There is a stated concern that 'alternative solutions' are accepted under the BCA but not available in the Premises Standard, except perhaps as may fall under 'concessions'. The concern is without foundation.
The BCA has, since 1996, promoted itself as a Performance Code. Here's how it goes about it.
A0.4 Compliance with the BCA
A Building Solution will comply with the BCA if it satisfies the Performance Requirements.
A0.5 Meeting the Performance Requirements
Compliance with the Performance Requirements can only be achieved by:
(a) complying with the Deemed-to-Satisfy Provisions; or
(b) formulating an Alternative Solution which
(i) complies with the Performance Requirements; or
(ii) is shown to be at least equivalent to the Deemed-to-Satisfy Provisions; or
(c) a combination of (a) and (b)
While the BCA replicates the Access Code, the latter has no such compliance declarations, although it has the same performance requirements and deemed-to-satisfy provisions. Instead, it relies upon the more general section of the Premises Standards, which says:
3.2 Compliance with Access Code
(1) For section 3.1, a building certifier or building developer of a relevant building is taken to have ensured that the building complies with the Access Code if the building complies with:
(a) the following clauses of the Access Code:
(i) clauses D3.1 to D3.12
(ii) clause E3.6
(iii) clauses F2.2 and F2.4, and
(b) for a public transport building — Part H2 of the Access Code.
Note: The provisions mentioned in paragraphs (a) and (b) are described as deemed-to-satisfy provisions. They are limited to matters relating to the design and construction of a building, so this subsection applies only to building certifiers and building developers.
- Subsection (1) is not intended to limit the way in which a relevant building may otherwise satisfy the applicable performance requirements.
- Without limiting subsection (2), a relevant building is taken to comply with the Access Code if the building provides a level of access that is not less than the level that the building would have provided if it had complied with the provisions mentioned in subsection (1).
Subsection (2) allows 'other' solutions, without naming them as 'alternative', and subsection (3) declares the yardstick against which they should be assessed.
It seems highly unlikely that an alternative solution which meets the BCA performance requirements would fail, if ever tested separately, to satisfy the Access Code performance requirements, since their text is identical.
The number of circumstances under which compliance with the Access Code is required when BCA compliance is not will diminish quite rapidly, as building applications to be determined under earlier editions of the BCA disappear.
Conclusion
The absence in the Premises Standards of any mention of alternative solutions is not seen to render it deficient or inoperable.
The following extracts from the Guideline on the Application of the Premises Standards (Australian Human Rights Commission, February 2013) are relevant.
A.4 Relationship with Building Code of Australia and State and Territory Building Laws and Regulations
One of the main objectives behind developing the Premises Standards was to develop a single set of design and construction requirements covering access to new buildings and upgrades to existing buildings.
The Building Code of Australia (BCA) is being amended so it is consistent with the Access Code of the Premises Standards. Relevant state and territory building laws and regulations are also being reviewed with a view to them being amended to ensure administrative provisions of the Premises Standards are also consistent as far as possible.
While legally the two sets of requirements must remain separate documents the intention is that compliance with the new BCA and state and territory building laws and regulations will also ensure compliance with the Premises Standards.
A.9 Complying with the Access Code
It is unlawful under the DDA to contravene the Premises Standards.
Enforcement of the Premises Standards continues to be through the DDA complaints mechanism.
The Access Code is written in the same style as the BCA in that it has a number of Performance Requirements that are expressed in broad terms and references to a number of technical Deemed-to-Satisfy Provisions.
The Deemed-to-Satisfy Provisions refer in many cases to technical details in Australian Standards such as AS1428.1, which is the primary Australian Standard relating to building access for people with disability.
Those responsible for buildings, however, can ensure the building complies with the Access Code by:
a) complying with the relevant Deemed-to-Satisfy Provisions of the Access Code (subsection 3.2(1)), or proposing an alternative to the Deemed-to-Satisfy Provisions that satisfies the Performance Requirements of the Access Code, or can be shown to be at least equivalent to the Deemed-to-Satisfy Provisions of the Access Code (subsections 3.2(2) and (3)).
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