DIVISION VII-HEALTH DIVISION VII-HEALTH AND AMENITY Part 44-Drainage of Building and Site
DIVISION 11-GENERAL PROVISIONS PART 3-ENFORCEMENT AND INSPECTIONS
3.1 ( 1 ) Plans and Specifications. Copy to be kept on Site. If approval is given by the Local Authority to any building work then the person who cames out the building work so approved shall, during the time the work is carried out, have available for inspection by the building surveyor on the site where the work is carried out and during the whole time the work is being carried out a certified legible copy of the approved plans, drawings and specifications for that building work.
(2) Public may Inspect. A person may with the consent of the owner or of the Local Authority inspect during office hours any site plan or other document preserved by the Local Authority.
3.2 ( 1 ) Surveyor and Inspectors to be appointed by Local Authority.
For the purposes of these By-laws each Local Authority-
(a) may appoint a building surveyor either on a full-time or part-time basis;
(b) shall appoint such number of full-time or part-time building inspectors and other officers as it deems necessary.
( 2 ) Officers to be paid by Local Authority. The building surveyor, build!ng inspectors, and any other officers appointed under clause (1) o f * ~ l s BY-law shall be under the direction of the Local Authonty and mid by the Local ~uthority.
64 3.2 BUILDING ACT 1975-1 984
(3) Officers with private interests not to act. If the building surveyor or building inspector or other officer appointed under this By-law has any private interest in the performance of any building work he shall not act in pursuance of these By-laws in respect of that building work but shall inform the Local Authority of his interest and the Local Authority shall thereupon appoint some other suitable person to act as building surveyor or building inspector in respect of that building work.
(4) Power of Building Inspector where no Building Surveyor has been appointed or where Building Surveyor is part-time. In any case where a building surveyor has not been appointed by a Local Authority, or is employed part-time by a Local Authority, such Local Authority may, from time to time, by resolution declare that a building inspector who is an officer of the Local Authority may exercise all or any of the following powers and carry out all or any of the following duties of a building surveyor:-
(a) Any power or duty conferred or imposed upon the building surveyor under any provision of these By-laws in relation to-
(i) Buildings of Class I and X; and
(ii) Buildings containing not more than two storeys of Class 11, 111, IV, V, VI, VII, VIII or IX that do not have a total floor area greater than 400 m2;
for which structural calculations are not required; and (b) Any inspection and preparation of any report required to
enable the Local Authority to take action under the Act.
(5) Local Authority may Revoke. Any resolution of the Local Authority made pursuant to subclause (1) hereof may from time to time be revoked or varied by a subsequent resolution of the Local Authority.
(6) For buildings of Class I or Class X where structural calculations are required and for buildings of Class 11, 111, IV, V, VI, VII, VIII or IX a building surveyor shall be appointed. The building surveyor so appointed may be full time or part time.
(7) A Local Authority may by resolution delegate to an officer or a Committee of the Local Authority all or any of the powers, authorities, duties and discretions had by the Local Authority for the purpose of these By-laws, except those conferred or prescribed by By-law 8.4, By-law 11.3 (5) and By-law 14.2 (5) and such other By-laws where the powers, authorities, duties or discretions are prescribed to be exercised by resolution of the Local Authority.
(8) Pending the appointment of a building surveyor and building inspectors as required under By-law 3.2 (I), the persons employed by the Local Authority and carrying out duties normally carried out by a building surveyor or building inspector respectively for that Local Authority prior to 1st April, 1976, may continue to carry out such duties of building surveyor and building inspectors respectively for the purpose of these By-laws during the period from 1st April, 1976, until 3 1 st May, 1976, or until the Local Authority appoints a building surveyor
BUILDING ACT 1975-1 984 3.3 65
or building inspector as the case may be, whichever date shall be the sooner.
As amended by Orders in Council published Gazette 6 March 1976, pp. 866-7; 27 March 1976, p. 1189; 22 May 1982, pp. 738-9; 26 February 1983, pp. 697-704.
