Frequently asked Questions – Disability Standards on Access to Premises Standards
Last updated: 13 May 2011
These Fequently asked Questions provide an overview of the main provisions of the Premises Standards and should not be seen as covering all relevant issues. To see full details of the Premises Standards click here.
These Frequently asked Questions will be updated in the light of experience. If you have a question that you think should be included please contact disabilitys@humanrights.gov.au
Where can I get more information on the Premises Standards?
the Australian Human Rights Commission has produced a number of guidelines and other related information on access in the built environment. Links to these are provided below.
- Copies of the Premises Standards can be downloaded at http://www.comlaw.gov.au/Details/F2010L00668
- Information on how to better understand the application and content of the Premises Standards, please see the Australian Human Rights Commission’s publication Guideline on the Application of the Premises Standards which can be found at http://www.humanrights.gov.au/disability_rights/standards/PSguide.html
- The Premises Standards, Frequently Asked Questions, legislative history and background information is available on the Attorney Generals Department website at http://www.ag.gov.au/premisesstandards (The Premises Standards can be found at the bottom right corner of the page in the ‘Related links – Legislation’ section)
- A free webcast of an awareness seminar on the Premises Standards, delivered by the Australian Human Rights Commission and Australian Building Codes Board (ACBC) in late 2010, is available at www.humanrights.gov.au/disability_rights/buildings/webcast.html or through the ABCB website at www.abcb.gov.au/
- Other resources on access to buildings and services to assist people with disability, developers, building professionals and those interested in building access can be found on the Commission’s website at http://humanrights.gov.au/disability_rights/buildings/access_to_premises.html
- The BCA and Premises Standards refer to a number of technical documents (Australian Standards) that provide the detailed specifications for building features such as ramps, accessible toilets, stairs and signage. Australian Standards can be purchased from http://www.saiglobal.com/
The Commission does not however have the resources or expertise to provide technical advice on the development, design, construction, certification or management of buildings to which the standards apply.
For technical compliance questions please note that the compliance requirements of the Premises Standards (as found in Schedule 1 Access Code for Buildings) are replicated in the content of the new Building Code of Australia (BCA). Inquiries about technical questions can, therefore, be directed to suitably qualified and experienced professionals in the design, construction and certification area such as an architect, building surveyor or Local Government Building Certifier.
They could also be directed to the state and territory building control administrations. A contact list for these bodies is included below.
Contact details for state and territory building control administrations
AUSTRALIAN CAPITAL TERRITORY
ACT Planning and Land Authority
Ground Floor South, Dame Pattie Menzies House
16 Challis Street, Dickson ACT 2602
GPO Box 1908, Canberra City, ACT 2601
Telephone: 02 6207 1923 |
E-mail: actpla.customer.services@act.gov.au
Web site: www.actpla.act.gov.au
NEW SOUTH WALES
Dept of Planning, Lands Department Building
23-33 Bridge Street
Sydney NSW 2000
GPO Box 39 Sydney NSW 2001
Telephone: 02 9228 6111 |
E-mail: information@planning.nsw.gov.au
Hours: 9.00am-5.00pm Mon – Fri, however BCA technical questions will be answered 9.30 – 11.30 Tue-Thu on 9228 6529
