Regulators & Regulations
Compliance Versus Workmanship
Federal, State, and Local Government bodies regulate building work and/or develop building and construction regulations. Typically, legislation (an Act of Parliament) provides Regulators with powers to regulate building work. The Act then references Regulations that prescribe how building works are to be administered by the Regulator.
Compliance
Building Regulations 1989 reference the BCA and give it legal status as a technical manual. The BCA in turn references a specific Australian Standards and gives them legal (compliance) status.
Licenced trade work (plumbing, gas, electrical) is outside the scope of the BCA. For this work other regulations (see below) prescribe the Australian Standard(s) that applies.
The BCA prescribes two options for DTS compliance:
Option A: Acceptable Construction Manual (ACM)
Using Part 3.8.1 Wet areas as an example, under Option A is clause 3.8.1.0. This clause then references AS 3740 Waterproofing of wet areas as the manual that describes DTS construction. When this option is nominated all work must comply with the referenced Standard – as well as the sub-referenced secondary and tertiary Standards.
Option B: Acceptable Construction Practice (ACP)
Again, using Part 3.8.1 Wet areas as the example, under Option B are the ACP clauses. When this option is nominated the scope of work is limited to that described by the ACP clauses – reference to any Standard is excluded, except where referenced to define product and/or material performance (clause 3.8.1.3(d) states membranes meeting the requirements of AS/NZS 4858).
The BCA deems that ACM and ACP are equivalent. If the specification doesn’t nominate ACP (specification states “as per the BCA”) and there is a dispute, then the ACM can be used to decide the outcome.
Workmanship
Workmanship is a contracting (purchase) expectation – not a BCA compliance requirement.
For example, floor and wall tiling is outside the scope of BCA compliance. Whilst an Australian Standard is published (AS 3958.1-2007 Ceramic tiles – Guide to the installation of ceramic tiles), it is not referenced by the BCA.
If the specification provides a reasonable description of work practice, then it is possible to exclude further reference to workmanship Standards. If the specification does not provide a reasonable description and there is a dispute, then the relevant Australian Standard becomes the default description of acceptable work practice.
Building Work
Building Code of Australia (BCA)
The Australian Building Codes Board publishes the BCA in two volumes:
- Volume One – Class 2 – 4 Buildings (typically residential apartments) and Class 5 – 9 Buildings (typically commercial buildings).
- Volume Two – Class 1 (housing – single and attached dwellings) and Class 10 Buildings (non-habitable building or structure).
Building professionals must familiarise themselves with the provisions of the BCA. The BCA is amended annually (1 May each year). The BCA is available in hardcopy, CD and on-line formats. To subscribe or renew a BCA subscription:
Online: go to the ABCB subscription website
Download BCA_Order Form_2010.pdf
Building Commission
In Western Australia the Local Government (Miscellaneous Provisions) Act 1960 is the legislation that provides the Building Commission with powers to regulate building work. This Act references the Building Regulations 1989, and this regulation reference the BCA as the technical Code for building work (giving it legal status).
Prior to July 2009, Building Industry Development (BID), a directorate of Department of Housing & Works (DHW), was the State Government body that regulated building work in Western Australia.
As part of the transition to a Building Commission, DHW changed to Department of Housing (DoH) and BID (State administrator of the BCA) relocated to Department of Commerce.
As of July 2009 the Building Commission consolidates the operations of:
- Building Industry Development
- Builders Registration Board
- Painters Registration Board
Building Legislation and Regulation
Download Local Government (Miscellaneous Provisions) Act 1960.pdf
Download Building Regulations 1989.pdf
Download Builders Registration Act 1939.pdf
Download Painters Registration Act1961.pdf
Download Water Services Licencing Act 1995.pdf (also see Water Supply & Sanitary Drainage Plumbing)
Advisory Notes (previously issued as Building Notes)
The Building Commission publishes Advisory Notes. This is the new format for providing information on building code and regulatory matters. They replace Building Notes previously produced by the DHW.
Download Building Notes published up to July 2009
Download Advisory Notes published since July 2009
Water Supply & Sanitary Drainage Plumbing
Water Supply & Sewer Mains
The Water Corporation regulates the materials, fixtures and fittings that can be connected to the water and sewer mains. Except for baths, laundry troughs, basins, shower recess bases and sinks, all other materials, fixtures and fittings must have a Watermark or StandardsMark licence and be marked accordingly.
Download Metro Water Supply Sewerage Drainage By Laws 1981.pdf
On-Site Plumbing Work
The Plumbers Licencing Board (being consolidated into the Building Commission) regulates water supply and sanitary drainage work compliance within the building site. There are three parts to plumbing compliance:
- Regulations
- Referenced Australian Standard
- WA Modifications (prescribes WA variations to the Standard).
Download Water Services Licensing (Plumbers Licensing and Plumbing Standards) Regulations 2000.pdf
Thinking about purchasing AS/NZS 3500 Part 1 – Water services
Thinking about purchasing AS/NZS 3500 Part 2 – Sanitary plumbing and drainage
Thinking about purchasing AS/NZS 3500 Part 3 – Stormwater drainage
Download WA Modifications (to AS/NZS 3500).pdf
Gas Fitting & Electrical Work
EnergySafety is responsible for the technical and safety regulation of whole of the electrical industry and most of the gas industry in Western Australia. This includes the safety and energy efficiency of appliances and certain types of equipment.
Gas Work
Download Gas Standards (Gasfitting Consumer Gas Install) Regulations 1999.pdf
Electrical Work
Download WA Electrical Requirements 2008.pdf
Thinking of purchasing AS/NZS 3000:2007 Wiring rules
Health Regulations
Health Act
Download Health Act 1911.pdf
State Regulations
Download Health (Treatment sewerage disposal effluent liquid waste) Regulations 1974.pdf
Download Sewerage (Lighting Ventilation Construction) Regulations 1971.pdf
Download Health Act (Laundries Bathrooms) Regulations.pdf
Health Local Laws (Listed by Local Goverment)
Download Gosnells Health Local Laws.pdf
Local Government Regulations
Download Local Govt Act 1995.pdf
Australian Standards
Standards Australia (external website) is a non-government, not-for-profit organisation. A Memorandum of Understanding (MOU) has existed between Standards Australia and the Commonwealth Government since 1988. The MOU recognises Standards Australia as the peak non-government Standards body in Australia.
Purchase Australian Standard (this link takes you to the SIA Global Infostore).
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Note: 1 – Before purchasing a Standard, call ABLE to discuss what you are looking for and which Standard is most likely to provide what you need.
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Note: 2 – SIA Global offer a BCA plus referenced Standards pack.