Queensland Consolidated Acts Queensland Consolidated Acts2010 Act commencement day means the day the Building and Other Legislation Amendment Act (No. 2) 2010, part 4, commences.
accommodation agreement see section 231A.
accreditation standards body see section 184(1).
adjoining land see section 245XA.
adjoining owner, for chapter 8, part 2A, see section 245XA.
advice agency means an advice agency under the Planning Act.
AIBS means the Australian Institute of Building Surveyors.
allotment means a separate, distinct parcel of land on which a building is to be built, or is built.
alterations, to an existing building or structure, includes additions to the building or structure.
alternative solution means a material, system, method of building or other thing, other than the following, intended to be used by a person to comply with relevant performance requirements—
(a) if the relevant performance requirements are under the BCA—a building solution under the BCA that complies with the deemed-to-satisfy provisions under the BCA for the performance requirements;
(b) if the relevant performance requirements are under the QDC—an acceptable solution under the QDC for the performance requirements.
amending Act, for chapter 11, part 10, see section 290.
another relevant Act means any of the following—
(a) the Planning Act;
(b) Queensland Building Services Authority Act 1991;
(c) Building and Construction Industry (Portable Long Service Leave) Act 1991;
(d) a law of another State or New Zealand that provides for the same matter as this Act or a provision of this Act.
appropriately licensed for—
(a) a building certifying function—means licensed under chapter 6, part 3, division 1 at a level that allows the licensee to carry out that function; or
(b) a private certifying function—means licensed as mentioned in paragraph (a) and endorsed under chapter 6, part 3, division 3, in a way that allows the licensee to carry out that function.
approval documents, for a building development application, means each of the following—
(a) the decision notice or negotiated decision notice for the application;
(b) a copy of the plans, drawings and specifications and other documents and information lodged by the applicant, stamped approved or otherwise endorsed by the assessment manager;
(c) a list of required fire safety installations and required special fire services applying to the building work;
(d) certificates relied on to decide the application;
(e) a list, in the approved form, of any of the following information relied on to decide the application—
(i) the physical characteristics and location of infrastructure related to the application;
(ii) local government easements, encumbrances or estates or interests in land likely to be relevant to the application;
(iii) site characteristic information likely to affect the assessment of the application;
Examples—
design levels of proposed road or footway works
design or location of stormwater connections
design or location of vehicle crossings
details of any heritage listed buildings
discharge of swimming pool backwash water
flood level information
limitations on driveway gradients
limitations on the capacity of sewerage, stormwater and water supply services
location of any erosion control districts
location of contaminated land
location of landslip areas
location of mine subsidence areas
(f) if the application relates to building work that uses an alternative solution and the assessment manager approved the application on the basis of the alternative solution—the statement required under section 68A.
approved form means a form approved under section 254.
approved pool safety management plan means a pool safety management plan approved and in effect under chapter 8, part 2, division 6.
approved training course means a training course conducted by an eligible course provider and approved under section 246DI or 246DL.
assessable development see the Planning Act, schedule 3.
assessment category, for an RCB, for chapter 7A, see section 231AD.
assessment manager see section 11.
assessor means a person appointed as an assessor under section 246DW.
assistant building surveyor means a building certifier who, under section 151, is licensed as an assistant building surveyor.
auditor see section 195(1).
authorised officer means—
(a) a fire service officer under the Fire and Rescue Service Act 1990; or
(b) an authorised person under the Local Government Act 2009 carrying out functions relating to this Act.
bathroom, for chapter 8A, part 2, see section 246M.
BCA see section 12.
BCA classification, for a building, means its classification under BCA.
Note—
For the classifications under the BCA, see BCA, part A3.
BCA classification or use change see section 109.
BSA means the Queensland Building Services Authority established under the Queensland Building Services Authority Act 1991.
budget accommodation building see section 216.
build includes—
(a) starting or continuing to build; and
(b) doing, or starting or continuing to do, work in the course of or for building; and
(c) performing structural work or altering or adding to a building; and
(d) moving a building from 1 position to a different position (whether on the same allotment, another allotment or partly on the same and partly on another allotment).
building—
1 A building is a fixed structure that is wholly or partly enclosed by walls or is roofed.
2 The term includes a floating building and any part of a building.
building and development dispute resolution committee means a building and development dispute resolution committee established under the Planning Act, section 502.
building assessment provisions see section 30(1).
building assessment work see section 7.
building certifier see section 8.
building certifying function see section 10.
Building Code of Australia see section 12.
building development application see section 6.
building development approval means a development approval to the extent it is for building work.
building site means a place where building work has been, is being, or is about to be, carried out.
building surveying technician means a building certifier who, under section 151, is licensed as a building surveying technician.
building surveyor means a building certifier who, under section 151, is licensed as a building surveyor.
building work see section 5.
certificate of classification—
1 A certificate of classification, for a building or structure, is a certificate about its BCA classification, given under chapter 5, that, under section 106, is still in force.
2 The term includes an interim certificate of classification given under section 104.
certificate of competency means a certificate issued by an eligible course provider to an individual that states the individual has satisfactorily completed an approved training course and is competent to perform pool safety inspection functions.
certificate requirements see section 102(2).
certify, for building work, means certifying, under this Act, that the work complies with the building development approval.
chief executive (health) means the chief executive of the department in which the Health Services Act 1991 is administered.
class, for a building or structure, means its particular BCA classification.
client, of a private certifier, see section 138(5).
code of conduct see section 129(1).
code of conduct for pool safety inspectors see section 246AZ(1).
common areas, for a residential park, see the Manufactured Homes (Residential Parks) Act 2003, schedule.
complaint means—
(a) for chapter 6—a complaint made under chapter 6, part 4 about a building certifier or former building certifier; or
(b) for chapter 8—a complaint made under chapter 8, part 7 about a pool safety inspector or former pool safety inspector.
compliance audit, for chapter 8, part 8, division 6, see section 246DQ.
compliance certificate see section 10(b).
complies, with the BCA or QDC, see section 14.
complying pool, for chapter 8, see section 231A.
concurrence agency means a concurrence agency under the Planning Act.
condition time, for chapter 4, part 7, division 2, see section 94(1).
construct, for a regulated pool, includes install or place the pool on land, including within a building.
Examples—
1 A person constructs a regulated pool if the person installs the pool above ground level on land or in a building.
2 A person constructs a regulated pool if the pool is portable and the person places it, ready to be filled with water, on land or in a building.
convicted, of a relevant offence—
1 Convicted, of a relevant offence, is a conviction, other than a spent conviction, for an offence—
(a) under this Act or another relevant Act; or
(b) involving fraud or dishonesty; or
(c) against a law of another State if the act or omission that constitutes the offence would, if it happens in Queensland, be an offence under this Act or another relevant Act; or
(d) committed anywhere in Australia before this section commenced that, apart from the non-commencement of this section, would have been an offence mentioned in paragraph (a) or (b).
2 For paragraph 1—
(a) a conviction includes a finding of guilt, or the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded; and
(b) a spent conviction is a conviction—
(i) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and
(ii) that is not revived as prescribed by section 11 of that Act.
court means the Planning and Environment Court.
criminal history, of a person, means the person's criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986, other than for a conviction—
(a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and
(b) that is not revived as prescribed by section 11 of that Act.
current sustainability declaration, for chapter 8A, part 1, see section 246A.
decision notice, for a development application, means a decision notice under the Planning Act, section 334.
decision period, for an application made under chapter 8, means—
(a) 40 business days after the application is made; or
(b) if PSC asks for further information or documents to decide the application, the sum of the following days after the application is made—
(i) 40 business days;
(ii) the number of business days from the day PSC asks for the further information or documents to the day PSC receives the further information or documents.
demolition/removal completion condition see section 71(4).
development application see the Planning Act, schedule 3.
development approval see the Planning Act, schedule 3.
development approval endorsement see section 160(b).
development permit see the Planning Act, section 243.
dividing fence, for chapter 8, part 2A, see section 245XA.
dividing fence has the meaning given by the Neighbourhood Disputes Resolution Act 2011.
eligible course provider see section 246DG(1).
energy efficient, for chapter 8A, part 2, see section 246M.
enforcement action means the giving, under chapter 9, of a show cause notice and an enforcement notice and taking action under the Planning Act, chapter 7, part 3, divisions 2 and 3.
enforcement notice see section 248(1).
