Victorian Numbered Regulations

BUILDING (INTERIM) REGULATIONS 2005 (SR NO 51 OF 2005) - REG 113

Despite anything to the contrary in the BCA, a relevant building surveyor must not determine that an alternative solution complies with a fire performance requirement of the BCA unless the relevant building surveyor—

        (a)     either—

              (i)     holds the Graduate Certificate in Performance Based Building and Fire Codes from Victoria University of Technology; or

              (ii)     holds a qualification that the Building Practitioners Board considers is equivalent to that Certificate; or

        (b)     relies on a certificate under section 238 of the Act by a fire safety engineer, who did not design the building work, which states that the alternative solution complies with that performance requirement; or

        (c)     relies on a certificate under section 238 of the Act by a registered building surveyor, who did not design the building work, which states that the alternative solution complies with that performance requirement; or

        (d)     relies on a determination of the Building Appeals Board under section 160A of the Act that the alternative solution complies with that performance requirement; or

        (e)     relies on a Certificate of Accreditation issued by the Building Regulations Advisory Committee which states that the alternative solution complies with that performance requirement; or

        (f)     relies on a Certificate of Conformity issued by the Australian Building Codes Board which states that the alternative solution complies with that performance requirement; or

        (g)     relies on a report of the chief officer under regulation 309, which states that the chief officer is satisfied that a satisfactory degree of fire safety is achieved by that alternative solution.

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