Standards - Australian Human Rights Commission

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Transcript Standards - Australian Human Rights Commission

Australian Building
Codes Board
Disability (Access to Premises –
Buildings) Standards
2010 Awareness Seminars
Areas to be covered
• Why Premises Standards
• Development process
• Premises Standards
Exceptions and concessions
• 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
• 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
Aust. Gov't requests development of proposal (2001)
BAPC and Technical Working Group
Report to ABCB
Directions Report and
National Seminar Series (2001)
Public consultation (2004)
ABCB consideration of BAPC advice (2005)
National seminars
Advice to Ministers (2005-2006)
Targeted consultation
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)
L&CA Committee report “Access All Areas” released (June 2009)
Tabling of Premises Standards (March 2010)
Premises Standards
• Legal application
Exceptions and concessions
• 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,
• 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
• 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)
• 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
• 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
• 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
• 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-tosatisfy 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 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
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.