❓ Hon Robin Chapple questions DFES's authority and funding regarding building compliance assessments, despite no explicit legislative requirement. DFES clarifies its role is based on building regulations, complaint resolution act, and operational compliance, funded through the Emergency Service Levy and other sources.
AnsweredQoN 954Legislative Council
QuestionView source ↗
(1) If there is no legislative
requirement to liaise with Department of Fire and Emergency Services (DFES), why does DFES state it will raise issues of concern as a result of little or no liaison to the Building Commissioner? (2) On whose authority is DFES
given the right to raise concerns with the Building Commissioner on aspects of
a submission they are neither required, nor may they have the qualifications to
do so? (3) There is no legislative
requirement for DFES to comment on anything other than their operating
requirements (Clause 18B(1)). Therefore,
on whose authority is DFES granted the right to comment on all aspects of a
submission? (4) Regarding the answer to (c),
in the original question on notice No. 601, if DFES has nil fees for their services, how does
DFES allocate an operating budget for these services? (5) There is no requirement for DFES to provide the Building Surveyor with a list of elements of the project that it considers should be tested or inspected during construction for compliance with the BCA under the Building Act 2011 , Building Regulations Section 18B(1) 2012 (as amended). Therefore, under whose authority is DFES granted the right to do this? (6) Regarding the answer to (e)
in the original question on notice No. 601, if DFES has nil fees for their services, how does DFES allocate an operating budget for these services?
requirement to liaise with Department of Fire and Emergency Services (DFES), why does DFES state it will raise issues of concern as a result of little or no liaison to the Building Commissioner? (2) On whose authority is DFES
given the right to raise concerns with the Building Commissioner on aspects of
a submission they are neither required, nor may they have the qualifications to
do so? (3) There is no legislative
requirement for DFES to comment on anything other than their operating
requirements (Clause 18B(1)). Therefore,
on whose authority is DFES granted the right to comment on all aspects of a
submission? (4) Regarding the answer to (c),
in the original question on notice No. 601, if DFES has nil fees for their services, how does
DFES allocate an operating budget for these services? (5) There is no requirement for DFES to provide the Building Surveyor with a list of elements of the project that it considers should be tested or inspected during construction for compliance with the BCA under the Building Act 2011 , Building Regulations Section 18B(1) 2012 (as amended). Therefore, under whose authority is DFES granted the right to do this? (6) Regarding the answer to (e)
in the original question on notice No. 601, if DFES has nil fees for their services, how does DFES allocate an operating budget for these services?
AnswerView source ↗
Answered
7 May 2014
Responded by
Attorney General representing the Minister for Emergency Services
Response time
50 days
The Department of Fire and Emergency Services (DFES) advises:
(1) Under the
Building Regulations 2012
clause 18B(1) there is a legislative requirement for building surveyors to provide the Fire and Emergency Services (FES) Commissioner plans and specifications for buildings in sufficient detail to allow assessment of compliance with the FES Commissioner's operational compliance.
(2) DFES raises concerns with the Building Commissioner via the
Building Services (Complaint Resolution and Administration) Act 2011
.
(3) DFES does not comment on all aspects of a submission. In accordance with Building Regulation18B(1) DFES provides comment on operational compliance which pertains to sections of the National Construction Code Series 2014, Volume One (BCA), Classes 2- 9 Buildings.
(4) DFES' operating budget is funded via the Emergency Service Levy (ESL), Government appropriations and other revenue sources. Budget allocations for DFES services are based on service delivery resource requirements subject to budget constraints.
(5) The
Building Code of Australia 2014,
for Class 2 - 9 Buildings, section E1.9
Fire precautions during construction
details fire precautions that must be complied with during construction. To assist project construction DFES provides feedback in a number of forms to project stakeholders regarding compliance with section EL1.9. This service is provided to assist with reducing the risk of fire during construction and final building compliance costs.
(6) DFES' operating budget is funded via the Emergency Service Levy (ESL), Government appropriations and other revenue sources. Budget allocations for DFES services are based on service delivery resource requirements subject to budget constraints.
(1) Under the
Building Regulations 2012
clause 18B(1) there is a legislative requirement for building surveyors to provide the Fire and Emergency Services (FES) Commissioner plans and specifications for buildings in sufficient detail to allow assessment of compliance with the FES Commissioner's operational compliance.
(2) DFES raises concerns with the Building Commissioner via the
Building Services (Complaint Resolution and Administration) Act 2011
.
(3) DFES does not comment on all aspects of a submission. In accordance with Building Regulation18B(1) DFES provides comment on operational compliance which pertains to sections of the National Construction Code Series 2014, Volume One (BCA), Classes 2- 9 Buildings.
(4) DFES' operating budget is funded via the Emergency Service Levy (ESL), Government appropriations and other revenue sources. Budget allocations for DFES services are based on service delivery resource requirements subject to budget constraints.
(5) The
Building Code of Australia 2014,
for Class 2 - 9 Buildings, section E1.9
Fire precautions during construction
details fire precautions that must be complied with during construction. To assist project construction DFES provides feedback in a number of forms to project stakeholders regarding compliance with section EL1.9. This service is provided to assist with reducing the risk of fire during construction and final building compliance costs.
(6) DFES' operating budget is funded via the Emergency Service Levy (ESL), Government appropriations and other revenue sources. Budget allocations for DFES services are based on service delivery resource requirements subject to budget constraints.
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