Victorian Numbered Regulations

BUILDING AND PLUMBING AMENDMENT (NATIONAL CONSTRUCTION CODE AND OTHER MATTERS) REGULATIONS 2023 (SR NO 102 OF 2023) - NOTES

S.R. No. 102/2023

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STATUTORY RULES 2023

S.R. No. 102/2023

Building Act 1993

Building and Plumbing Amendment (National Construction Code and Other Matters) Regulations 2023

The Governor in Council makes the following Regulations:

Dated: 26 September 2023

Responsible Minister:
SONYA KILKENNY
Minister for Planning

SAMUAL WALLACE
Clerk of the Executive Council

Endnotes

^[1] Reg. 3: S.R. No. 38/2018 as amended by S.R. Nos 38/2018, 75/2018, 100/2018, 180/2018, 40/2019, 116/2019, 21/2020, 42/2020, 83/2020, 101/2020, 73/2021, 128/2021, 50/2022, 61/2022, 65/2023 and 80/2023.

^[2] Reg. 24(1): S.R. No. 149/2018 as amended by S.R. Nos 149/2018, 41/2019 and 122/2022.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

In this table—

"amending regulations" means the Building and Plumbing Amendment (National Construction Code and Other Matters) Regulations 2023;

"BCA" means the Building Code of Australia;

"Building Code of Australia" means the Building Code of Australia comprising—

(a)     Volume One of the National Construction Code 2022, including any Victorian variations or additions set out in Schedule 10 to that Volume; and

(b)     Volume Two of the National Construction Code 2022, including any Victorian variations or additions set out in Schedule 10 to that Volume;

"BCA Volume One" means Volume One of the National Construction Code 2022 including any Victorian variations or additions set out in Schedule 10 to that Volume;

"BCA Volume Two" means Volume Two of the National Construction Code 2022 including any Victorian variations or additions set out in Schedule 10 to that Volume;

National Construction Code 2019 means the National Construction Code 2019 published by the Australian Building Codes Board in February 2019 and as amended on 1 July 2020;

National Construction Code 2022 means the National Construction Code 2022 published by the Australian Building Codes Board on 1 May 2022;

"PCA "means the Plumbing Code of Australia set out in Volume Three of the National Construction Code 2022, including any Victorian variations or additions set out in Schedule 10 to that Volume.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 3 of the amending regulations, which substitutes the definition of fire performance requirement in regulation 5(1) of the Building Regulations 2018	BCA Volume One	Clauses B1P1, D1P2, D1P3, D1P4 and D1P6 (to the extent the requirement relates to fire safety), C1P1, C1P2, C1P3, C1P4, C1P5, C1P6, C1P7, C1P8, C1P9, D1P5, E1P1, E1P2, E1P3, E1P4, E1P5, E1P6, E2P1 and E2P2
	BCA Volume Two	Clauses H1P1, H3P1 and H3P2 (to the extent the requirement relates to fire safety for a Class 1b building or a Class 10 building not associated with a Class 1a building)

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 4 of the amending regulations, which inserts new regulation 10A in the Building Regulations 2018	BCA Volume One	Parts F8 and J1 as modified by regulation 10A of the Building Regulations 2018
	BCA Volume Two	Clause H4D9, Part H6, clause VIC H6V1, clause VIC H6D2 and Part H8 as modified by regulation 10A of the Building Regulations 2018
Regulation 5(a) of the amending regulations, which amends regulation 29(b) of the Building Regulations 2018	BCA Volume One	Part A5
Regulation 5(b) of the amending regulations, which amends regulation 29(b) of the Building Regulations 2018	BCA Volume Two	Part A5
Regulation 6 of the amending regulations, which amends regulation 125 of the Building Regulations 2018	BCA Volume One BCA Volume Two	Clause A5G3(1)(e)
Regulation 7(a) of the amending regulations, which amends regulation 128(1) of the Building Regulations 2018	BCA Volume One	Performance Requirement B1P1

