South Australian Repealed Regulations

This legislation has been repealed.

DEVELOPMENT REGULATIONS 1993 - REG 76

76—Essential safety provisions

        (1)         This regulation applies in relation to a building in which essential safety provisions are installed or required to be installed or to be inspected, tested or maintained under the Building Code or any former regulations under the Building Act 1971 .

        (1a)         This regulation does not apply if the building is a Class 1a or 10 building under the Building Code .

        (2)         In this regulation, a reference to maintenance in respect of essential safety provisions includes a reference to replacing the safety provisions, and to keeping records relating to the carrying out of maintenance work on the safety provisions.

        (3)         A relevant authority or council must—

            (a)         on granting a building rules consent in relation to the construction of a building to which this regulation applies; or

            (ab)         on the assignment of a change in the classification of a building to which this regulation applies in a case where there is no building work; or

            (b)         on application by the owner of a building to which this regulation applies and payment of the appropriate fee set out in Schedule 6; or

        (Ba.)         on issuing any other certification with respect to building work complying with the Building Rules in a case where this regulation applies,

issue a schedule in the appropriate form under Schedule 16 that specifies—

            (c)         the essential safety provisions for the building; and

            (d)         the standards or other requirements for maintenance and testing in respect of each of those essential safety provisions as set out in Minister's Specification SA 76.

        (3a)         The owner of a building in which essential safety provisions must be installed must, within a reasonable time after installation of those provisions, provide to the council a certificate of compliance for each essential safety provision, in the appropriate form under Schedule 16, signed by the installer of the safety provision or, if the installer is a company, signed by the manager responsible for the installation work.

        (4)         The owner must not use or permit the use of a building to which this regulation applies unless maintenance and testing have been carried out in respect of each essential safety provision of the building in accordance with Minister's Specification SA 76 as in force at the time of the consent in respect of the building work in the course of which the essential safety provision was installed or, in the case of a building in which essential safety provisions were required under any former regulations under the Building Act 1971 , in accordance with the requirements that applied to that building under those regulations.

        (5)         The owner of a building in relation to which a schedule of essential safety provisions has been issued must, as soon as practicable after the end of each calendar year, provide to the council adequate proof of the carrying out of maintenance and testing in respect of those safety provisions for that calendar year as required under subregulation (4).

        (6)         An owner complies with subregulation (5) if a certificate in the appropriate form under Schedule 16 and signed by the owner or the manager of the building is lodged with the council certifying that maintenance and testing have been carried out in respect of the essential safety provisions of the building for the relevant calendar year as required under subregulation (4).

        (7)         Subregulation (5) does not apply if—

            (a)         the building is a Class 1b building under the Building Code ; or

            (b)         the building is a Class 2 building under the Building Code that does not have a rise in storeys exceeding 3 and does not have a floor area exceeding 2 000 square metres; or

            (c)         the building is a Class 3, 4, 5, 6, 7, 8 or 9b building under the Building Code that does not have a rise in storeys exceeding 2 and does not have a floor area exceeding 500 square metres,

and the building is not subject to a requirement under subregulation (8). ¹

        (8)         Despite subregulation (7), the council may require compliance with subregulation (5) if—

            (a)         the essential safety provisions were installed under a condition attached to a consent or approval that is expressed to apply by virtue of a variance with the performance requirements of the Building Code ; or

            (b)         the building has been the subject of a notice under section 71 of the Act.

Note—

1         See Schedule 17 for a summary of these provisions in table form.