In forceAmended2020 Revised Edition

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Building Control Act 1989 · 2020 Revised Edition · Part 4 · Dangerous Buildings and Occurrences

22G. Interpretation of this Part

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Amended

Last amended by an amending law of 2020.

(1)

In this Part —

“building” includes a building or any part of a building in respect of which building works are being carried out;

“building product” means any product, material, assembly of components, software or other thing that is, or could be, used in a building and is prescribed by building regulations to be a building product for the purposes of Division 2;

“reportable matter” means —

(a)

any safety incident that —

(i)

occurs on or after the date of commencement of section 19 of the Building Control (Amendment) Act 2020;

(ii)

involves an exterior feature or a fixed installation; and

(iii)

is prescribed by building regulations to be a reportable safety incident for the purposes of this Part; or

(b)

any safety risk that —

(i)

involves the use of a building product (even if the building product was used in a building before the date of commencement of section 19 of the Building Control (Amendment) Act 2020); and

(ii)

is prescribed by building regulations to be a reportable safety risk for the purposes of this Part;

“safety incident”, in relation to an exterior feature of a building or a fixed installation, means —

(a)

any situation where an individual dies, or is injured as a result of, an incident associated with the condition of the exterior feature or the operation of the fixed installation;

(b)

any situation where any property (other than the exterior feature or fixed installation itself) is damaged as a result of an incident associated with the condition of the exterior feature or the operation of the fixed installation; or

(c)

any situation or condition involving the exterior feature or fixed installation which endangers or which, if not corrected or if left unattended, would —

(i)

endanger the occupants of the building or any other person; and

(ii)

induce a situation described in paragraph (a) or (b);

“safety risk”, in relation to a building product, means a feature of the design or construction of —

(a)

the building product; or

(b)

a component, accessory or other part of a building product,such that the use of the building product in a building poses to any occupant of the building, or any member of the public in or in the vicinity of the building, risk of death or serious injury arising from the use of the building product in the building.

(2)

For the purpose of the definition of “safety risk” in subsection (1) and this Part —

(a)

a risk can be considered to arise from the use of a building product in a building even if the risk will only arise in certain circumstances or if some other event occurs, such as fire;

(b)

a building product is used in a building if it is or is to be incorporated into, connected to, or otherwise installed in a building by means of building works; and

(c)

use of a building product in a building includes a misuse of a building product in a building.

Terms defined in this Act

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
building regulations
Defined · s 2
“building regulations” means any regulations made under section 49;
Open s 2
building works
Defined · s 2
“building works” means —(a)the erection, extension or demolition of a building;(b)the alteration, addition or repair of a building;(c)the provision, extension or alteration of any air conditioning service or ventilating system in or in connection with a building,and includes any fixed installation works, and any site formation works connected with or carried out for the purpose of paragraph (a), (b) or (c);
Open s 2
exterior feature
Defined · s 2
“exterior feature”, in relation to any building, means any permanent feature of a building that —(a)is installed on, forms part of or projects outwards from the roof or exterior of the building; and(b)is prescribed by building regulations;
Open s 2
fixed installation
Defined · s 2
“fixed installation” means any of the following machine-powered installations:(a)an escalator;(b)a lift;(c)a mechanised car parking system,and includes any supporting structure, machinery, equipment, apparatus and enclosure used or designed for use for operating a fixed installation;
Open s 2
prescribed
Defined · s 29A
“prescribed” means prescribed in the regulations made under section 29L.
Open s 29A
safety incident
Defined · s 2
“safety incident” has the meaning given by section 22G(1);
Open s 2

Report

Read on from s 23

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