3.3 (1) Building Surveyors to be qualified. A Local Authority shall not employ any person as a building surveyor unless he holds the qualifications set out in By-law 3.4 (2).
(2) Building Inspectors to be qualified. Subject to By-law 3.5 (7), a Local Authority shall not employ any person as a building inspector unless he holds the qualifications set out in subclauses
(2)
and (5) of By-law 3.5: Provided that these By-laws shall not in any way affect the office or employment of a person with a Local Authority who is employed as a building inspector on the date upon which these By-laws come into force.(3) (a) Waiver for acting Surveyors and Inspectors. Notwithstanding the provisions of this By-law a Local Authority may appoint a person who does not hold the qualifications set out in By-laws 3.4 and 3.5 to act as the acting building surveyor or acting building inspector as the case may be or to carry out the duties of either office:
(i) during the absence from his duties for any cause of the building surveyor or building inspector as the case may be;
or
(ii) where the office of building surveyor or building inspector is vacant for any cause and the Local Authority is desirous of appointing some person to carry out the duties of the office pending the permanent appointment of some person thereto.
(b) Restriction on appointment. In no case shall a Local Authority appoint as aforesaid any person who does not hold the required qualifications unless the Local Authority is satisfied that it is not reasonably practicable to appoint a person who does hold the required qualifications.
( c ) Consent to be obtained. No such appointment or appointments
10 any such office shall be made for any period or periods which in the aggregate amount to more than six months in any financial year of a Local Authority unless the consent of the Director of Local Government on the recommendation of the Committee is obtained to the appointment and unless any conditions included in the consent are observed.
(d) Notice to be given of appointment. If pursuant to the provisions
of
this By-law any Local Authority appoints to any such office any Person who does not hold the required qualifications the Local Authont~shall within seven days of the making of the appointment cause notice writing thereof to be given to the Committee.
As amended by Orders in Council published Gazette 6 March 1976, PP. 866-7; 22 H"Y 1982, pp. 738-9.
66 3.4 BUILDING ACT 1975- 1984
3.4 Building Surveyor. (1) Qualifications. Any person who satisfies the requirements of this By-law shall be deemed to hold the necessary qualifications for a building surveyor.
(2) Requirements. The person concerned shall have a knowledge of the Act and By-laws and-
(a) have satisfied the examination entrance requirements of- (i) The Institution of Engineers, Australia for admission as
a graduate; or
(ii) the Royal Australiar, Institute of Architects for admission as an Associate; or
(iii) the Architects Registration Board of Queensland; or (iv) the Australian Institute of Building as an Associate; or
(v) (Repealed); or
(b) have had experience satisfactory to the Committee for a period of not less than three years in the office of a building surveyor and of a nature which would make him familiar with the duties of a building surveyor.
As amended by Orders in Council published Gazette 6 March 1976, pp. 866-7; 23 September 1978, pp. 246-7.
3.5 Building Inspector. (1) Qualification of Restricted Building Inspector. Any person who satisfies the requirements of subclause (2) of this By-law or By-law 3.4 shall be deemed to hold the necessary qualifications for a restricted building inspector.
(2) Requirements for Restricted Building Inspector. The person concerned shall furnish evidence satisfactory to the Local Authority that he has a knowledge of the Act and By-laws and that-
(a) he has passed examinations in the subjects:- (A) Construction 1 ~ ;
(B) Construction 1 B;
(C) Building Materials I;
(D) Surveying and Levelling;
(E) Technical Communication;
(F) Building Materials 11;
(G) Sub-structures;
(H) Construction 111;
(I) Building Services and Equipment 1 ~ ;
(J)
Building Act and Regulations,being subjects adapted for the purpose within the Certificate Course for Building Technician conducted by the Department of Education, Technical Education Branch; or
BUILDING ACT 1975-1 984
(b) he has passed examinations in the subjects:- (A) Construction Materials and Method I and 11;
(B) Draughtsmanship;
(C) Material Science I, 11, I11 & IV;
(D) Surveying and Measuring;
(E) Project Survey I and 11;
(F) Communications;
(G) Civil Engineering Construction I and 11;
(H) Construction Materials and Method I11 and IV;
(I) Hygiene and Sanitation I and 11;
(J) Building Arts* and Regulations I and 11,
being subjects adapted for the purpose within the course for Bachelor of Applied Science-Building conducted by the School of the Built Environment, Queensland Institute of Technology; or
(c) he is registered under the Builders' Registration and Home- owners' Protection Act 1979, as either a registered house builder or a registered general builder which registration is not subject to any condition or restriction.
