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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
1
Title
2
Commencement
Part 1
Amendments to principal Act
3
Principal Act
4
Section 4 amended (Principles to be applied in performing functions or duties, or exercising powers, under this Act)
5
New section 5A and cross-heading inserted
Provisions affecting application of amendments to this Act
5A
Provisions affecting application of amendments to this Act
Transitional, savings, and related provisions
5A
Transitional, savings, and related provisions
6
Section 7 amended (Interpretation)
7
Section 11 amended (Role of chief executive)
7A
Section 45 amended (How to apply for building consent)
8
Section 85 amended (Offences relating to carrying out or supervising restricted building work)
9
Section 95 amended (Issue of code compliance certificate)
9
Section 95 amended (Issue of code compliance certificate)
10
Section 112 amended (Alterations to existing buildings)
11
Subpart 6 heading in Part 2 amended
12
Cross-heading above section 121 replaced
Interpretation and application
13
Section 122 repealed (Meaning of earthquake-prone building)
14
New section 123A inserted (Application of this subpart to parts of buildings)
123A
Application of this subpart to parts of buildings
15
Cross-heading above section 124 amended
16
Section 124 amended (Dangerous, affected, earthquake-prone, or insanitary buildings: powers of territorial authority)
17
Section 125 amended (Requirements for notice requiring building work or restricting entry)
18
Section 128 amended (Prohibition on using dangerous, affected, earthquake-prone, or insanitary building)
19
Section 128A amended (Offences in relation to dangerous, affected, earthquake-prone, or insanitary buildings)
20
Section 129 amended (Measures to avoid immediate danger or to fix insanitary conditions)
21
Cross-heading above section 131 amended
22
Section 131 amended (Territorial authority must adopt policy on dangerous, earthquake-prone, and insanitary buildings)
23
New subpart 6A of Part 2 inserted
Subpart 6A—Special provisions for earthquake-prone buildings
Interpretation and application
Application and interpretation
133AA
Interpretation
133AA
Buildings to which this subpart applies
133AB
Meaning of earthquake-prone building
133ABA
Meaning of earthquake rating
133ABB
Meaning of low, medium, and high seismic risk
133AC
Meaning of priority building
133AC
Meaning of priority building
133AD
Role of territorial authority in identifying certain priority buildings
133AD
Application of this subpart to residential buildings
133AE
Application of this subpart to parts of buildings
Seismic capacity assessments
133AF
Territorial authority must assess seismic capacity of existing buildings
133AG
Chief executive must set methodology for seismic capacity assessments
133AH
Consultation requirements for setting methodology
133AI
Notification and availability of methodology
What territorial authority must do after seismic capacity assessment
133AJ
Territorial authority must notify building owner of outcome of assessment
133AK
Territorial authority must record outcome of assessment on seismic capacity register
133AL
Earthquake-prone buildings: territorial authority must issue seismic work notice
133AM
Time frame for territorial authority to act under sections 133AK and 133AL
133AN
Requirements for seismic work notice
133AO
Deadline for completing seismic work
133AP
Seismic work notice to be removed when building no longer earthquake prone
133AQ
What territorial authority must do if definition of moderate earthquake amended
What building owner may do after seismic capacity assessment
133AR
Owner may provide alternative evidence of building’s seismic capacity
Identifying earthquake-prone buildings
133AF
Territorial authority must identify potentially earthquake-prone buildings
133AG
Territorial authority must request engineering assessment of potentially earthquake-prone buildings
133AH
Obligations of owners on receiving request for engineering assessment
133AI
Owners may apply for extension of time to provide engineering assessment
133AJ
Territorial authority must determine whether building is earthquake prone
Remediation of earthquake-prone buildings
133AK
Territorial authority must issue EPB notice for earthquake-prone buildings
133AL
Deadline for completing seismic work
133AS
Owner may apply for exemption from requirement to carry out seismic work
133AT
Owner of Category 1
Owners of certain
heritage building
s
may apply for extension of time to complete seismic work
133ATA
EPB notices and EPB exemption notices to be attached to earthquake-prone buildings
133ATB
Territorial authority may assess information relating to earthquake-prone building status at any time
133AU
Territorial authority must update seismic capacity register as necessary
Powers of territorial authorities in respect of earthquake-prone buildings
133AV
Territorial authority may impose safety requirements
133AW
Territorial authority may carry out seismic work
133AX
Territorial authority may grant building consent for earthquake-prone building despite section 112(1)
133AX
Alterations to buildings subject to EPB notice
Offences
133AY
Offences in relation to earthquake-prone buildings
Time frame for completing seismic work on priority buildings
133AZ
Territorial authority must set time frame for completing seismic work on priority buildings
133AZA
Adoption and review of time frame
133AZB
Notification and availability of time frame
133AZC
What territorial authority must do if time frame amended or replaced
Methodology for identifying earthquake-prone buildings (EPB methodology)
133AZ
Chief executive must set methodology for identifying earthquake-prone buildings (EPB methodology)
133AZA
Consultation requirements for setting EPB methodology
133AZB
Notification and availability of EPB methodology
Miscellaneous
133AZC
What territorial authority must do if definition of ultimate capacity or moderate earthquake amended
24
Section 154 amended (Powers of regional authorities in respect of dangerous dams)
25
Section 155 amended (Requirements for notice given under section 154)
26
New section 169A inserted (Chief executive must monitor application and effectiveness of subpart 6A of Part 2 (earthquake-prone buildings))
169A
Chief executive must monitor application and effectiveness of subpart 6A of Part 2 (earthquake-prone buildings)
27
Section 175 amended (Chief executive may publish guidance information)
28
Section 177 amended (Application for determination)
29
Section 181 amended (Chief executive may make determination on own initiative)
30
Section 216 amended (Territorial authority must keep information about buildings)
31
Section 218 amended (Territorial authority must provide information to chief executive for purpose of facilitating performance of chief executive’s function under section 169)
32
Section 222 amended (Inspections by territorial authority)
33
Section 273 amended (Chief executive must keep registers)
34
Section 274 amended (Purpose of registers)
35
New sections 275A and 275B inserted
275A
Content of seismic capacity register
275B
Restriction on public access to certain information on seismic capacity register
275A
Content of EPB register
275B
Modification of chief executive’s obligation to make EPB register available for public inspection
36
Section 381 amended (District Court may grant injunctions for certain continuing breaches)
37
New section 401C inserted (Regulations: earthquake-prone buildings)
401C
Regulations: earthquake-prone buildings
38
Section 402 amended (Regulations: general)
39
Section 405 amended (Incorporation of material by reference into regulations, certain Orders in Council, acceptable solutions, and verification methods)
40
New section 450A inserted (Application, savings, and transitional provisions relating to amendments to Act)
450A
Application, savings, and transitional provisions relating to amendments to Act
41
New Schedule 1AA inserted
41A
Consequential amendments to Building Amendment Act 2012
41B
Consequential 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
42
Principal regulations
43
Regulation 7 replaced (Earthquake-prone buildings: moderate earthquake defined)
7
Earthquake-prone buildings: moderate earthquake defined
Schedule
New Schedule 1AA inserted
Legislative history
The Parliament of New Zealand enacts as follows: