1. Presentation to Local Government Conference on Asbestos Joseph Genco Senior Advisor Technical and Research Services 8 September 2005

2. Overview l Building Commission Corporate Plan l Australia – overview l Victoria - overview l Victorian building regulation system l Building Work l Matrix for Asbestos

3. Regulatory Environment Building Advice & Conciliation Victoria Building Sustainability Teamwork Year of the Built Environment 6 Point Agenda Building Commission Partnering & issues leadership Industry outcome measures Informed consumers Building sustainability Strategies for stronger leadership Continuous practitioner improvement Renewal of building quality assurance Building knowledge management Business-like organisation Strategies for better building control Life Balance

4. Corporate Plan - strategies l Partnering and issues leadership l Industry outcomes measurement l Informed consumers l Building sustainability l Continuous practitioner improvement l Renewal of building quality assurance l Building knowledge management l Business-like organisation

5. Australia Commonwealth of Australia founded in 1901 Founded by a constitution that brought the colonies together Each state & territory has its own legislative powers 3 levels of government

6. Legislative hierarchy Local Government State Government Commonwealth Government

7. Building Legislative hierarchy Local Government State Government

8. Victoria - overview l State government l 79 municipalities (local government) l Population: Vic - 4.5 m (Melb – 3.2 m) l Area: 228,000 square kilometres l Building activity: Over AUD$12 billion pa l Building permits: Over 100,000 per annum

9. Victoria - overview l There is not one consolidated legislation that deals with all issues for construction in Victoria or other State or Territories l Typically there are many departments that deal with the various pieces of legislation as well as the Courts with Civil actions. l Today we will concentrate on Building Law which primarily deals with minimum levels of safety, health, amenity and sustainability for the general use of buildings

10. Legislative background - Victoria Australian Standards and other codes Building Code of Australia Building (Interim) Regulations 2005 Building Act 1993

11. Australian Standards BCA Guide State & Territory Building Acts & Regulations FSEG Non Mandatory Guidance Documents If DTS Path used BCA

12. Building Law after 1994 l Building Act 1993 and Building Regulation 1994 enacted, now Building (Interim) Regulations 2005. l Self-funded Building Commission l Previously local government could only give building approval l Private sector alternative for building approvals l Compulsory registration & insurance for building practitioners l Proportional liability l 10 year liability cap

13. Statutory bodies l Statutory bodies established under the Building Act 1993 include: –Building Advisory Council (BAC) –Building Regulations Advisory Council (BRAC) –Building Practitioners Board (BPB) –Building Appeals Board (BAB)

14. Liability and compulsory insurance l Major reforms: Apportionment of liability according to involvement Compulsory insurance for building practitioners Limitation on liability (10 years)

15. Registration of building practitioners l All major building industry professions are registered – (not sub-contractors) l A building practitioners board created to register and oversee practitioners l Developing voluntary requirement for continuing professional development l Industry enthusiastic about registration

16. Innovations in Victoria l Building Commission l Building permit levy - “user pays” system l Private sector alternative for building approvals l Compulsory insurance and registration for building practitioners l Apportionment of liability and 10 year limit on liability

17. Some current major issues l Sustainable Development l Accessability for the Disabled l New Building Regulations (due to Sunsetting Provisions) l Renewed owner builder legislation l Pulse incorporating - Building activity

18. Building Commission l Supported by policy & technical advisory committees l Funded by a levy on building permits l Annual revenue of approximately A$12-15m l Funding supports - - Over 95 staff on payroll plus contract staff - Building Appeals Board and Building Practitioners Board - Promotion of research - Promotion of global best practices

19. Regulatory role l Commissioner - regulator general l Develop building control policy and strategy l Prepare Building Act & Building Regulations l Assist in Building Code of Australia development l Administer Building Appeals Board l Administer Building Practitioners Board l Establish registration and insurance requirements l Oversee and coordinate major building projects l Administer building material accreditation system

20. Delivery mechanisms l Client services - liaison with practitioners l Training l Building information - statistical data

21. Enforcement l Investigate practitioner complaints l Carry out audits of practitioners l Monitor and enforce revenue collection systems

22. Building approvals system u Consumers given a choice u Municipal (local government ) and private building surveyors u Municipalities can compete for building approvals work u Private building surveyors restricted from being appointed to issue building permits under certain circumstances u Building surveyors must remain impartial when working for clients

23. Building approvals system alternative routes Application Private Building Surveyor Building Permit Inspections Occupancy Permit Building Permit Inspections Occupancy Permit Retention of Documents Maintenance Notices and Orders Existing Buildings Municipal Building Surveyor

24. Building Work Definition from the Building Act 1993 l Building work: means work for in connection with the construction, demolition or removal of a building. Definitions from Domestic Building Contracts Act l Domestic building work: means any work referred to in section 5 that is not excluded from the operation of this Act by Section 6. l Section 5 Building work for which this Act applies l 1 (b) the renovation, alteration, extension, improvement or repair of a home l 1(c )aHome means any residential premises

25. Building Work l 1(c ) any work such as landscaping, paving or the erection or construction of retaining structures, driveways, fencing, garages, workshops, swimming pools or spas that is to be carried out in conjunction with the renovation, alteration, extension, improvement or repair of a home. l 1(d) the demolition or removal of a building.

26. Exemptions l Building work defined by the Building Act and to a lesser extent domestic work by Domestic Building and Contracts Act l Demolition is classified as Building Work l Demolition to be carried out by Registered building practitioner l Exemptions contained in Schedule 8 of Building Regulations 2005

27. Exemptions continued

30. Matrix

31. Where does Asbestos fall between the cracks u Where a Building Permit is not required and it is an owner builder u Where it is not a work place, I.e. owner builder carries out works u Who looks after it in this case? The MBS? Council? OH&S? u Is a registered practitioner required to undertake all building works for demolition- Building Regs and other sources only deal with health safety amenity and sustainability will have an impact.? u What is being done about this? – Education information at Councils. u What is the Commission doing about this? – Owner Builder Kits.