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 7(b) of the amending regulations, which amends regulation 128(1) of the Building Regulations 2018	BCA Volume Two	Performance requirement H1P1
Regulation 8(1) of the amending regulations, which amends regulation 145(2)(a) of the Building Regulations 2018	BCA Volume Two	Clause H3D6
Regulation 8(2) of the amending regulations, which amends regulation 145(3) of the Building Regulations 2018	BCA Volume One	Specification 20
Regulation 8(3) of the amending regulations, which substitutes regulation 145(3)(a) of the Building Regulations 2018	BCA Volume One	Clause S20C3 of Specification 20
Regulation 8(4) of the amending regulations, which substitutes regulation 145(3)(b) of the Building Regulations 2018	BCA Volume One	Clause S20C4 of Specification 20
Regulation 8(5) of the amending regulations, which substitutes regulation 145(3)(c) of the Building Regulations 2018	BCA Volume One	Clause S20C5 of Specification 20

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 9 of the amending regulations, which amends regulation 146(2) of the Building Regulations 2018	BCA Volume One	Clause E1D4
Regulation 10(1) of the amending regulations, which amends regulation 147(2) of the Building Regulations 2018	BCA Volume One	Clause E1D4
Regulation 10(2) of the amending regulations, which amends regulation 147(4)(b) of the Building Regulations 2018	BCA Volume One	Clause E1D3
Regulation 10(3)(a) of the amending regulations, which amends regulation 147(4)(c) of the Building Regulations 2018	BCA Volume One	Clause G4D4
Regulation 10(3)(b) of the amending regulations, which amends regulation 147(4)(c) of the Building Regulations 2018	BCA Volume One	Clause E4D2
Regulation 10(4) of the amending regulations, which amends regulation 147(5)(d) of the Building Regulations 2018	BCA Volume One	Clause E1D3

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 10(5) of the amending regulations, which amends regulation 147(5)(e) of the Building Regulations 2018	BCA Volume One	Clauses G4D4 and E4D2
Regulation 11 of the amending regulations, which inserts new regulation 147AA into the Building Regulations 2018	BCA Volume One	VIC Table in Schedule 2 to Schedule 10 as modified by regulation 147AA of the Building Regulations 2018
Regulation 12(a) of the amending regulations, which amends regulation 151 of the Building Regulations 2018	BCA Volume One	Performance requirement B1P1
Regulation 12(b) of the amending regulations, which amends regulation 151 of the Building Regulations 2018	BCA Volume Two	Performance requirement H1P1
Regulation 13(1) of the amending regulations, which amends regulation 152(2) of the Building Regulations 2018	BCA Volume One	Schedule 1
Regulation 13(2) of the amending regulations, which amends regulation 152(3) of the Building Regulations 2018	BCA Volume Two	Schedule 1

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 15(1) of the amending regulations, which amends regulation 164(1) of the Building Regulations 2018	BCA Volume One	Schedule 1
Regulation 15(2) of the amending regulations, which amends regulation 164(2)(a) of the Building Regulations 2018	BCA Volume Two	Schedule 1
Regulation 15(3) of the amending regulations, which amends regulation 164(2)(b) of the Building Regulations 2018	BCA Volume Two	Clause H7O1(f)
Regulation 15(4) of the amending regulations, which amends regulation 164(2)(c) of the Building Regulations 2018	BCA Volume Two	Performance requirement H7P6(e)
Regulation 15(5) of the amending regulations, which amends regulation 164(2)(d) of the Building Regulations 2018	BCA Volume Two	Performance requirement H7P6

