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Building Regulations Advisory Committee


 Record of meeting with the Building Regulations Advisory Committee

The VCEC met with the Building Regulations Advisory Committee (BRAC) on 16 February 2005. (click here to view the PDF document ROA BrAC meeting 9 Feb 2005 (pdf 15.9 KB) attendees). Robert Kerr, the presiding commissioner for this inquiry, provided a brief overview of the functions of the VCEC and presented information on the scope and timeline of the inquiry. BRAC member, Virginia Kirton, delivered a presentation on the role and operation of the BRAC, and issues it considers relevant to the VCEC inquiry.

Below is a summary of BRAC presentation.

Roles of the BRAC

The BRAC comprises building industry representatives and has two roles set out in the Building Act 1993. The Minister for Planning appoints the Building Commissioner as Chair and 14 members from a list of names nominated by relevant industry associations and affected groups. The members include representatives from the; public construction sector, Country Fire Authority, Melbourne City Council, Royal Australian Institute of Architects, Institute of Engineers Australia, Master Builders Association of Victoria, Housing Industry Association, Property Council of Australia, Municipal Association of Victoria, Australian Institute of Building Surveyors, a legal practitioner representative and a consumer representative.

The BRAC provides advice to the Minister for Planning on draft building regulations, and accredits building products, construction methods and components or systems connected with building work.

The BRAC considers proposed amendments to the Building Code of Australia (BCA), proposed Australian Standards referenced in the BCA and Victorian building amendments. The BRAC provides advice to the Building Commission on technical, administrative and regulatory issues. Fire reports prepared by Metropolitan Fire and Emergency Services Board and Country Fire Authority and matters raised by other industry bodies and its members can be incorporated into the BRAC’s advice to the Building Commission.

BRAC objectives

The objectives of BRAC are to:
· review the need for standards or proposed regulation change;
· ensure workability of regulation proposals;
· make regulations enforceable;
· prevent bureaucratic impositions; and
· strive for good community outcomes.

BRAC accreditation process

· A person may apply to BRAC to have a building product, process or system accredited.
· Accreditation by the BRAC only applies to building products, processes and systems that do not meet the deemed-to-satisfy provisions of the BCA.
· Building products, processes and systems must meet the performance requirements of the BCA.

Accreditation by the BRAC is an essential element of the performance-based regulatory system as it facilitates innovation by approving solutions that are difficult for individual building surveyors to assess.

BRAC achievements

Although BRAC expressed dissatisfaction with the slow pace of regulatory processes and legal requirements that often seem to thwart the objectives of simplicity and workability, they are pleased to highlight some of their more recent achievements below.
· Development and implementation of regulations
· Swimming pool and spa safety.
· Smoke alarms fitted to all dwellings.
· Rejection of proposals
· Request from Termite Action Victoria to declare the whole of the state as subject to infestation by termites.
· Monitoring other legislation/regulations that impact on building regulations:
· VCAT decision on definition of building work under the Domestic Building Contracts Act.

BRAC future directions

Below are examples of the matters that are on the BRAC’s current issues register.

· The review of the Building Regulations 1994.
· Essential safety measure-maintenance.
· Planning and building consistency.
· Performance monitoring (fire reports).
· Poor maintenance of buildings.
· Dangerous and ruinous buildings.
· Termite activity in Victoria.
· Consistency of local government laws and fees.
· Access for people with a disability.

Although the BRAC was reluctant to select issues that may be regarded as being of higher priority than others, the revising of the Building Regulations 1994, needed as a result of the sunsetting of the existing body of regulations is of particular importance.

Also of particular significance is the apparent inconsistency of local government laws and fees affecting building construction.


Alison Graham
Economist
VCEC


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