspection of Buildings and Building Façades

Read on from Part 5

Part 5A

Licensing of Builders

Read on from Part 5A

Part 5B

Regulating Fixed Installation Contractors

Read on from Part 5B

Part 6

Miscellaneous

Read on from Part 6