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James Millar
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Bushmechanic, post: 245106, member: 89930 wrote:

I see where you are coming from and to put things in perspective, when reading the above quoted ‘ performance requirement ‘ why does ‘plain English’ be ignored.

In the opening sentence the reference to ‘to the degree necessary, appropriate to—’ suggests that someone has to ask the question of ‘Who is to use the amenity?’

The use of ‘and’ connects all of the conditions indicating that each condition MUST be considered in connection with the others.

One of the conditions refers directly to ‘the occupants’, who are they?

As there is no definition of ‘Occupant’ in the BCA the only recourse is to the common meaning, as defined by any number of dictionaries, and it does not include visitors or patrons.

So referring to the condition, ‘ the disability or other particular needs of the occupants’ , using an objective analysis would lead a reasonable person to believe that if there were no occupants with a disability or other particular needs, there is no need for disabled amenities.

I just realised something:eek:.

Why do people use consultants?

Probably due to lack of research and they would prefer to pay someone else to do it for them.

OMG what have I been doing?o_O

I guess I have just saved $2500 x 2. ( if my logic is correct and my argument is successful :D)

I think the legislation is not just there for the ‘qualified’, but for all to use, otherwise I’m sure it would all be written in Latin and not ‘plain English’.

Just my thoughts.


The issue with disability and access is that from memory, the Disability Discrimination Act (Cth) overrides the BCA when the DDA requirement is higher. So, there is some interplay to consider.

I believe that to apply for an “alternative solution” to most of these BCA default requirements the relevant accredited expert is required to sign off. So, it will be a DDA accredited firm (access issues) or a fire engineer (fire regs) or a ventilation engineer (airflow regs) or acoustic engineer (sound emissions) etc. There are consultants for everything. So basically, for many elements you can’t seek approval without the relevant accreditation. That rules out a DIY.approach for a lot of this.

Your starting point it probably to hire either a licensed building surveyor or architect and they will handle these compliance issues for you.

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