DIVISION VII-HEALTH DIVISION VII-HEALTH AND AMENITY Part 44-Drainage of Building and Site
DIVISION 11-GENERAL DIVISION 11-GENERAL PROVISIONS PART 6-CLASSIFICATION OF BUILDINGS
6.2 Doubtful Classifications. (1) Local Authority to Determine
Where there is any doubt or dispute as to the classification of a building or portion of a building, the building shall be classified in such one of the classes mentioned in By-law 6.1 as the Local Authority considers appropriate.
(2) Effect of Determination. A classification so determined for a building or portion of a building shall be deemed to be its classification for the purposes of these By-laws.
(3) Determination of Temporary or Special Structure. A building or portion of a building to which no other provision of these By-laws properly applies shall be classified as a temporary building or other structure or a special structure, as the case may require, and be subject to part 58 of these By-laws accordingly.
i s amended by Order in Council published Gazette 26 February 1983, pp. 697-704.
6.3 Certificate of Classification. (1) Preparation. Where approval is given for any building work, the Local Authority shall-
(a) on substantial completion of the building concerned; or (b) where it consents in writing to the occupation of portion of
the building concerned before the completion of the entire building concerned,
prepare a certificate of classification, in duplicate, in or to the effect of the form set out in Appendix 2 ~ .
(2) Issue. The original of the certificate shall be issued to the person
on
whose behalf the building was erected.(3) Inspection of Certificates. The duplicate shall be retained in office of the Local Authority and shall be open to inspection free
of'
charge by any person during the normal office hours of the Local Authority.(4) Non-application to Class I and Class X. This By-law does not 'DO~Y to a Class I or Class X building.
As amend4 by Order in Council published Gazette I S May 1982, PP. 335-399.
76 63a BUILDING ACT 1975-1984
6.3a No Occupation until Certificate is Issued. No person shall occupy any portion of a building of Class 11, 111, IV, V, VI, VII, VIII or IX until a certificate of classification has been issued in accordance with these By-laws.
6.3b The Use of a Building for Habitable Purposes. Unless otherwise approved a building or portion of a building shall not be used for habitable purposes unless designed, approved and classified as a Class I, 11, I11 or IV building.
Inserted by Order in Council published Gazette 15 May 1982, pp. 335-399.
6.4 Certificate and Statement of Classification. ( 1 ) Certificate Particulars. A certificate of classification shall show-
(a) the class or classes of building for which the building has been-
(i) designed;
(ii) constructed; or (iii) adapted to be used,
and approved; and,
(b) where the building has portions differently classified, the portions to which each classification or group of classifications relates.
(2) Statement Particulars. A statement of classification shall show- (a) the class or classes of building for which the building is
proposed to be used; and,
(b) where the building has portions proposed to be differently classified, the portions to which each classification or group of classifications relates.
Substituted by Order in Council published Gazette 15 May 1982, pp. 335-399.
6.5 Certificates for a Building Occupied in Stages. Where a certificate of classification has been issued for part of an uncompleted building and the Local Authority approves the occupation of a further part of that building, it shall-
(a) revoke that certificate; and
,(b) issue a further certificate of classification in accordance with By-law 6.3, covering all parts of the building for which approval to occupy has been given by the Local Authority.
6.5.1 Certificate for Existing Buildings Where Not Previously Issued.
(1) Application of By-law. This By-law applies to all buildings (other than Class I or X buildings) erected prior to the commencement of these By-laws.
(2) Preparation. Where written application for the issue of a certificate of classification is made by or on behalf of the owner, the Local Authority shall prepare such certificate in duplicate, in or to the effect of Appendix 2 ~ .
BUILDING ACT 1975-1 984 s. 6.5.2 77
(3) Issue. The original of the certificate shall be issued to the person making the application.
(4) Inspection of Certificates. The duplicate shall be retained in the Local Authority's office and shall be open to inspection by any person during the normal office hours of the Local Authority, for which a fee may be charged.
Inserted by Order in Council published Gazette 15 May 1982, pp. 335-399.
6.5.2 Statement of Classification. (1) Preparation. Where a written application for the issue of a statement of classification is made by or on behalf of the owner in respect of-
(a) a building the use of which is proposed to be changed; or (b) a building proposed to be erected,
the Local Authority shall, upon payment of the fee for the time being fixed by resolution, prepare a statement of classification in duplicate in or to the effect of Appendix 2 ~ .
(2) Issue. The original of the statement of classification shall be issued to the person making the application.
(3) Inspection of Certificates. The duplicate shall be retained in the Local Authority's office and shall be open to inspection by any person during the normal office hours of the Local Authority, for which a fee may be charged.
Inserted by Order in Council published Gazette 15 May 1982, pp. 335-399.
6.6 Change of Use. (1) Application of By-law. This By-law applies to all buildings, whether erected before or after the coming into force of these By-laws.
(2) Existing Buildings. The use of a building in existence before the coming into force of these By-laws shall not be changed from that of one Class to that of another Class unless-
(i) the building complies with the requirements of these By-laws applicable to the new Class; and
(ii) the change of use has been approved by the Local Authority; or
(b) the change of use has been approved by resolution of the Local Authority under subclause (6).
(3) Buildings Erected after the Coming into Force of these By-laws.
A building erected after the coming into force of these By-laws shall not be used for a purpose-
(a) not specified in the certificate of classification; or
(b) for which it is required that a certificate of classification be issued,
*?S the building complies with the requirements of these .BY-laws WPllcable to the new purpose and the proposed use of the building.
78 6.7 BUILDING ACT 1975-1984
(4) Change of Use to be Notified. Before making any change in the use of a building which would result in a change of classification under these By-laws, the owner shall apply to the Local Authority in the manner prescribed in Appendix 3 for approval of such change, setting out the nature of the proposed change of use.
(5) New Certificate. If it approves a change of use the Local Authority shall-
(a) revoke any certificate of classification already in existence for the building;
(b) prepare a certificate of classification in accordance with By- law 6.3 in respect of the new use; and
(c) issue the original of that certificate to the person proposing the change of use.
(6) Concessional approval in respect of existing buildings. The use of a building in existence before the coming in force of these By-laws, or a portion of the building, may be changed from that of one Class to that of another Class without the entire building, or portion, being made to comply with the provisions of these By-laws applicable to the new Class, Part 27 excepted, if the Local Authority after consideration of a report by the building surveyor and having regard to the circumstances of the case, resolves that in its opinion the building, or portion, with such alterations as it may require-
(a) will be structurally sound and capable of withstanding the loadings likely to arise from the new use; and
(b) will contain reasonable provision for-
(i) the safety of persons proposed to be accommodated in the building, or portion, in the event of fire, particularly in relation to egress;
(ii) the prevention of fire;
(iii) the suppression of fire; and
(iv) the prevention of the spread of fire.
As amended by Order in Council published Gazette 15 October 1977, p. 574.