Image courtesy of mysurgerywebsite.co.uk
Wow! Did we bite off more than we could chew here! We started by trying to do a summary of the all exemptions. We have virtually started writing a white paper (or is it a green paper)? So we had to take a bex and lie down.
Take two. Let’s eat this elephant piece by piece. As a first snack of this elephant we have decided to list some of the key exemptions in Part 4 of the Standards which is called “Exceptions and Concessions”.
So, before we summarise the exceptions let’s just revisit the real whammy here in the Standards. It’s the concept of the “affected part”. It’s because of this that the exemptions may be so critical for applicants for building permits.
The affected parts are:
- “the principal pedestrian entrance of an existing building that contains a new part; and
- any part of an existing building, that contains a new part, that is necessary to provide a continuous accessible path of travel from the entrance to the new part.”
Here is a short case study to explain what this means:
OK, the new part is the fitout of the office. So the principal public entrance of the existing building, as an affected part, that contains the new part must be brought into compliance. Also the lift in that continuous accessible path of travel from the public entrance, as an affected part, and any path of travel that is through the existing building to the new part, as an affected part, must also be brought into compliance. (Yes, this is an OMG moment, but wait there’s more -)
The key exemptions are in Part 4 of the Standards:
(We have ignored for this blog post the access to “Unjustifiable Hardship” exemption – it goes over two pages – we will try and get back to this.)
For Lessees (make sure they apply for the permit)
In Clause 4.3 Lessee (exemption) it exempts the building certifier, the building developer and the building manger from having to enforce compliance for an affected part. (PS that includes the Architect!) where the Lessee makes the application for the building permit.
The lift concession (for building permits)
There is a requirement in a building where the existing passenger lift is an affected part that it must be brought into compliance to have a floor dimension of not less than 1 400 mm x 1 600 mm.
The toilet concession (for building permits)
Basically this says that for new building work, in existing buildings, that if the existing disabled dunny (and showers?!?) complies with the 2001 version of AS1428.1 then you don’t have to upgrade to 2009.
So in summary – make sure it’s the lessee who applies for the building permit!
Tags: access to premises standards, Building Permits, disability standards, Disabled Access