(3) Duties of Restricted Building Inspector. A restricted building inspector may exercise the powers and carry out the duties of a building inspector only in respect of-
(a) Buildings of Class I and X; and
(b) Buildings containing not more than two storeys of Class 11, 111, IV, VI, VII, VIII or IX that do not have a total floor area greater than 400
m2.
(4) Qualification of Unrestricted Building Inspector. Any person who satisfies the requirements of subclause (5) of this By-law or of By-law 3.4 shall be deemed to hold the necessary qualifications for an unrestricted building inspector.
(5) Requirements for Unrestricted Building Inspector. The person concerned shall furnish evidence satisfactory to the Local Authority that he has a knowledge of the Act and By-laws and that-
(a) he has passed examinations in the subjects:- (A) Construction IA;
(B) Construction 1 ~ ; (C) Building Materials I;
(D) Surveying and Levelling;
(E) Technical Communication;
(F) Building Materials 11;
(G) Sub-structures;
(H) Construction 111;
(I) Building Services and Equipment 1 ~ ;
'SIC.. 4cts.
BUILDING ACT 1975-1984
(J) Building Act and Regulations;
(K)
Construction 11;(L) Project Control;
(M) Building Services and Equipment 1 ~ ; (N) Contract Practices;
( 0 ) Construction IV;
(P) Construction V,
being subjects adapted for the purpose within the Certificate Course for Building Technicians conducted by the Department of Education, Technical Education Branch; or (b) he has passed examinations in the subjects:-
(A) Construction Materials and Method I and 11;
(B) Draughtmanship;
(C) Material Science I, 11, 111, and IV;
(D) Surveying and Measuring;
(E) Project Survey I and 11;
(F) Communications;
(G) Civil Engineering Construction I and 11;
(H) Construction Materials and Method I11 and IV;
(I) Hygiene and Sanitation I and 11;
(J) Building Acts and Regulations I and 11;
(K) Evolution of Building;
(L) Building Management I and 11;
(M) Building Services I-IV;
(N) Building Contract Law I and 11;
( 0 ) Structural Mechanics I and 11,
being subjects adapted for the purpose within the Course for Bachelor of Applied Science-Building conducted by the School of the Built Environment, Queensland Institute of Technology; or
(c) he is registered under the Builders' Registration and Home- owners' Protection Act 1979, as both a registered house builder and a registered general builder neither of which registration is subject to any condition or restriction.
(6) Duties of Unrestricted Building Inspector. An unrestricted building inspector may exercise the powers and carry out the duties of a building inspector in respect of all building work.
(7) Appointment of Building Inspectors Approved by the Committee.
If the Committee is of the opinion that a person who does not possess the respective qualifications prescribed in subclause (2) or (5) of this By-law for a restricted or unrestricted building inspector nevertheless possesses satisfactory experience and qualifications of a standard
BUILDING ACT 1975-1 984 4.1 69
equivalent to the said prescribed qualifications, then the Committee may approve of the appointment of such person as a restricted or unrestricted building inspector as the case may be, but an unqualified person shall not otherwise be appointed.
(8) Committee to be advised of appointments. Upon appointment of a person to a position as building inspector under subclause 2) or
(9,
the Local Authority shall advise the Committee in writing o k (a) the full name of that person; and(b) whether the appointment is as restricted or unrestricted building inspector; and shall
(c) supply the Committee with a copy of the person's documentary evidence of qualifications.
Substituted by .Order in Council published Gazette 22 May 1982, pp. 738-9; as amended by Order In Councll published Gazette 26 February 1983, pp. 697-704.
DIVISION 11-GENERAL PROVISIONS