Premises Standards: main changes from the 2004 draft
The Regulation Impact Statement (RIS) contains a section which provides a valuable overview of the draft Premises Standards and where it differs from the earlier 2004 draft.
Part 5 of the RIS is reproduced below for your ease of access. The full RIS is available on the Standing Committee on Legal and Constitutional Affairs website along with all the other documents (in PDF and RTF format).
5. Description of the proposed regulations
5.1. Overview
This section provides a general description of the Premises Standard and, in relation to the technical provisions themselves, highlights the main differences between the proposed provisions and the existing BCA access requirements. This is the basis for the analysis of incremental benefits and costs conducted in the following sections. Given that the BCA is currently the only legislative source of detailed technical requirements in relation to building accessibility, comparison with the existing BCA requirements provides the best basis for assessing the likely incremental costs and benefits of the proposed Standard.
In this context, it should be noted that the BCA is a performance-based document which specifies regulatory obligations in a four part hierarchy of:
• Objectives;
• Functional Statements;
• Performance Requirements; and
• Building Solutions (Deemed-to-Satisfy (DTS) provisions and Alternative Solutions).
The following identification of changes is essentially focused on the DTS provisions, for two reasons. First, this enables the clearest understanding of the likely practical impact of the changes. Second, experience suggests that the DTS provisions are widely used in practice. Thus, they constitute the most reliable means of interpreting the Performance Requirements set out in the BCA. The identification of changes effectively compares the existing BCA requirements with the proposed Premises Standard/revised BCA requirements.
This chapter also highlights the changes that have been made to the 2004 draft Premises Standard proposal in response to stakeholder comments received after the publication of the draft RIS and the further analysis and discussions that have been undertaken since that time.
5.2. Description of specific requirements
5.2.0 Upgrading existing buildings
Where triggered by a development application or building approval.
When a building owner makes a development or building application, this would trigger responsibility for providing access under the Premises Standards for the owner. However, such responsibility would not arise for the owner in respect of applications made by tenants of the building.
In the case of a tenant, where the Premises Standard is triggered through a development or building approval, the tenant is limited to providing access to within the affected tenant's leased portion of the building as per the requirements of the Premises Standard. This would be required with or without a path of travel from the front entrance of the building to the tenant's entrance, depending on whether or not the front entrance of the building was subject to the development, or building, application from the tenant. If the tenant has responsibility for sanitary facilities, these too would be required to be upgraded by the tenant.
The owner would be responsible for providing access if the owner instigates work on the floor which is being upgraded. This would include providing a path of travel from the site entrance to the new work, as well as upgrades to the building core (i.e. lifts, and toilets on the floors being upgraded). Upgrading sanitary facilities to be accessible would be an owner's responsibility during such upgrades.
Where a floor has an existing accessible toilet compliant with 80 th percentile dimensions (i.e. AS1428.1 (2001)), further upgrade of that toilet to the 90 th percentile is not required. However, where otherwise required, an owner (or tenant) would still need to provide one accessible toilet per floor and (where a floor has more than one bank of toilets), an accessible toilet at not less than 50% of those banks.
Change from the 2004 draft proposal
[The 2004 draft proposal is that which was analysed in the draft RIS published in February 2004.]
The 2004 draft proposal required that the entire building be made accessible if it underwent extensive building work. For example, a program where the new building work, plus the work carried out over the previous 3 years, affected more than 50% of the volume of the building is considered as one “extensive” refurbishment.
An inaccessible existing building being extended was also required to be made accessible, for example, where the extension is greater than the existing building (thus exceeding 50% of the total volume of the completed building) and the addition is being integrated into the existing building.
Where building work in an existing inaccessible building is considered significant building work, but not extensive building work, the 2004 draft proposal required that access be provided to the area of the new work and to any essential facilities associated with the new work. For example, any toilets, communal laundries or cafeteria that serves the area of the new work.
5.2.1. Inclusion of Class 1b buildings
Access requirements are to apply for the first time to Class 1b buildings. Class 1b buildings are smaller boarding houses, cabins, guest houses, hostels and the like. Access will be required where 4 or more dwellings are provided on one allotment for the purposes of short-term holiday accommodation. Access will also be required to Class 1b buildings that provide 4 or more bedrooms for commercial accommodation purposes such as bed and breakfast type accommodation. Class 1b buildings that are below the threshold are not covered by the Premises Standard and will remain subject to the general complaints provisions of the DDA.
Change from the 2004 draft proposal
The threshold for the application of the requirements of the Standard was three or more bedrooms/dwellings, with Class 1b buildings below this threshold not subject to any requirement for accessibility but being protected from a successful complaint under the DDA.
5.2.2. Class 2 buildings
Access to and within Class 2 buildings and associated facilities will not be regulated by the Premises Standard. Class 2 buildings will continue to be covered by the general complaints provisions of the DDA.
Change from the 2004 draft proposal
Access to certain common areas and features of Class 2 buildings and associated facilities was included in the original proposal.
