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Premises Standard Part 2

What is the Access to Premises Standards | Disability Buildings Standard | Disability Discrimination Act 1992 | DDA Consultants

Part 2 Scope of Standards

2.1

Buildings to which Standards apply
(1) Subject to subsection (2), these Standards apply to the following:
 (a) a new building, to the extent that the building is:
 (i) a specified Class 1b building; or
 (ii) a Class 3, 5, 6, 7, 8, 9 or 10 building;
 (b) a new part, and any affected part, of a building, to the extent that the part of the building is:
 (i) a specified Class 1b building; or
 (ii) a Class 3, 5, 6, 7, 8, 9 or 10 building;
 (c) an existing public transport building that is still in use on the target date mentioned in an item in the table in section 3.1.

(2) These Standards do not apply to a new Class 10 building, a new part of a Class 10 building, or an affected part of a Class 10 building if it is associated with:
 (a) a Class 1a building; or
 (b) a Class 2 building; or
 (c) a Class 4 part of a building.
Note 1   The building classifications mentioned in subsections 2.1 (1) and (2) have the meanings set out in clause A4.1 of the Access Code in Schedule 1.
Note 2   The Act applies to actions relating to buildings to which these Standards do not apply.

(3) A building is a new building if:
 (a) it is not a part of a building; and
 (b) either:
 (i) an application for approval for its construction is submitted, on or after [commencement date], to the competent authority in the State or Territory where the building is located; or
 (ii) all of the following apply:
 (A) it is constructed for or on behalf of the Crown;
 (B) the construction commences on or after [commencement date];
 (C) no application for approval for the construction is submitted, before [commencement date], to the competent authority in the State or Territory where the building is located.

(4) A part of a building is a new part of the building if it is an extension to the building or a modified part of the building about which:
 (a) an application for approval for the building work is submitted, on or after [commencement date], to the competent authority in the State or Territory where the building is located; or
 (b) all of the following apply:
 (i) the building work is carried out for or on behalf of the Crown;
 (ii) the building work commences on or after [commencement date];
 (iii) no application for approval for the building work is submitted, before [commencement date], to the competent authority in the State or Territory where the building is located.

(5) An affected part:
 (a) is part of an existing building that contains a new part; and
 (b) is made up of:
 (i) the principal pedestrian entrance to the building; and
 (ii) any part of the building that is necessary to provide a continuous accessible path of travel from the entrance to the new part of the building.

(6) An existing public transport building is a building (other than a new building) that is the passenger use area of a Class 9b building used for public transport (being the whole or part of the building).
Note   An existing public transport building may be a building with or without any new part or affected part.

 

   
2.2 

Persons to whom Standards apply
(1) These Standards apply to the following persons to the extent that they are responsible for, or have control over, matters in the Access Code for a relevant building:
 (a) a building certifier;
 (b) a building developer;
 (c) a building manager.
Note   For the meaning of relevant building see section 1.4.

(2) A building certifier, for a relevant building, is a person who has responsibility for, or control over, the building approval process for a building.
Example
The following persons could be building certifiers for these Standards:
(a) private certifiers;
(b) building surveyors;
(c) local councils.

(3) A building developer, for a relevant building, is a person with responsibility for, or control over, its design or construction.
Example
The following persons could be building developers for these Standards:
(a) property developers;
(b) property owners;
(c) building designers;
(d) builders;
(e) project managers;
(f) property lessees.

(4) A building manager, for a relevant building, is a person who has responsibility for, or control over, any of the matters in the Access Code that apply to the building other than matters about the design or construction of the building.
Example
The following persons could be building managers for these Standards:
(a) property owners;
(b) property lessees;
(c) property managers;
(d) operational staff.

 

   
2.3

Actions to which Standards apply
  These Standards apply to an action concerning the provision of access to relevant buildings (and facilities and services within them) to the extent that the provision of access is:
 (a) a matter to which any of paragraphs 31 (1) (a) to (f) of the Act applies; and
 (b) a matter covered by the Access Code.
Note   These Standards are subject to section 12 of the Act.  That is, the provisions of these Standards are limited application provisions within the meaning of that section.

 

   
2.4  Construction of Standards
These Standards are intended to be within the power conferred by the Act, and are to be construed accordingly.
Note   A provision that, despite this section, cannot be construed as being entirely within the power conferred by the Act has effect to the extent that the provision is within that power — see subsection 13 (2) of the Legislative Instruments Act 2003.
   

What is the Access to Premises Standards | Disability Buildings Standard | Disability Discrimination Act 1992 | DDA Consultants

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