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 16 of the amending regulations, which amends regulation 165 of the Building Regulations 2018	BCA Volume Two	Performance requirement H7P6
Regulation 17 of the amending regulations, which substitutes regulation 166F(1)(a)(i) of the Building Regulations 2018	BCA Volume Two	Performance requirements H1P1, H1P2, H2P2, H2P3, H3P1, H3P2, H4P1, H4P3 and H7P3
Regulation 18 of the amending regulations, which amends regulation 235 of the Building Regulations 2018	BCA Volume Two	Performance requirement H3P1
Regulation 19(1) of the amending regulations, which amends regulation 236(4)(b) of the Building Regulations 2018	BCA Volume One	Clause E3D8
Regulation 19(2) of the amending regulations, which amends regulation 236(4)(c) of the Building Regulations 2018	BCA Volume One	Clauses F4D5(c) and F4D5(e)
Regulation 19(3) of the amending regulations, which amends the definition of access provision in regulation 236(5) of the Building Regulations 2018	BCA Volume One	Part F4

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 20(1) of the amending regulations, which amends regulation 237(1) and (2) of the Building Regulations 2018	BCA Volume One	Schedule 1
Regulation 20(2)(a) of the amending regulations, which amends regulation 237(3) of the Building Regulations 2018	BCA Volume One	Clause A6G7
Regulation 21(1) of the amending regulations, which amends regulation 240(1) of the Building Regulations 2018	BCA Volume One	Schedule 1
Regulation 21(2) of the amending regulations, which amends regulation 240(2) of the Building Regulations 2018	BCA Volume Two	Schedule 1
Regulation 22 of the amending regulations, which amends item 5 in the Table in Schedule 3 to the Building Regulations 2018	BCA Volume One BCA Volume Two	Clauses A6G2, A6G3, A6G4, A6G5, A6G6, A6G7, A6G8, A6G9, A6G10 and A6G11
Regulation 23 of the amending regulations, which substitutes part of Form 2 in Schedule 4 to the Building Regulations 2018	BCA Volume Two	Clauses H8D2(2) and H8P1(a)

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 24(1) of the amending regulations, which substitutes the definition of AS/NZS 3500.1 in regulation 5 of the Plumbing Regulations 2018	AS/NZS 3500.1 Plumbing and Drainage Part 1: Water services. published jointly by Standards Australia and Standards New Zealand on 28 May 2021 and amended on 27 May 2022	The whole
Regulation 24(2) of the amending regulations, which substitutes the definition of AS/NZS 3500.2 in regulation 5 of the Plumbing Regulations 2018	AS/NZS 3500.2 Plumbing and Drainage Part 2: Sanitary plumbing and drainage, published jointly by Standards Australia and Standards New Zealand on 28 May 2021 and amended in October 2021	The whole
Regulation 26 of the amending regulations, which substitutes regulation 18 of the Plumbing Regulations 2018	PCA	Part B4
Regulation 27 of the amending regulations, which substitutes regulation 22 of the Plumbing Regulations 2018	PCA	Victorian variation VIC Part E2
Regulation 28 of the amending regulations, which substitutes regulation 24 of the Plumbing Regulations 2018	PCA	Victorian variation VIC Part E2

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Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 29 of the amending regulations, which substitutes regulation 26 of the Plumbing Regulations 2018	PCA	Victorian variation VIC Part E3
Regulation 31 of the amending regulations, which substitutes clause 5 of Schedule 2 to the Plumbing Regulations 2018	SAA/SNZ HB 114 Guidelines for the design of eaves and box gutters, published by Standards Australia on 5 November 1998	The whole
Regulation 32 of the amending regulations, which substitutes the note at the foot of clause 8 of Schedule 2 to the Plumbing Regulations 2018	Volume Two of the National Construction Code 2019	The Victorian variation to the energy efficiency provisions of Parts 2.6 and 3.12 in Volume Two of the National Construction Code 2019
Regulation 33 of the amending regulations, which substitutes the note at the foot of clause 11 of Schedule 2 to the Plumbing Regulations 2018	Volume Two of the National Construction Code 2019	The Victorian variation to the energy efficiency provisions in Parts 2.6 and 3.12 of Volume Two of the National Construction Code 2019
Regulation 34 of the amending regulations, which amends clause 12(2) of Schedule 2 to the Plumbing Regulations 2018	PCA	Clause VIC B1D3(3)