engagement, of a private certifier, see section 138(4).
exemption period, for chapter 11, part 11, see section 301.
fence, for chapter 8, part 2A, see section 245XA.
fencing standards, for chapter 11, part 10, see section 290.
fencing work see section 245XA.
final inspection certificate, for building work, see section 10(d)(ii).
fire safety installation—
1 A fire safety installation, for a building or structure, means any of the following items for the building or structure—
(a) structural features—
(b) fire protection systems—
(c) firefighting equipment—
(d) occupant safety features—
(e) other features—
2 However, the term does not include interconnected alarms in budget accommodation buildings to which chapter 7, part 3 applies.
3 Also, if an alternative solution to a performance requirement under the BCA relating to the fire safety system has been used for a building or structure, a fire safety installation, for the building or structure, includes any thing required to comply with the alternative solution.
fire safety management plan see the Fire and Rescue Service Act 1990, section 104FC.
fire safety (RCB) compliance certificate, for chapter 7A, see section 231AI(6).
fire safety standard see section 217(1).
fire safety standard (RCB) see section 231AE.
fire safety system, for chapter 7, see section 215.
floor area, for a building, means the gross area of all floors in the building measured over the enclosing walls other than the area of a verandah, roofed terrace, patio, garage or carport in or attached to the building.
former building certifier means an individual who—
(a) was a building certifier when a building certifying function, the subject of a complaint, was performed; but
(b) is not licensed when—
(i) the complaint, or the decision taken about the complaint under section 204(1), is made; or
(ii) the tribunal makes an order under section 212.
former pool safety inspector means an individual who—
(a) was a pool safety inspector when a pool safety inspection function, the subject of a complaint, was performed; but
(b) is not licensed as a pool safety inspector when—
(i) the complaint, or the decision taken about the complaint under section 246CY(1), is made; or
(ii) the tribunal makes an order under section 246DD.
fund see section 246FB.
ground for disciplinary action, against a pool safety inspector or former pool safety inspector, includes the following—
(a) conduct that shows incompetence, or a lack of adequate knowledge, skill, judgment, integrity, diligence or care in performing pool safety inspection functions;
(b) conduct that compromises the health or safety of a person;
(c) conduct that is contrary to a function under this Act, including, for example—
(i) disregarding relevant and appropriate matters; and
(ii) acting outside the scope of the pool safety inspector's powers; and
(iii) acting beyond the scope of the pool safety inspector's competence; and
(iv) contravening the code of conduct for pool safety inspectors;
(d) seeking, accepting or agreeing to accept a benefit, whether for the benefit of the pool safety inspector or another person, as a reward or inducement to act in contravention of this Act;
(e) failing to comply with an order of PSC or the tribunal;
(f) accumulating the number of demerit points prescribed under a regulation for this provision in the period prescribed under a regulation;
(g) fraudulent or dishonest behaviour in performing pool safety inspection functions;
(h) other improper or unethical conduct;
(i) conduct that is of a lesser standard than the standard that might reasonably be expected of the pool safety inspector by the public or the pool safety inspector's professional peers.
homestay or assisted accommodation agreement, for chapter 8, see section 231A.
IDAS means the system detailed in the Planning Act, chapter 6, for integrating State and local government assessment and approval processes for development.
identification number, for a pool safety certificate, see section 246AJ(2).
imposed condition see section 69(4).
indoor swimming pool means—
(a) a swimming pool completely enclosed by the walls of a building; or
(b) a swimming pool on a deck or roof top of a building if the pool is, under the usual ways of entering or leaving the building, only accessible from the inside of the building.
information notice, for a decision, means—
(a) if the decision may be appealed under the Planning Act—a notice stating—
(i) the decision, and the reasons for it; and
(ii) all rights of appeal against the decision under the Planning Act; and
(iii) how the rights are to be exercised; or
(b) if an application may be made to the tribunal for a review of the decision—a notice complying with the QCAT Act, section 157(2) for the decision.
inspection, of a regulated pool, means an inspection of the pool carried out under best industry practice.
inspection documentation, for inspection of building work, means the following documents given for the building work—
(a) a compliance certificate;
(b) a notice, given to the builder for the work by or for the building certifier about an inspection of the work;
(c) a certificate about an inspection under this Act;
(d) a final inspection certificate;
(e) a certificate of classification;
(f) a certificate relating to the inspection of the building work relied on by the relevant building certifier.
investigator see section 246CP(1).
