Qld Combustible Cladding Services

Building and Other Legislation (Cladding) Amendment Regulation 2018

OBJECTIVE

The main objective of this Legislation is to identify buildings with Combustible Cladding installed that may catch fire and thus put the lives of occupants at risk.

IS YOUR BUILDING AFFECTED BY THE LEGISLATION?

All buildings from Class 2 to 9 (which covers everything residential and commercial, other than houses)
Any buildings that were built or had cladding altered, between 1 January 1994 and 1 October 2018
Any building of Type A or Type B construction (essentially buildings of two storeys or higher)

Note: this legislation DOES NOT apply to Townhouses.

This is because they fit under clause C1.5 of the National Construction Code. That is if they: have access to at least 2 exits; or
its own direct access to a road or open space;

RESPONSIBILITIES

Building Owners are fully responsible to undertake all actions under this Legislation.

QBM ARE HERE TO HELP

QBM will take the stress out of the process and take all the risks.
We will guarantee the building owner is covered and that all legislative time-frames are achieved.
We can update all other required documentation and plans: including the Fire and Evacuation Plan and the Emergency Management Plan.

HOW QBM WILL HELP YOU – A Stress Free Process

Building Owner will need to:

  1. Appoint QBM as Agent
  2. Supply order to complete the process:
    1. Stage 1
    2. Stage 2 (only if required)

QBM will then complete the following process:

Stage 1

  1. We will complete all requirements of the Stage 1 process and give the client a written report.
  2. We will also keep copies of all required documentation for the legislative periods.

Stage 2

  1. We will complete all requirements of the Stage 2 process and give the client a written report.
  2. We will also keep copies of all required documentation for the legislative periods.

Stage 3

  1. Only required if Combustible Cladding is installed on the building.
  2. Owner engages a Fire Engineer to develop a Building Fire Safety Risk Assessment.

KEEPING COMPLETED CHECKLISTS

Completed checklists are required to be held with Fire and Emergency Plans.

QBM can also arrange to update the Fire and Emergency Plans to include the required documentation (QBM will need to be contracted to undertake this work).

THE LEGISLATION

Building and other (cladding legislation) 2018

What buildings are affected?

Section 16O

private building means a building—

(a) that is—
(i) a class 2, 3, 4, 5, 6, 7, 8 or 9 building;
and
(ii) of a type A or type B construction; and

(b) for which a building development approval was given, after 1 January 1994 but before 1 October 2018, for building work—
(i) to build the building; or
(ii) to alter the cladding on the building;

and

(c) that is owned by—
(i) only 1 or more private entities; or
(ii) 1 or more private entities and 1 or more

other entities, if the private entities jointly hold more than 50% interest in the building.

type A construction means the type of construction referred to as Type A construction in the BCA, part C1.

type B construction means the type of construction referred to as Type B construction in the BCA, part C1.

National Construction Code – Section C1.1

Height of Building Class of Building
2 – 3 – 9 5 – 6 – 7 – -8
4 or more levels A A
3 levels A B
2 levels B C
1 level C C

Does not apply to Townhouses

NCC – C1.5 Two storey Class 2, 3 or 9c buildings

A building having a rise in storeys of 2 may be of Type C construction if—

(a) it is a Class 2 or 3 building, or a mixture of these classes and each sole-occupancy unit has—
(i) access to at least 2 exits; or
(ii) its own direct access to a road or open space; or

(b) it is a Class 9c building protected throughout with a sprinkler system complying with Specification E1.5 and complies with the maximum compartment size specified in Table C2.2 for Type C construction.

WHAT BUILDING OWNERS NEED TO DO?

Division 2 Obligations on owners of private buildings Subdivision 1 Obligations relating to combustible cladding checklist (part 1) 16QRegistering and giving completed checklist to QBCC

(1) An owner must, within the compliance period—
(a) register, by using the online system, the owner’s name and the address of the owner’s
private building; and
(b) give a copy of a completed combustible cladding checklist (part 1) for the building to the QBCC by using the online system.

Maximum penalty—20 penalty units.

(2) The owner may apply to the QBCC commissioner to extend the period for complying with subsection (1).

(3) The application must be made—
(a) in the approved form; and
(b) at least 28 days before the end of the period.

(4) The QBCC commissioner may extend the period if the QBCC commissioner considers the extension is reasonable in the circumstances.

(5) In this section—

compliance period means—

(a) the period ending on 29 March 2019 or, if the QBCC has given the owner a notice under section 16ZM(2) for the owner’s private building, the period stated in the notice; or
(b) if, under subsection (4), the QBCC commissioner extends the period for complying with subsection (1)—the extended period.

16T Giving completed checklist and related statement to QBCC

(1) The owner must, within the compliance period, give to the QBCC, by using the online system, a copy of—
(a) a completed combustible cladding checklist (part 2) for the owner’s private building; and
(b) a statement, complying with subsection (2), about whether or not the building may be an affected private building (a building industry professional statement).

Maximum penalty—20 penalty units.

(2) A building industry professional statement must be—
(a) in the approved form; and
(b) prepared by a building industry professional.
(6) In this section—

compliance period means—

(a) the period ending on 29 May 2019 or, if the QBCC has given the owner a notice under section 16ZM(2) for the owner’s private building, the period stated in the notice; or
(b) if, under subsection (5), the QBCC commissioner extends the period for complying with subsection (1)—the

extended period.

KEEPING COMPLETED CHECKLISTS

16R Keeping completed checklist

An owner must keep the completed combustible cladding checklist (part 1) for the owner’s private building—

(a) for at least 7 years after a copy of the checklist is given to the QBCC; and (b) if the owner is required to keep a plan or document for the building under the Building Fire Safety Regulation 2008, section 71—with that plan or document at each place the plan or document is required to be kept under that section.

QBM are Building Professionals

building industry professional

1 A building industry professional is—

(a) a building certifier–level 1; or (b) a person who holds a licence of 1 or more of the following classes under the QBCC Act—

(i) builder—open;