5.2.3 Class 3 buildings
The ratio of rooms to be made accessible for people with a disability will be increased in Class 3 buildings. Class 3 buildings are residential buildings including backpackers' accommodation, hotels/motels, accommodation for the aged etc.
The effects of the change would be slight in most cases, but different “breakpoints” in the table which sets out the requirements mean that there will be a moderate impact in some cases. For example, a 15 unit facility would require two accessible units, rather than one at present, but a 40 unit facility would continue to require two accessible units as is currently the case.
No change from the 2004 draft proposal
5.2.4. Class 5, 6, 7b, and 8 buildings
These classes include offices, shops, premises in which goods or services are offered for sale (including dining facilities and the like) or in which goods are stored. Access requirements are to be extended to include all levels within each of these classes of buildings. The current accessibility requirements for these classes of buildings are limited to the entrance level and to those levels to which a lift or ramp is provided.
Change from the 2004 draft proposal
An exemption has been included for storeys (not including the entrance storey) in buildings of 3 storeys or less, which have a floor area for each storey excluding the entrance storey of not more than 200m 2 . This concession exempts parts of 'small buildings' from the Access Code requirements.
5.2.5 Threshold ramps
No restrictions will be placed on the use and location of threshold ramps, beyond those already contained in the current BCA and AS 1428.1 provisions for the construction of threshold ramps. However, maximum height and gradient have been reduced.
Change from the 2004 draft proposal
The original proposal included two options for consideration during the public consultation period. These options were:
• That threshold ramps not be permitted as a means to provide access.
• That thresholds ramps only be allowed at external entrances with dimensions and gradients reduced from those currently allowed.
5.2.6. Number of accessible entrances
Access is to be provided to 50% of entrances including the principal pedestrian entrance, and where a building has a floor area greater than 500m 2 a pedestrian entrance that is not accessible must not be located more than 50 metres from an accessible entrance. By contrast, existing BCA requirements are limited to providing access through the principal pedestrian entrance.
Change from the 2004 draft proposal
The original proposal required access to be provided to and within all entrances other than those entrances serving areas not required to be accessible. In buildings with small floor areas (i.e., less than 500m2 ) a concession for only 50% of entrances to be accessible was included.
5.2.7. Passing and Turning spaces
Passing spaces must be provided at 20 metre intervals on parts of an accessway where there is no direct line of sight. Turning spaces must be provided within 2m of the end of accessways where it is not possible to continue travelling along the accessway, and at maximum 20 metre intervals along the accessway. Passing and turning spaces must comply with AS 1428.1 and a passing space may serve as a turning space. The BCA currently does not include any provisions with respect to passing and turning spaces.
Change from the 2004 draft proposal
The original proposal included two options for consideration during the public consultation period. These options were:
Option 1. That a passing and turning space be provided every 9 metres.
Option 2. That a passing and turning space be provided every 20 metres.
The option of 20 metre intervals has been adopted, but in respect of passing spaces, only where a direct line of sight is not available.
5.2.8. Exemptions
Clause D3.4, specifying exemptions, has the effect (vis-à-vis the current Clause D3.4. “concessions”) of specifying in detail, those areas to which provision of access would be “inappropriate because of the particular purpose for which the area is used”. It also effectively deletes the existing concession that only 30% of a restaurant, bar etc. is required to be accessible.
Change from the 2004 draft proposal
Refer earlier discussion regarding exemptions for access to small buildings.
5.2.9. Car parking
The number of accessible car parking spaces to be provided in clinics and day surgeries will be doubled from current requirements.
No Change from the 2004 draft proposal
5.2.10. Hearing Augmentation
The requirements for hearing augmentation have been extended to cover more areas within buildings and the provisions are more prescriptive in terms of which forms of hearing augmentation may be used. Receivers, sufficient to cater for 4% of the total number of occupants are required.
Change from the 2004 draft proposal
Under the original proposal, receivers were required for approximately 2% of the total number of occupants. The increase to 4% aligns more closely with international Standards.
5.2.11. Wheelchair seating spaces in auditoria
The number of accessible wheelchair spaces to be provided is to be increased. Minimum requirements for the grouping of wheelchairs are also to be provided. Current BCA provisions do not require grouped seating to be provided or wheelchair access to a range of locations within an auditorium.
No Change from the 2004 draft proposal
5.2.12. Ramps
A height limitation (3.5 metres) will be introduced on the use of ramps for access to and into buildings. The minimum landing length of ramps will be 1200mm unless a change in direction is required.
Change from the 2004 draft proposal
The original proposal would have increased all landing lengths to 1500mm.
5.2.13. Glazing
Specific safety requirements for glazing installed on an access way are to be implemented for the first time.
No Change from the 2004 draft proposal
5.2.14. Lifts
Substantial additional prescription on the uses (and limits to use of) different lifting devices has been included. In particular, specifications on swimming pool lifts were added, since certain swimming pools are to be required to be accessible for the first time.