LGAQ means the LGAQ Ltd. under the Local Government Act 2009, section 287(2).
licence means—
(a) generally—a licence as a building certifier, issued under chapter 6, part 3; or
(b) for chapter 8—a licence as a pool safety inspector, issued under chapter 8, part 6.
licensed builder means a licensed builder under the Queensland Building Services Authority Act 1991.
local government building certifier for—
(a) a building—means a building certifier appointed or employed by the local government for the building; or
(b) a building development application or development approval—means a building certifier appointed or employed by the local government for the application or approval; or
(c) for a provision about an RCB to which chapter 7A applies—means a building certifier appointed or employed by the relevant local government.
local planning instrument see the Planning Act, schedule 3.
manufactured home see the Manufactured Homes (Residential Parks) Act 2003, section 10.
member, of a person's family, means the person and each of the following—
(a) the person's spouse;
(b) the parents of the person or the person's spouse;
(c) the grandparents of the person or the person's spouse;
(d) a brother, sister, nephew, niece or first cousin of the person or the person's spouse;
(e) a child, stepchild or grandchild of the person;
(f) the spouse of anyone mentioned in paragraph (b), (c), (d) or (e).
member, of PSC, see section 246EK(1).
Ministerial direction see section 246FG(1).
minor repairs see section 246BE(1).
moveable dwelling see the Residential Tenancies and Rooming Accommodation Act 2008, schedule 2.
moveable dwelling park see the Residential Tenancies and Rooming Accommodation Act 2008, schedule 2.
moveable dwelling premises see the Residential Tenancies and Rooming Accommodation Act 2008, schedule 2.
negotiated decision notice see the Planning Act, section 363(1).
Neighbourhood Disputes Act means the Neighbourhood Disputes Resolution Act 2011.
neighbouring pool see section 245XA.
notice means a written notice.
notice of proposed fencing work see section 245XA.
outdoor swimming pool means a swimming pool other than an indoor swimming pool.
owner, for land, for chapter 8, part 2A, see section 245XA.
owner, of a building or structure, means—
(a) if the building or structure is subject to the Integrated Resort Development Act 1987 or the Sanctuary Cove Resort Act 1985—
(i) for a single lot in the building or structure—the registered proprietor; or
(ii) for 2 or more lots in the building or structure—the primary thoroughfare body corporate; or
(b) if the building or structure is subject to the Mixed Use Development Act 1993—
(i) for a single lot in the building or structure—the registered proprietor; or
(ii) for 2 or more lots in the building or structure—the community body corporate; or
(c) subject to paragraphs (a) and (b), if the building or structure is subject to the Building Units and Group Titles Act 1980—
(i) for a single lot in the building or structure—the registered proprietor; or
(ii) for 2 or more lots in the building or structure—the body corporate; or
(d) if the building or structure is, under the Body Corporate and Community Management Act 1997, on scheme land for a single community titles scheme—
(i) for a single lot in the building or structure—the registered proprietor; or
(ii) for 2 or more lots in the building or structure—the body corporate for the scheme; or
(e) if the building or structure is, under the Body Corporate and Community Management Act 1997, on scheme land for 2 or more community titles schemes—
(i) for a single lot in the building or structure—the registered proprietor; or
(ii) for 2 or more lots in the building or structure—the body corporate for the community titles scheme that is a principal scheme; or
(f) if the building or structure is part of a time-sharing scheme and the name and address of a person has been notified under the Local Government Act 2009 as the person who will accept service for the owners—the person; or
(g) if the building or structure is on land being bought from the State for an estate in fee simple under the Land Act 1994—the buyer; or
(h) if the building or structure is on land granted in trust or reserved and set apart and placed under the control of trustees under the Land Act 1994—the trustees of the land; or
(i) if paragraphs (a) to (h) do not apply—the person for the time being entitled to receive the rent for the building or structure or would be entitled to receive the rent for the building or structure if the building or structure were let to a tenant at a rent.