Web site: www.planning.nsw.gov.au
NORTHERN TERRITORY
Dept of Planning and Infrastructure
Building Advisory Services Branch
Ground Floor, 38 Cavenagh House
Cnr Cavenagh and Knuckley Streets, Darwin NT 0800
GPO Box 1680, Darwin, NT 0801
Telephone: 08 8999 8960 |
E-mail: fabio.finocchiaro@nt.gov.au
Web site: www.nt.gov.au
QUEENSLAND
Department of Infrastructure and Planning
Building Codes Queensland Division
Level 3, 63 George Street, Brisbane QLD 4000
PO Box 15009, City East QLD 4002
Telephone: 07 3239 6369 |
E-mail: buildingcodes@dip.qld.gov.au
Hours: 8.30am-5.00pm
Web site: www.dip.qld.gov.au
SOUTH AUSTRALIA
Department of Planning and Local Government, Building Policy
Roma Mitchell House
136 North Terrace, Adelaide SA 5000
GPO Box 1815, Adelaide SA 5001
Telephone: 08 8303 0602 |
E-mail: plnsa.building@saugov.sa.gov.au
Hours: 9.00am-5.00pm
Web site: www.planning.sa.gov.au
TASMANIA
Department of Justice, Workplace Standards Tasmania
Building Control Branch
30 Gordons Hill Road, Rosny Park TAS 7018
PO Box 56, Rosny Park, TAS, 7018
Telephone: 03 6233 7657 |
E-mail: wstinfo@justice.tas.gov.au
Hours: 9.00am-5.00pm
Web site: www.wst.tas.gov.au
VICTORIA
Building Commission Victoria
733 Bourke Street, Docklands, Victoria, 3008.
Telephone: 1300 815 127 (general)
1300 360 380 (BPB/Owner Builders)
E-mail: technicalenquiry@buildingcommission.com.au
Hours: 8.30am-5.00pm
Web site: www.buildingcommission.com.au
WESTERN AUSTRALIA
Building Commission
Dept of Commerce
31 Troode st
West Perth WA 6005
Telephone: 1300 489 099 |
E-mail: info@buildingcommission.wa.gov.au
Hours: 8.30am-5.00pm
Web site: www.buildingcommission.wa.gov.au
You might also consider seeking advice from a suitably experienced access expert through organisations such as the Association of Consultants in Access Australia at http://www.access.asn.au/ or similar.
If your inquiry relates to a legal question concerning the administration and application of the Premises Standards you should seek legal advice from a suitably qualified and experienced legal practitioner.
If your inquiry relates to the broader application of the BCA and state and territory building law please refer to your state or territory government building administration.
If your inquiry is in relation to a possible complaint about access to a particular building please call the Australian Human Rights Commission Complaints Inquiry line on 1300 656 419 or TTY 1800 620 241 or visit the Commissions website at http://www.hreoc.gov.au/complaints_information/index.html
Why develop Premises Standards?
Since the Disability Discrimination Act (DDA) came into force in March 1993 complaints to the Australian Human Rights Commission have showed significant inconsistencies between anti-discrimination law and current building law in Australia .
These inconsistencies have covered both the level of access required, for example the area of coverage of a hearing augmentation system in a conference room, and the amenity of the access provided, for example the location of unisex accessible toilets and location of accessible entrances.
Progressive changes to the national building code - the Building Code of Australia (BCA) - have been made since 1995 to address these inconsistencies, but in 2000 significant momentum was given to the process when the Commonwealth Government amended the DDA to allow for the development of Disability Standards for Access to Premises (Premises Standards).
This amendment allowed for the development of a mechanism that will clarify accessibility requirements under the DDA and ultimately ensure consistency between building law and the DDA.
What is the overall aim of the Premises Standards
The overall aim of the Premises Standards is twofold:
- First it is to provide the design, building and certification sectors with detailed information about how they can design, construct and certify buildings in a way that meets the requirements of the Disability Discrimination Act (DDA).
- Second it is to improve access to buildings for people with a disability to ensure the greatest possible participation in the social, economic, cultural and political life of the community.
Very early on in discussions on the Premises Standards agreement was reached among representatives from the disability, property, building and government sectors that when finished the access requirements of the Premises Standards should be reflected in a new revised Building Code of Australia (BCA).
This would mean that the building industry could have confidence that if they designed and constructed their buildings according to the requirements of the revised BCA they would also be complying with the Premises Standards and the DDA on those matters covered by the Premises Standards.
Who developed the draft Premises Standards
Before 2000 the Australian Building Codes Board (ABCB) along with key stakeholder group had been working on making gradual changes to the Building Code of Australia (BCA) to make it more consistent with discrimination law.
