Can an RBS amend or change an Occupancy Permit?

Recently I received an email summarising the ongoing debate in Victoria as to whether a 'Relevant Building Surveyor' can amend or change an Occupancy Permit...

Here are the emails (with names removed to protect the sources);

Original Message

23 June 08

To whom it may concern,

I have a regulatory query in relation to when / how the schedule of essential safety measures may be amended, specifically in relation to adoption of AS1851-2005 (or its successors).

I understand that to simply move from existing 'old' maintenance regimes requires an application to the municipal building surveyor.

However if work is being undertaken on the sprinkler system, eg to install valves etc to permit monthly testing, can the private building surveyor who issues the permit for the works also issue an amended essential safety measures schedule or does it still need to be referred back to the municipal building surveyor?

Regards,

Engineering Services Manager

Reply # 1

Sent: Thursday, 26 June 2008
Subject: Amendments to OP Maintenance Schedules

Hello,

Thank you for your email of 23 June 2008 regarding amendment to the maintenance regimes for essential safety measures. I have been requested to respond and provide the following advice.

Section 70 of the Building Act 1993 (the Act) states that a Municipal Building Surveyor (MBS) may amend a permit or approval issued under Part 5 of the Act on application of the Owner or on behalf of the owner of the building or land concerned , or in any other case, if the amendment is necessary in the public interest. This includes the conditions of maintenance of essential safety measures. A Private Building Surveyor cannot amend an existing occupancy permit or its conditions.

Where building work is occurring in the building and a private building surveyor has been appointed as the Relevant Building Surveyor to issue a building permit for the work, there are a number of options available.

The RBS can issue a Certificate of Final Inspection in accordance with section 38 of the Act, and pursuant to 1204 must make a determination on the maintenance requirements of the safety measure. They must then provide a copy of the determination in writing to the owner of the building or place. The RBS, if appointed to do so, can then prepare a Maintenance Schedule pursuant to Regulation 1206 and consolidate the lists of maintenance of the OP and the Determination issued. As part of this process, if there is conflicting maintenance regimes specified between older and newer documentation, the Building surveyor would list the later maintenance requirements for the safety measure. In your example this process would list the later maintenance required for the Sprinkler system.

The RBS may issue a new occupancy permit for the building, if they decide that a new occupancy permit is required. In issuing a new Occupancy Permit the RBS must considered all other safety measures in the building, which must be listed on the new OP. This may present a difficult task for the RBS to identify all the existing essential safety measures, their installation standards and maintenance requirements at the time the building was originally constructed.

If you have any further queries please do not hesitate to contact me on the details below.

Regards,

Senior Technical Advisor

Reply # 2

Sent: 26 June 2008
Subject: RE: Amendments to OP Maintenance Schedules

Hi,

Thanks for your detailed reply, however I want to clarify just 1 aspect in relation to your statement "The RBS, if appointed to do so, can then prepare a Maintenance Schedule pursuant to Regulation 1206 ..."

From this statement I interpret that the Building Surveyor may not necessarily issue Maintenance Schedule as part of their certificate of final inspection, and if it is desired then it must specifically be requested to at the time of appointment of the RBS?

Can you confirm that my interpretation is correct?

Best Regards,

Engineering Services Manager

Reply # 3

Sent: 26 June 2008
Subject: RE: Amendments to OP Maintenance Schedules

Hello,

You are correct. There is no requirement that the RBS issue a Maintenance Schedule. The issuing of a determination and a maintenance schedule are two different requirements and functions.

A determination pursuant to Regulation 1204, for instance a determination issued as part of a certificate of final inspection is a function that the RBS must undertake.

A maintenance schedule pursuant to regulation 1206, is not a required as part of a certificate of final inspection. It is simply a method of allowing a consolidated list to be prepared where multiple OP?s or CFI exist for a building and it would be difficult to understand the maintenance required in a building. It is a separate function and any municipal or private building surveyor can do this. This can be undertaken at any time, and there does not need to be any building work in the building, where the RBS would be appointed.

What I did not put in my original email, is that the Maintenance Schedule issued under 1206, can not vary the maintenance listed on the OP?s or CFI. Therefore if the CFI and OP stated weekly maintenance for a safety measure then the maintenance must remain as weekly, unless the has been approved building work, such as your example then the RBS can issued the determination varying the maintenance to monthly and update then create or update the maintenance schedule if requested to do so. However as I stated above it is not a required function that RBS must undertake.

Hope this helps

Regards,

Senior Technical Advisor