owner, of a regulated pool, means—
(a) for a regulated pool on land or in a building or structure that is subject to the Integrated Resort Development Act 1987 or the Sanctuary Cove Resort Act 1985—
(i) if the pool is situated on a single lot—the registered proprietor of the lot; or
(ii) if the pool is situated on common property under the Act—the primary thoroughfare body corporate for the common property; or
(b) for a regulated pool on land or in a building or structure that is subject to the Mixed Use Development Act 1993—
(i) if the pool is situated on a single lot—the registered proprietor of the lot; or
(ii) if the pool is situated on a community property lot under the Act—the community body corporate for the lot; or
(c) subject to paragraphs (a) and (b), for a regulated pool on land or in a building or structure that is subject to the Building Units and Group Titles Act 1980—
(i) if the pool is situated on a single lot—the registered proprietor of the lot; or
(ii) if the pool is situated on common property under the Act—the body corporate for the common property; or
(d) for a regulated pool on land or in a building or structure that is, under the Body Corporate and Community Management Act 1997, on scheme land for a single community titles scheme—
(i) if the pool is situated on a single lot—the registered proprietor of the lot; or
(ii) if the pool is situated on common property under the Act for the community titles scheme—the body corporate for the scheme; or
(e) for a regulated pool on land or in a building or structure that is, under the Body Corporate and Community Management Act 1997, on scheme land for 2 or more community titles schemes—
(i) if the pool is situated on a single lot—the registered proprietor of the lot; or
(ii) if the pool is situated on common property under the Act for a community titles scheme—the body corporate for the community titles scheme that is a principal scheme; or
(f) for a regulated pool on land, or in a building or structure on land, granted in trust or reserved and set apart and placed under the control of trustees under the Land Act 1994—the trustees of the land; or
(g) for a regulated pool situated on a moveable dwelling or the site in a moveable dwelling park where the dwelling is situated—
(i) generally—the owner of the moveable dwelling; or
(ii) if the occupier of the moveable dwelling is the owner of the pool but not the owner of the dwelling—the occupier; or
(h) for a regulated pool on a moveable dwelling park, other than on moveable dwelling premises in the park—the owner of the park; or
(i) for a regulated pool on a manufactured home in a residential park, or on the site in the park where the home is situated—
(i) generally—the owner of the manufactured home; or
(ii) if the occupier of the manufactured home is the owner of the pool but not the owner of the home—the occupier; or
(j) for a regulated pool on the common areas of a residential park—the owner of the residential park; or
(k) if paragraphs (a) to (j) do not apply—
(i) generally—the owner of the land, building or structure on which the pool is situated; or
(ii) if the occupier of the land, building or structure, or that part of any land, building or structure, on which the pool is situated is the owner of the pool but not the owner of the land, building or structure—the occupier.
performance requirements means any of the following—
(a) the performance requirements under the BCA;
(b) the performance criteria under the QDC;
(c) a requirement for the assessment of building work for which a discretion may need to be exercised under this Act.
Planning Act means the Sustainable Planning Act 2009.
planning scheme see the Planning Act, section 79.
pool barrier see section 245XA.
pool immersion incident, for chapter 8, see section 231A.
pool owner see section 245XA.
pool safety certificate see section 231C(a).
pool safety inspection function, for chapter 8, see section 231C.
pool safety inspector means an individual who, under chapter 8, part 6, is licensed as a pool safety inspector.
pool safety inspectors register see section 246CB(1).
pool safety inspector test means a test of knowledge of pool safety and the performance of pool safety inspection functions, approved by the chief executive.
pool safety management plan see section 245K.
pool safety measures see section 245M(3).
pool safety standard, for chapter 8, see section 231D.
pool safety standard application day, see section 231A.
pool site means a place where a regulated pool is situated.
portable wading pool means a pool that—
(a) is capable of being filled with water to a depth of no more than 300mm; and
(b) has a volume of no more than 2000L; and
(c) has no filtration system.
prescribed building, for chapter 8A, part 2, see section 246M.
prescribed professional indemnity insurance means the professional indemnity insurance prescribed under a regulation.
previous, for chapter 11, part 10, see section 290.
private certification endorsement see section 160(a).
private certifier see section 9(1).
private certifier (class A) see section 9(2).
private certifier (class B) see section 9(3).
private certifier employer see section 138(1)(b).
private certifying functions see section 47(3).
professional misconduct, for a building certifier or former building certifier, includes the following—
(a) conduct that—
(i) shows incompetence, or a lack of adequate knowledge, skill, judgment, integrity, diligence or care in performing building certifying functions; and
(ii) compromises the health or safety of a person or the amenity of a person's property or significantly conflicts with a local planning scheme; and
Example of significantly conflicts with a local planning scheme—
The approved building work compromises the outcomes sought by the planning scheme.