The committee established to do this work was the Building Access Policy Committee (BAPC) which included representatives from the disability sector, design and building sector, property owners, certifiers and all levels of government.
In 2000 changes made to the DDA to allow for Access to Premises Standards and the then Government asked the ABCB to develop draft Premises Standards. The ABCB asked the BAPC to do the drafting.
In 2004 a draft Premises Standards and a Regulation Impact Statement were released for public comment and in 2005 following an assessment of the public comments on the draft and further negotiation the BAPC provided its report to the ABCB. This report included an account of differing views of what should be in the Premises Standards where agreement could not be reached.
Later in 2005 the ABCB provided its advice to the then Ministers along with its views on the issues BAPC could not agree on.
In 2006 ABCB provided further advice and a revised Regulation Impact Statement to the then Ministers.
In December 2008 the Attorney General and the Minister for Innovation, Industry, Science and Research tabled a draft Disability (Access to Premises – Buildings) Standards which was referred to the House of Representatives Legal and Constitutional Affairs Committee with a request that the Committee consult on the draft and report by the middle of 2009.
Which buildings do the Premises Standards apply to?
The Premises Standards apply to all new buildings approved after the date the standards come into force. They will also apply to any new building work (renovations) in existing buildings that requires building approval. Some upgrades or improvements to buildings such as re-wiring, painting, replacement of heating or air conditioning systems or general maintenance are unlikely to require building approval. The trigger for application of the Premises Standards is whether or not a building approval is required.
So, for example, if a new office block is being built after the Premises Standards come into force they will apply to that new building.
If someone responsible for an existing building undertakes some new work which triggers the need for building approval the Premises Standards applies, but only to the new work that is the subject of the building application.
However, if the renovation is being done by the building owner (or a lessee if they occupy the whole building) then there would also be a requirement for an accessible path of travel from the building entrance to the new work.
The property and building sector has indicated that owners of buildings generally undertake significant upgrades of their buildings every 20 to 30 years (requirements in relation to ‘green' buildings may mean this timetable is in fact shorter) and that therefore most buildings will be captured by the Premises Standards requirements over time.
Those existing buildings that are not undergoing any new work are still subject to the existing complaints mechanism of discrimination law. So, for example, if a local shop has a step into it which means it is inaccessible for a person using a wheelchair that person could still lodge a complaint against the owner/operator.
Do the Premises Standards apply to every type of building?
Buildings are classified under building law according to the intended purpose at the time they are built. So, for example, a hotel is a Class 3 building and an office block is a Class 5 building. The Access Code in the Premises Standards gives details of which type of building is covered by the Premises Standards, but essentially it covers any public type building, including buildings which are primarily workplaces.
The draft Premises Standards do not cover Class 2 buildings which are apartment type buildings or Class 1a buildings which are stand alone houses such as detached houses or Townhouses. The draft Premises Standards do, however, cover Class 1b buildings which includes Bed and Breakfast accommodation, cabins in tourist parks, farmstay etc where there are 4 or more rooms or cabins.
Do the Premises Standards apply to all parts of a building
The Premises Standards generally apply to all parts of the building used by occupants. There are, however, a number of exceptions, exemptions and concessions. These can be found in Part 4 of the Premises Standards and Part D3.4 of the Access Code which is Schedule 1 of the Premises Standards.
The Premises Standards contain a general exception, the same as is found in the DDA, for situations involving an unjustifiable hardship. The Premises Standards spell out much more clearly, however, what factors would need to be considered by a Court if someone was defending their decision to not comply with the Premises Standards.
Does a person responsible for a building have to comply with the Premises Standards
The Premises Standards set out the level of access required to comply with the DDA on those matters covered by the Premises Standards. This applies to new buildings and those existing buildings undergoing renovation or change of use.
Failure to fully comply means that those responsible for the building are vulnerable to successful discrimination complaints unless they can put forward a defense of unjustifiable hardship.
