Building Legislation : Work Health and Safety Legislation

A building owner, occupier or owners agent for a building inherits obligations under the NSW Building Legislation, Building Code of Australia and Work Health and Safety legislation to ensure building works, alterations, occupation of a building and the inspection, testing and maintenance of nominated essential fire safety measures are complied with as required.

The following table (and links) provide the reader with a comprehensive overview of the legislation for the building control process, essential fire safety measures documents and Work Health and Safety.

BUILDING LEGISLATION

Acts
Regulations

Definition Essential Safety Measures

Parameters New/ Old Building

Responsibility for Compliance

Method of Compliance

Environmental Planning and Assessment Act 1979 (203)

Environmental Planning and Assessment Regulation 2000 Part 9 Clause 165

EPA Amendment Reg 2000 for new/alterations

Part 9 of EPA Regulation

Fire safety certificate is to be prominently displayed in building and forwarded to fire commissioner of Fire & Rescue NSW

Environmental Planning and Assessment Regulation 2000

 

 

 

Annual fire safety statement is to be prominently displayed in building and forwarded to fire commissioner and council (annually).

 

 

 

 

Fire safety measure maintenance required in accordance with fire safety schedule and to not less a standard than which the fire safety measure was designed.

Building Code of Australia

Environmental Planning and Assessment Regulation 2000 Clause 98(1)(a) & 136A(1)(a)

All buildings

 

 

 

BUILDING LEGISLATION DOCUMENTS

Building Approval Document

Construction Certificate
Complying Development Certificate

Occupational Approval Document

Final Occupation Certificate
Interim Occupation Certificate
Fire Safety Schedule Certificate
Interim Fire Safety Certificate
Final Fire Safety Certificate

Annual Statement Document

Annual Fire Safety Statement

Enforcement Notices

Notice of Intention to Give an Order Under Section 121H
Order Under Section 121B

Building Regulations Glossary of Definitions
Essential Safety Measures

Inspections
Identification
Australian Standards
Definitions

 

WORK HEALTH AND SAFETY LEGISLATION

Acts
Regulations
Parameters New/ Old Building Responsibility for Compliance Method of Compliance

Work Health and Safety Act 2011 (WHS Act)

All encompassing

Refer Code

 

Refer Code

Work Health and Safety Regulation 2011 (WHS Regulation)

All encompassing

Refer Code

Refer Code

 

WORK HEALTH AND SAFETY - MAIN CODES OF PRACTICE

Service Code of Practice
Emergency Planning

AS 3745-2010 - Planning for emergencies in facilities

Working at Heights
WPSA Services

Managing the Risk of Falls at Workplaces
Working at Heights Audits

Confined Spaces
WPSA Services

Confined Spaces Code of Practice
Confined Spaces Audits

Storage & Racking
WPSA Services

How to Manage WHS Risks
Storage and Racking Audits

Asbestos
WPSA Services

How to Manage and Control Asbestos in the Workplace
Asbestos Register Audits

Chemicals Storage
WPSA Services

Managing Risks of Hazardous Chemicals in the Workplace
Chemical Storage Audits

Cooling Systems

WPSA Services

Managing the Work Environment & Facilities
and AS/NZS 3666 - Air handling and water systems of buildings
Cooling System Audits

Machinery Guarding
WPSA Services

Managing the Risk of Plant in the Workplace
Machinery Guarding Audits