(iii) is contrary to a function under this Act or another Act regulating building certifiers (including private certifiers for building work), including, for example—
(A) disregarding relevant and appropriate matters; and
(B) acting outside the scope of the building certifier's powers; and
(C) acting beyond the scope of the building certifier's competence; and
(D) contravening the code of conduct; and
(E) falsely claiming the building certifier has the qualifications, necessary experience or licence to be engaged as a building certifier;
(b) seeking, accepting or agreeing to accept a benefit, whether for the benefit of the building certifier or another person, as a reward or inducement to act in contravention of—
(i) this Act; or
(ii) another Act regulating building certifiers, including private certifiers for building work;
(c) failing to comply with an order of the BSA or the tribunal;
(d) fraudulent or dishonest behaviour in performing building certifying functions;
(e) other improper or unethical conduct;
(f) repeated unsatisfactory conduct.
properly made application, for a building development application, means a building development application that—
(a) is a properly made development application under the Planning Act; and
(b) complies with any relevant additional requirements under chapter 3 for building development applications.
proposed regulated pool, for chapter 8, part 2A, see section 245XA.
PSC means the Pool Safety Council established under section 246EF.
public sector entity means—
(a) a department or part of a department; or
(b) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act for a public or State purpose.
publish, for chapter 8A, part 1, see section 246A.
QDC see section 13.
QDC boundary clearance and site cover provisions means the aspects, mentioned in schedule 1, of parts MP 1.1 and MP 1.2 of the document called 'Queensland Development Code', published by the department.
QFRS means the Queensland Fire and Rescue Service established under the Fire and Rescue Service Act 1990.
Queensland Development Code see section 13.
railway land, for chapter 8B, see section 246W.
RCB, for chapter 7A, see section 231AB.
RCB assessment report, for chapter 7A, see section 231AI(1).
RCB assessor, for chapter 7A, see section 231AF.
referral agency means a referral agency under the Planning Act.
register, when used as a noun, means the register of building certifiers that BSA keeps under section 179.
registered training organisation see the Vocational Education, Training and Employment Act 2000, schedule 3.
registrar means the person holding office under an appointment made under section 246FA.
regulated land, for chapter 8, see section 231A.
regulated pools register see section 246AS.
regulated premises see section 246ATD.
reinspection period see section 246AB(2)(d).
relevant advertisement, for chapter 8A, part 1, see section 246A.
relevant building surveying technician, for chapter 11, part 11, see section 301.
relevant certifying function, for chapter 11, part 11, see section 301.
relevant instrument, for chapter 8A, part 2, see section 246M.
relevant regulated pool, for chapter 8, part 4, division 5, see section 246ATD.
residential care building see section 231AC.
residential land means land on which a class 1 or 2 building is constructed, or is to be constructed, and includes land—
(a) adjacent to the land; and
(b) in the same ownership as the land; and
(c) used in association with the land.
residential park see the Manufactured Homes (Residential Parks) Act 2003, section 12.
revocation notice—
(a) for chapter 8, part 2, division 3—see section 242(3); and
(b) for chapter 8, part 2, division 4—see section 245E(3).
road, for chapter 8B, see section 246W.
self-assessable building work see section 21(3).
seller, for chapter 8A, part 1, see section 246A.
shared pool, for chapter 8, see section 231A.
show cause notice, for—
(a) chapter 6, part 3—see section 175(1); or
(b) chapter 6, part 4—see section 206(1); or
(c) chapter 8, part 6, division 4, subdivision 2—see section 246BX(1); or
(d) chapter 8, part 8, division 5—see section 246DN(1); or
(e) chapter 9—see section 247(1).
show cause period, for—
(a) chapter 6, part 3—see section 175(2)(f); or
(b) chapter 6, part 4—see section 206(2)(c); or
(c) chapter 8, part 6, division 4, subdivision 2—see section 246BX(2)(f); or
(d) chapter 8, part 8, division 5—see section 246DN(2)(e).
site works means each of the following—
(a) building work of a type mentioned in section 5(1)(b) or (c);
(b) drainage for the building work, other than drainage that is plumbing work or drainage work under the Plumbing and Drainage Act 2002.
solar hot water system, for chapter 8A, part 2, see section 246M.
