Australian Building Codes Board

Disability (Access to Premises –Buildings) Standards

2010 Awareness Seminars

Areas to be covered

• Why Premises Standards• Development process• Premises Standards

– Objects– Scope– Exceptions and concessions– Review

• Schedule 1 - Access code for buildings

Learning outcomes

Participants will be able to:• Understand the reasons for developing the

Premises Standards• Understand who is responsible for ensuring

compliance• Describe the scope and triggers for its application• Identify the general exceptions and concessions that

apply in specific circumstances• Describe the requirements of the Access Code as it

applies to specific Classes and areas of buildings

Snapshot of areas of change

Areas of change:– A number of new areas of access

requirements to those currently in the BCA– A number of improvements to access

provisions already in the BCA– A number of improvements to technical

Australian Standards referenced in the BCA – A number of State and Territory building

regulation changes being considered

BCA application

Performance requirement

Alternative Solution Deemed-to-satisfy – including Australian Standards

Why a Premises Standards

• Inconsistencies between DDA and BCA• DDA unclear about compliance levels• Complaints not delivering systemic change• Inconsistent response from industry • Broad industry and disability community call for

greater surety and clarity

Long term goals

• Achieve systemic improvements in access for public buildings

• Give as much surety as possible• Achieve consistency between DDA and BCA• Ensure Standards are consistently applied• Improve over time• Guidelines and FaQ

Development Process

BAPC and Technical Working Group

ABCB consideration of BAPC advice (2005)

Advice to Ministers (2005-2006)

RIS

National seminars

Targeted consultation

Aust. Gov't requests development of proposal (2001)

Public consultation (2004)Report to ABCB

Directions Report and National Seminar Series (2001)

Development Process (cont.)

Proposals tabled by A-G and referred to L&CA Committee (Dec 2008)

Inquiry established and public hearings conducted (March-April 2009)

Tabling of Premises Standards (March 2010)

L&CA Committee report “Access All Areas” released (June 2009)

Premises Standards

• Legal application– Objects– Scope– Exceptions and concessions– Review

Objects

• To ensure that dignified, equitable, cost effective and reasonably achievable access to buildings, and facilities and services within buildings, is provided for people with a disability, and

• To give certainty to building certifiers, building developers and building managers that, if access to buildings is provided in accordance with these Standards, the provision of that access, to the extent covered by those Standards, will not be unlawful under the Act

Scope

• Applies when a building approval is required for Specified Class 1b buildings and Class 3, 5, 6, 7, 8, 9 and 10 buildings for:– A new building– New work on or extension to an existing building and

any affected part of an existing building

• Also applies to new Class 2 buildings that include short-term rent units

• When an application for building approval is made after 1 May 2011 (or when building work begins for Crown projects if no approval)

Scope

• Affected part:– Applies to existing buildings undergoing new work– Requires a continuous accessible path of travel from

the principal entrance to the new work– Only applies if building applicant is the owner or the

lessee if they occupy the whole building

Scope

• Specified Class 1b is:– New Class 1b building with 1 or more bedrooms used

for rental accommodation– Existing building with 4 or more bedrooms used for

rental accommodation– 4 or more dwellings on same allotment and used for

short-term holiday accommodation

Scope

• Limited at this stage to those issues covered under the access provisions of the BCA

• Does not cover, for example:– Some fit-out and wayfinding issues– Management and staff practices– Existing buildings where no new work

• Areas not covered by Premises Standards still subject to DDA complaints

Emergency Egress

• Compliance with the BCA emergency egress provisions is compliance with the Premises Standards (A2.4)

• Subject to further work with a view to future changes

• Reliance on emergency management plans

Responsible parties

• Standards apply to:– A building certifier– A building developer– A building manager

… to the extent they are responsible or have control over the building

Multiple responsibilities

Public Transport Buildings (H2)

• Transferred from the Disability Standards for Accessible Public Transport

• Provides requirements for passenger use areas of public transport buildings and timetable for compliance of existing buildings

• Where there are differences between deemed-to-satisfy requirements of other parts of the Access Code and deemed-to-satisfy requirements of Part H2 then Part H2 takes precedence

Exceptions and concessions

• Unjustifiable hardship (UH)– Standards cannot account for all situations so law

requires retention of UH provisions– Must comply to maximum extent short of UH– Factors for consideration in Part 4 are guidance– Decisions of State or Territory body appointed to

make recommendations on access matters are relevant considerations

Exceptions and concessions

• Lessees - affected part not required to be upgraded if one lessee undertakes work

• Lift concession – today’s BCA of 1100mm by 1400mm for lifts travelling more than 12m

• Toilet concession – today’s BCA provisions relating to existing accessible toilets apply

Commission exemption power

• Limited to transport buildings under H2

Review

• Review must be completed within 5 years of commencement of Premises Standards

• Explanatory Statement identifies specific areas to be included in review undertaken by Minister for Innovation in consultation with A-G

Further information

http://www.ag.gov.au/premisesstandards

www.humanrights.gov.au

www.abcb.gov.au

The Australian Human Rights Commission is developing a Guideline on the application of the Premises Standards which should be available towards the end of 2010.

Further information can also be obtained through the Resource tab at the bottom left hand side of this webcast screen.