CEO, Firewize
03 Oct, 2023
According to the Victorian Building Authority ("VBA") commercial 'building work' means work associated with the construction of commercial buildings and structures. and is defined in the Building Act (Vic) 1993 as;
building work means work for or in connection
with the construction, demolition or removal
of a building;Building Act (Vic) 1993
For the purposes of defining building work we also need to consider the term "construct" or "construction" which is also defined in the Act in relation to a building to include the following;
In Victoria, a building permit is a prescribed document prepared by the Relevant Building Surveyor ("RBS") that certifies that proposed building work complies with the relevant building regulations. It enables the building work to be undertaken according to the approved plans, specifications and other relevant documentation.
In certain circumstances the repair, renewal or maintenance of a part of an existing building may be exempt if the building work;
- will not adversely affect the structural soundness of the building, and does not include—
- an increase or decrease in the floor area or height of the building;
- underpinning or replacement of footings; or
- the removal or alteration of any element of the building that is contributing to the support of any other element of the building; and
- is done using materials commonly used for the same purpose as the material being replaced; and
- will not adversely affect the safety of the public or occupiers of the building; and
- will not adversely affect an essential safety measure relating to the building.
If something in this article has sparked your interest about fire safety, then feel free to contact one of the fire safety professionals at Firewize. Our online booking form lets you choose a time that best suits your requirements and schedules the time automatically in our calendar.
Now let's consider Item 3 of Schedule 3 of of the Building Regulations 2018 as it relates specifically to the definition of building work (construction, demolition or removal of a building) as it relates to the following essential safety measures;
| Schedule 3, Item 3 Requirement | signs | lighting | fire fighting services and equipment | automatic fire detection and alarm systems; | occupant warning systems; |
|---|---|---|---|---|---|
|
No | No | No | No | No |
|
Replace the ESM with materials (item of equipment such as a fire detector) used for the same purpose as the material (item of equipment) as being replaced. i.e. like for like. | ||||
|
Ensure that by undertaking the repair, renewal or maintenance, does not adversely affect the public or occupiers of the building. In this context, its is reasonable to expect that the term "adversely affect" means for an extended (prolonged) period. In consideration of this requirement changing a smoke detector to a heat detector or changing the operating temperature of a sprinkler head may be considered "adversely affect" as there is a material change on the performance or operation and/or performance of the safety measure. | ||||
|
The term here "adversely affect" is the key determination if a building permit is required. For example, the correct implementation and use of an Alarm Verification Facility AS4428.1:1998 or "Type A alarm dependency" in accordance with or AS 7240.2:2018 to mitigate nuisance alarms does not "adversely affect" the operation of a fire detection and alarm system, and therefore does not require a building permit. | ||||
It seems reasonably apparent that not all work requires a building permit, and Schedule 3 of the Building Regulations 2018 provides a clear framework for decision making as to when a building permit is required.
Clearly this is a tricky subject with building professionals having various opinions on this subject. If you remain unsure about your requirements for a building permit, feel free to reach out to Firewize to discuss your circumstances.