SPA compliance certificate means a compliance certificate under the Planning Act.
SPA compliance permit means a compliance permit under the Planning Act.
special fire service means any of the following—
(a) fire mains (other than fire mains that connect only fire hose reels);
(b) fire hydrants;
(c) sprinklers (including wall-wetting sprinklers);
(d) special automatic fire suppression systems (including foam, deluge and gas flooding systems);
(e) fire detection and alarm systems (other than stand-alone smoke alarms not required to be interconnected or connected to a fire indicator panel);
(f) fire control centres;
(g) stairwell pressurisation systems;
(h) air-handling systems used for smoke control;
(i) smoke and heat venting systems;
(j) smoke exhaust systems;
(k) emergency warning and intercommunication systems;
(l) emergency lifts;
(m) vehicular access for large isolated buildings;
(n) services provided under conditions imposed under section 79;
(o) services required under the BCA, clause E1.10.
special purpose fence, for chapter 8, part 2A, see section 245XA.
special structure means a structure that can not be classified under the BCA, part A3.
State includes territory.
State-controlled road, for chapter 8B, see section 246W.
structure includes a wall or fence and anything fixed to or projecting from a building, wall, fence or other structure.
substantially completed, for a building, see section 101.
sufficient dividing fence, for chapter 8, part 2A, see section 245XA.
supporting documents, for a building development application, see section 23.
sustainability declaration see section 246A.
swimming pool means an excavation or structure—
(a) capable of being filled with water to a depth of 300mm or more; and
(b) capable of being used for swimming, bathing, wading, paddling or some other human aquatic activity; and
(c) solely or principally used, or designed, manufactured or adapted to be solely or principally used, for the purposes mentioned in paragraph (b) despite its current use;
and includes a spa pool, spa tub or similar thing (whether portable or fixed) and a wading pool (other than a portable wading pool), but does not include—
(d) a fish pond or pool solely or principally used, or designed, manufactured or adapted to be solely or principally used, for ornamental purposes; or
(e) a dam or tank solely or principally used, or designed, manufactured or adapted to be solely or principally used, for aquaculture, marine research or storage of water; or
(f) a watercourse; or
(g) a portable wading pool; or
(h) a spa bath situated in a bathroom, other than a spa bath continually filled with water to a depth of more than 300mm; or
(i) a birthing pool used solely for waterbirths.
training course guidelines see section 246EC(1).
transport chief executive, for chapter 8B, see section 246W.
Transport Infrastructure Act, for chapter 8B, see section 246W.
transport noise corridor see section 246W.
treat, for chapter 8A, part 2, see section 246M.
tribunal means QCAT.
type A construction, for chapter 7A, see section 231AB.
type B construction, for chapter 7A, see section 231AB.
type C construction, for chapter 7A, see section 231AB.
unamended Act, for chapter 11, part 10, see section 290.
unsatisfactory conduct, for a building certifier or former building certifier, includes the following—
(a) conduct that shows incompetence, or a lack of adequate knowledge, skill, judgment, integrity, diligence or care in performing building or private certifying functions;
(b) conduct that is contrary to a function under this Act or another Act regulating building certifiers (including private certifiers for building work), including, for example—
(i) disregarding relevant and appropriate matters; and
(ii) acting outside the scope of the building certifier's powers; and
(iii) acting beyond the scope of the building certifier's competence; and
(iv) contravening the code of conduct;
(c) conduct that is of a lesser standard than the standard that might reasonably be expected of the building certifier by the public or the building certifier's professional peers.
variation application see section 38(1).
watercourse means—
(a) a canal, creek, river or stream in which water flows permanently or intermittently; or
(b) an ocean, a lake or other collection of water (whether permanent or intermittent).
young child means a child under the age of 5 years.