Because the BCA will also be changed to reflect the content of the Premises Standards compliance will be achieved principally through the normal building certification process.
Existing buildings that are not undergoing any renovation or change of use (which triggers the need for a building approval) will not be directly subject to the Premises Standards but will continue to be subject to the existing provisions of the DDA and will continue to be exposed to complaints if access is not provided, as is the case now.
If something is not covered by the Premises Standards can complaints still be made?
At this stage the Premises Standards only cover those aspects of the design and construction of a building covered by the BCA. So, for example, the BCA does not cover some fitout issues such as the design of reception desks, circulation space in retail shop changing rooms or the provision of public telephones or drinking fountains within a building.
If an issue is not covered by the Premises Standards and someone experiences discrimination because the feature is not accessible a DDA complaint can be made.
Is there an exemption for providing access to the upper floors of small buildings?
Part D3.4 of the Premises Standards spells out a number of areas of a building where access is not required. This includes some areas such as loading docks, power plant rooms, a cleaners store room, mezzanine areas used only for storage and areas containing raw or hazardous materials.
This section also provides an exemption for small buildings used as retail shops (such as cafes and restaurants, grocers, hairdressers etc); offices; wholesalers and factories.
All of these buildings are required to provide access to the ground floor no matter how small.
However, if the building has one or two storeys above or below the entry level and these storeys are both less than 200 square meters floor area access to these other levels is not required by the Premises Standards.
So, for example:
- If a two storey building was 500 square meters on the entry level and the upper floor was 250 square meters access would be required to the upper floor as well as the entry level.
- If a three storey building was 250 square meters on the entry level and only 150 square meters on the first and second level access would only be required to the entry level.
- If, however, a three storey building was 250 square meters on the entry level, 250 square meters on the first level and only 150 square meters on the third level access would be required to all three levels.
There is nothing in the Premises Standards, however, to stop someone from providing access to all levels no matter how small the building on upper floors.
All these types of building must provide access to all levels if there are four or more levels.
Is access required into a swimming pool?
The Premises Standards require at least one form of access be provided to swimming pools open to the public if the swimming pool has a perimeter of more than 40 meters. This includes council pools, hotel pools available to all residents and health centre pools. There are different ways access into a swimming pool can be provided including a sling style lift, a platform lift, a zreo depth entry style or a fixed or movable ramp. If the swimming pool has a perimeter of more than 70 meters, however, at least one means of providing entry must be by a ramp, zero entry or platform lift.
Do the Premises Standards require more circulation space than the current BCA?
Generally yes it does. The Premises Standards refers to a number of technical specification documents developed by Standards Australia the main one being Australian Standard 1428.1. This gives all the technical details on how to design and construct accessible features,
AS 1428.1 is currently being upgraded to refect the new requirements of the Premises Standards. This will include increased circulation space in accessible toilets, most lifts, around doorways and on corridors where there is a bend of more than 60 degrees. The minimum width of passagways generally will stay the same as the current BCA, but there is a new requirement for passing spaces and turning spaces along passageways. Passing spaces are required every 20 meters where a direct line of sight is not available along the length of the passageway and turning spaces are required within 2 meters of the end of any passageway and every 20 meters irrespective of whether or not there is a clear line of sight.
Will the Premises Standards require an increase in the number of unisex accessible toilets?
Yes. The Premises Standards will require a unisex accessible toilet wherever there is a male and female toilet block. The only exception to this is where there are more than one male and female toilet blocks on a single floor such as in a sports stadium or shopping centre. In this situation a unisex accessible toilet will only be required at 50% of the toilet blocks.
If male and female toilet blocks are spread out such that male toilets are on one floor and female toilets are on another then a unisex accessible toilet will only be required at either the male or the female block.
The Premises Standards also require an ambulent accessible toilet cubicle in each male and female toilet block. An ambulent accessible toilet cubicle includes features such as a higher toilet seat and handrails.
