Building (Earthquake-prone Buildings) Amendment Bill

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Hon Dr Nick Smith

Building (Earthquake-prone Buildings) Amendment Bill

Government Bill

182—2

Contents

Commentary
Key
1Title
2Commencement
Part 1
Amendments to principal Act
3Principal Act
4Section 4 amended (Principles to be applied in performing functions or duties, or exercising powers, under this Act)
5New section 5A and cross-heading inserted
Provisions affecting application of amendments to this Act
5AProvisions affecting application of amendments to this Act
Transitional, savings, and related provisions
5ATransitional, savings, and related provisions
6Section 7 amended (Interpretation)
7Section 11 amended (Role of chief executive)
7ASection 45 amended (How to apply for building consent)
8Section 85 amended (Offences relating to carrying out or supervising restricted building work)
9Section 95 amended (Issue of code compliance certificate)
9Section 95 amended (Issue of code compliance certificate)
10Section 112 amended (Alterations to existing buildings)
11Subpart 6 heading in Part 2 amended
12Cross-heading above section 121 replaced
Interpretation and application
13Section 122 repealed (Meaning of earthquake-prone building)
14New section 123A inserted (Application of this subpart to parts of buildings)
123AApplication of this subpart to parts of buildings
15Cross-heading above section 124 amended
16Section 124 amended (Dangerous, affected, earthquake-prone, or insanitary buildings: powers of territorial authority)
17Section 125 amended (Requirements for notice requiring building work or restricting entry)
18Section 128 amended (Prohibition on using dangerous, affected, earthquake-prone, or insanitary building)
19Section 128A amended (Offences in relation to dangerous, affected, earthquake-prone, or insanitary buildings)
20Section 129 amended (Measures to avoid immediate danger or to fix insanitary conditions)
21Cross-heading above section 131 amended
22Section 131 amended (Territorial authority must adopt policy on dangerous, earthquake-prone, and insanitary buildings)
23New subpart 6A of Part 2 inserted
Subpart 6A—Special provisions for earthquake-prone buildings
Interpretation and applicationApplication and interpretation
133AAInterpretation
133AABuildings to which this subpart applies
133ABMeaning of earthquake-prone building
133ABAMeaning of earthquake rating
133ABBMeaning of low, medium, and high seismic risk
133ACMeaning of priority building
133ACMeaning of priority building
133ADRole of territorial authority in identifying certain priority buildings
133ADApplication of this subpart to residential buildings
133AEApplication of this subpart to parts of buildings
Seismic capacity assessments
133AFTerritorial authority must assess seismic capacity of existing buildings
133AGChief executive must set methodology for seismic capacity assessments
133AHConsultation requirements for setting methodology
133AINotification and availability of methodology
What territorial authority must do after seismic capacity assessment
133AJTerritorial authority must notify building owner of outcome of assessment
133AKTerritorial authority must record outcome of assessment on seismic capacity register
133ALEarthquake-prone buildings: territorial authority must issue seismic work notice
133AMTime frame for territorial authority to act under sections 133AK and 133AL
133ANRequirements for seismic work notice
133AODeadline for completing seismic work
133APSeismic work notice to be removed when building no longer earthquake prone
133AQWhat territorial authority must do if definition of moderate earthquake amended
What building owner may do after seismic capacity assessment
133AROwner may provide alternative evidence of building’s seismic capacity
Identifying earthquake-prone buildings
133AFTerritorial authority must identify potentially earthquake-prone buildings
133AGTerritorial authority must request engineering assessment of potentially earthquake-prone buildings
133AHObligations of owners on receiving request for engineering assessment
133AIOwners may apply for extension of time to provide engineering assessment
133AJTerritorial authority must determine whether building is earthquake prone
Remediation of earthquake-prone buildings
133AKTerritorial authority must issue EPB notice for earthquake-prone buildings
133ALDeadline for completing seismic work
133ASOwner may apply for exemption from requirement to carry out seismic work
133ATOwner of Category 1Owners of certain heritage buildings may apply for extension of time to complete seismic work
133ATAEPB notices and EPB exemption notices to be attached to earthquake-prone buildings
133ATBTerritorial authority may assess information relating to earthquake-prone building status at any time
133AUTerritorial authority must update seismic capacity register as necessary
Powers of territorial authorities in respect of earthquake-prone buildings
133AVTerritorial authority may impose safety requirements
133AWTerritorial authority may carry out seismic work
133AXTerritorial authority may grant building consent for earthquake-prone building despite section 112(1)
133AXAlterations to buildings subject to EPB notice
Offences
133AYOffences in relation to earthquake-prone buildings
Time frame for completing seismic work on priority buildings
133AZTerritorial authority must set time frame for completing seismic work on priority buildings
133AZAAdoption and review of time frame
133AZBNotification and availability of time frame
133AZCWhat territorial authority must do if time frame amended or replaced
Methodology for identifying earthquake-prone buildings (EPB methodology)
133AZChief executive must set methodology for identifying earthquake-prone buildings (EPB methodology)
133AZAConsultation requirements for setting EPB methodology
133AZBNotification and availability of EPB methodology
Miscellaneous
133AZCWhat territorial authority must do if definition of ultimate capacity or moderate earthquake amended
24Section 154 amended (Powers of regional authorities in respect of dangerous dams)
25Section 155 amended (Requirements for notice given under section 154)
26New section 169A inserted (Chief executive must monitor application and effectiveness of subpart 6A of Part 2 (earthquake-prone buildings))
169AChief executive must monitor application and effectiveness of subpart 6A of Part 2 (earthquake-prone buildings)
27Section 175 amended (Chief executive may publish guidance information)
28Section 177 amended (Application for determination)
29Section 181 amended (Chief executive may make determination on own initiative)
30Section 216 amended (Territorial authority must keep information about buildings)
31Section 218 amended (Territorial authority must provide information to chief executive for purpose of facilitating performance of chief executive’s function under section 169)
32Section 222 amended (Inspections by territorial authority)
33Section 273 amended (Chief executive must keep registers)
34Section 274 amended (Purpose of registers)
35New sections 275A and 275B inserted
275AContent of seismic capacity register
275BRestriction on public access to certain information on seismic capacity register
275AContent of EPB register
275BModification of chief executive’s obligation to make EPB register available for public inspection
36Section 381 amended (District Court may grant injunctions for certain continuing breaches)
37New section 401C inserted (Regulations: earthquake-prone buildings)
401CRegulations: earthquake-prone buildings
38Section 402 amended (Regulations: general)
39Section 405 amended (Incorporation of material by reference into regulations, certain Orders in Council, acceptable solutions, and verification methods)
40New section 450A inserted (Application, savings, and transitional provisions relating to amendments to Act)
450AApplication, savings, and transitional provisions relating to amendments to Act
41New Schedule 1AA inserted
41AConsequential amendments to Building Amendment Act 2012
41BConsequential amendments to Fire Safety and Evacuation of Buildings Regulations 2006
Part 2
Amendment to Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005
42Principal regulations
43Regulation 7 replaced (Earthquake-prone buildings: moderate earthquake defined)
7Earthquake-prone buildings: moderate earthquake defined
Schedule
New Schedule 1AA inserted
Legislative history

The Parliament of New Zealand enacts as follows: