Image courtesy of Wattletree cottage accessible accommodation, Warburton Victoria
The hills around Marysville were full of these buildings pre the Black Saturday 2010 bushfires. We are not sure how many of them are being re-built, but the new Access to Premises Standard is going to have a significant effect on the new ones and those that are rebuilt. The “technical” part of the standard comes into the Building Code of Australia (BCA) in May 2011. So spare a thought for those owners who lost there business (and probably their home). Inclusion of disabled access for this use of building in the BCA is a good example in the increase in the scope of application of disabled access through the new Access to Premises Standard.
The 1b class was introduced to deal with smaller residential accommodation (Class 3) buildings where the additional fire safety requirements were considered overly onerous for a range of reasons, including cost. The Class 1b category comes with two further restrictions: a maximum of 300m2 floor area; and no more than 12 people.
In summary the following disabled access requirements are applicable to Class 1b buildings, including 1 of 4 short term accommodation dwellings:
- At least one bedroom and associated sanitary facilities;
- At least one of all facilities that are common to all bedrooms;
- Common facilities accessible by AS1428.1 ramp or lift;
- Access must be provided by a pedestrian principal public entrance, including from any accessible carpark(s) or other accessible building with a pedestrian link;
- (Certain access requirements apply for other entrances also);
- Ramps and stairways are required to comply with AS1428.1;
- Lifts must comply with E3.6 – AS1735.12;
- Accessways require turning and passing places;
- Carparking spaces are calculated based on the number of accessible bedrooms;
- Braile and Tactile signage to common accessible facilities;
- Ramps and stairways require tactile tiles; and
- Swimming pools require an accessible entry/exit.
There are still some important exemptions which apply, in addition to the unjustifiable hardship provisions in the standard. These are in D3.4 are include:
- “an area where access would be inappropriate because of the particular purpose for which the area is used”;
- “an area that would pose a health or safety risk for people with a disability”; and
- accessways to these parts.
No guidance is provided in D3.4 as to examples of these types of areas. On top of these more “technical” exemptions are the “unjustifiable hardship” provisions in the standard itself.
The standards are not retrospective, in that they only apply to new buildings (but this does not mean existing B&B’s cannot have a claim made through the relevant state based HREOC).
In addition to the current description for Class 1b as per the BCA2010 a further criteria is added that will affect owners of farm stay accommodation and the like. Four or more dwellings on a single allotment used for short term holiday accommodation are also considered to be Class 1b for the purposes of the standards.
Class 1b buildings are dealt with through the Housing BCA. So previously Bed & Breakfast type buildings and the like have not had to deal with the requirements of disabled access in Part D3 of Volume 2 of the BCA. The draft of Volume 2 of the BCA 2011 (dated June 2010 on the BCA website) contains minimal reference to disabled access other than the definition of Class 1b buildings. The 1b access provisions are contained in Volume 1 (Non-domestic) of the BCA.
As of May 2011 the Access to Premises Standards will provide a basis for disabled access to be a requirement in Class 1b buildings, such as Bed and Breakfasts.
Tags: Building Permits, Building Regulations, Disabled Access