Lift floor plates accommodating the 80 th percentile (current BCA) wheelchair size will be permitted in buildings with lifts that travel no more than 12m. Lifts travelling more than 12m are required to accommodate the 90 th percentile wheelchair size. Constant pressure devices and key locks will be permitted.
Existing lifts in existing buildings which accommodate the 80 th percentile wheelchair size will not be required to upgrade to lifts which accommodate the 90th percentile wheelchair size.
Lift access is not required to the upper level of a car park building if there are no accessible car spaces on that level.
Change from the 2004 draft proposal
Under the 2004 draft proposal, all lifts were required to comply with the 90 th percentile dimensions and constant pressure devices to operate lifts were not permitted.
5.2.15. Sanitary facilities
Sanitary facilities for people with ambulant disabilities for each sex are proposed to be required at each bank of toilets where two or more toilets are provided. The current requirement for these toilets apply only to Class 10a buildings and the required ratios are less stringent.
In Class 3, 5, 6, 7, 8 and 9 buildings, it is proposed that all sanitary facilities for people with a disability be required to be unisex and that they be provided on every storey that contains sanitary compartments, and at not less than 50% of the banks of toilets where more than 1 bank is provided on a storey. The proposed requirement will effectively increase the number of accessible sanitary facilities that need to be provided.
Change from the 2004 draft proposal
Accessible facilities will now not be required in common areas of Class 2 buildings as the Premises Standard will not apply to Class 2 buildings.
For Class 5, 6, 7, 8, and 9 buildings, the 2004 draft proposal required unisex accessible sanitary facilities at every bank of toilets, rather than only at 50% of those banks.
5.2.16. Swimming pools
Access requirements for entry into swimming pools for people with a disability will be introduced for the first time and will apply to swimming pools with a perimeter greater than 40m and that are associated with a building required to be accessible. Various options for pool entry are described, depending on the size of the swimming pool. [Note that pools associated with a sole occupancy unit are not required to be accessible.]
Change from the 2004 draft proposal
The 2004 draft proposal would have required access to be provided to all swimming pools associated with a building required to be accessible regardless of the size of the pool.
5.2.17. Accessible links between buildings
The requirement for provision of accessible links between buildings is extended to include buildings on different allotments that are linked for the purposes of associating those buildings.
No Change from the 2004 draft proposal
5.2.18. AS 1428.1 Design for access and mobility – General requirements for access – New building work
A new edition of this Australian Standard is to be adopted, incorporating the following key changes from current requirements:
- The 90 th percentile spatial dimensions will be adopted in relation to specific locations, including new unisex accessible sanitary facilities, new lifts travelling more than 12 metres, doorways and associated circulation spaces and on accessways at locations where there is a turn of more than 60 degrees. Other dimensions will remain at the current 80 th percentile.
- The configuration of passing and turning spaces will be detailed to complement the requirements of the Premises Standard.
- Visual indicators will be required on glazing along an accessway.
- Step and threshold ramp configurations will be revised to make them safer for people who use wheelchairs.
Change from the 2004 draft proposal
The 2004 draft proposal applied the 90th percentile dimensions in all contexts.
5.2.19. AS 1428.4 Design for access and mobility – Tactile ground surface indicators for the orientation of people with visual impairment
A new edition of this Australian Standard is to be adopted. There are no significant changes proposed to this Standard but the location of information has been rearranged to enable a single section to be referenced which is applicable to the design and construction of buildings.
No Change from the 2004 draft proposal
5.2.20. AS 2890.1 Parking facilities – Off-street car parking
A new edition of this Australian Standard is to be adopted, incorporating new configurations for car parks.
No Change from the 2004 draft proposal
5.3 Decision criteria for specific elements of the Premises Standard
The above discussion of the specific provisions of the proposed Standard indicates that there are several areas in which partial or total exemptions from general requirements have been adopted. These exemptions have, indeed, become more numerous in the course of moving from the original proposal to the currently proposed Standard. In addition, a range of judgements have had to be made as to the appropriate degree of access to be provided. For example, the original proposal that all building entrances be accessible was modified such that it is currently proposed that only 50% of building entrances will be required to be made accessible.
Decision-making has been informed by the following factors:
- Feedback received through the public comment process;
- thresholds of acceptable cost effectiveness (e.g. for small versus large buildings); and
- practical implications for building ownership and use (e.g. for security, lift installation, threshold points).
In general, decisions made have sought to identify the most appropriate balance of costs and benefits in relation to individual provisions. Clearly, however, such judgements must be made qualitatively in most cases and there will necessarily always be room for disagreement on particular issues.
Building upgrade “trigger”
The 2004 draft proposal included a requirement that, where more than 50% of the floor area or volume of a building was upgraded within a three-year period, the requirements of the Premises Standard would need to be adopted in respect of the whole of the building. The modified Premises Standard proposal no longer includes this requirement. As a result, the costs of applying the proposed Standard in respect of major building upgrade works has been reduced when compared with the 2004 draft proposal.
