1. Robin Holdsworth - City of Canning
Is Old legislation (Uniform By Laws) formally the old BCA still important?
Presented by
Robin Holdsworth - City of Canning

2. Introduction
Balustrade heights may vary dependent on the date of installation. The City of Fremantle investigated an incident on a balcony of one of these buildings and the following is an explanation of events:
First building was constructed during the 1850’s;
Rebuild took place in the early 1900’s as a hotel with a balcony;
Balconies on old buildings were removed with the increased motor vehicle activity in the 1950’s for safety reasons.
In the 1980’s the City of Fremantle approved building applications for balconies to be reinstated;
Height requirements under the UBB at this time were for balustrade with an overall height of no less than 856 mm.

3. Approvals under older legislation that will still apply.
Building Approval 1987 for the Verandah & Balcony works were assessed under the provisions of the 1981 Uniform Building By-laws 1981 (“UBB”) as amended at the time. The height requirements under the UBB at this time were for balustrade with an overall height of no less than 856 mm.
The section of the UBB that pertains to Balustrades are as follows:-
UBB Section (1) requirement of a balustrade if greater than 915mm above Ground Level.

4. Information to discuss:
Handrails and Balustrades
Where Stairway etc . Not Bounded by a Wall
(1) Subject to by-law , a handrail or balustrade shall be provided along the side of any required stairway or ramp, and any landing, corridor, hallway, external access balcony, or bridge, or the like, leading to an exit, wherever that side is not bounded by a wall and is more than 915 mm (or 5 risers in the case of a stairway) above the finished surface of the floor or ground, as the case may be, below .

5. Number of Handrails
(2) A handrail shall be provided along at least one side of every flight of stairs in a required stairway and where the flight is mm or more in width, a handrail shall be provided along each side .

6. Height, etc. of Handrails   (3) Required handrails shall be fixed at a vertical height of not less than 865 mm above- the nosings of stair treads ; and   (b) the floor surface of ramps, landings, corridors, hallways, external access balconies, bridges and the like   and shall be so constructed that there will be no obstruction on or above them that will tend to break a hand hold .

7. Handrails to be Continuous Between Landings (4) Every required handrail shall be continuous between stair flight landings . Protective Balustrades and Guards in Buildings of Class II, III or VI Where Required (1) Notwithstanding by-law , protective balustrades or guards in accordance with this by-law shall be provided along the side of any stairway, ramp, landing, corridor, hallway, balcony, verandah, bridge, mezzanine floor, stair or escalator well, or the like attached or appurtenant to or included in a building of Class II, III or VI wherever that side is not bounded by a wall and is more than 915 mm (or 5 risers in the case of a stairway) above the finished level of the floor or ground, as the case may be, below .

8. Height   (2) A balustrade or guard required by this by-law shall have a minimum vertical height of at least- (a) 900 mm above the nosings of stair treads; (b) 1050 mm above- (i) the floor surface of ramps, landings, corridors, hallways, balconies, verandahs, bridges, mezzanines and the like ; (ii) the surface of the floor surrounding stair and escalator wells .

9. Design of Balustrades and Guards (3) In balustrades or guards required by this by-law- (a) the width of apertures in any direction shall not be more than 125 mm; (b) vertical balusters shall not be spaced more than 125 mm apart ; and (c) there shall be no toe hold between the heights of 150 mm and 760 mm.   Amendment to the UBB Gazetted on the 2 April  15. By-law of the principal by-laws is amended-  by deleting the heading thereto and substituting the following heading-

10. Protective Balustrades and Guards in Buildings of Class I, IA, II, III or VI“,   (b) by deleting the heading to sub-bylaw (1) and substituting the following heading-   “Where Required in Buildings of Class I1, III or VI”  (c) in sub-bylaw (2) by deleting "this by-law" and substituting the following – “sub-bylaw (1) " ;  (d) in sub-bylaw (3), by deleting "this by-law" and substituting the following-  " sub-bylaw (1) " ; and (e) by inserting after sub-bylaw (3) the following heading and sub bylaw

11. “Where Required in Buildings of Class I or IA   (4) In a building of Class I or IA every accessible balcony, sundeck or the like, which has a floor more than mm above the finished level of the ground below, shall have-   (a) a single horizontal guard rail around the perimeter at a height of not less than 750 mm and not more than 900 mm above the floor ; or   (b) a balustrade or guard which, in the opinion of the council provides protection that is not less than would be provided by a guard rail described to in paragraph (a) .”

12. Building Compliance Report (Public Building  in accordance with the Public Building Regulations).
Conduct an inspection of the premises to verify balustrade heights, climbable objects and other factors to further assist the investigation;
With an injury or death ensure that the matter was reported to the Police and Work safe;
Instigate discussion with the Manager/winesses or owners of the property where the incident occurred.
Do the following on site:
1. Take notes of all discussions and observations; 2. Take measurements of balustrades, furniture or any object that could have contributed to the incident and back that up with photographs; 3. Compile a file note with photographs as soon as possible (contemporaneous notes) as this may become an issue whilst giving evidence. This point will be further discussed by Anne Wood.

13. Relevant Legislation Local Government (Miscellaneous Provisions) Act 1960 Building Regulations 1989 Health Act 1911 as amended Public Building Regulations as amended; Uniform Building by Laws 1981 as amended. National Construction Code (Building Code of Australia) Building Act 2011 as amended; Building Regulations 2012 as amended;