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A decision made 24 January 2019:

Decision Reference: MD-PE-2019-0003
Decision Summary Title :	Building Bye-laws (Jersey) 2007 – Proposed amendments		Date of Decision Summary:	09/01/2019
Decision Summary Author:	Director Building Control		Decision Summary: Public or Exempt?(State clauses from Code of Practice booklet	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Proposed amendments to the Building Bye-laws (Jersey) 2007 and technical guidance published in support of the Part 4 requirements.		Date of Written Report:	08/01/2019
Written Report Author:	Director Building Control		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Proposed amendments to the Building Bye-laws (Jersey) 2007, as follows: Limitation on requirement 3.2A (1) of the second schedule removed. Definition of building work to include de-commissioning of gas appliances fitted in connection with building. Bye-law 15 amended to require de-commissioning of gas appliances fitted in connection with a building to be undertaken and notified by a person registered under an approved scheme. Requirements of Part 4 of the second schedule revised and new Technical Guidance published in support of the Part 4 requirements.
Decision(s): The Minister approved the publication of draft bye-laws and amendments to the Technical Guidance Document Part 4, and agreed that a period of at least 7 weeks should be given for public comments to be submitted.
Reason(s) for Decision: To improve building safety standards in relation to the de-commission of gas appliances, to improve provision for the warning of release of carbon monoxide in buildings, and to improve building standards in relation to site preparation and resistance to contaminants and moisture.
Resource Implications: No unbudgeted resource implications for the Department.
Action required: To publish notice of proposed changes for public comment.
Signature: Deputy John Young		Position: Minister for the Environment
Date Signed:		Date of Decision (If different from Date Signed):

Building Bye-Laws (Jersey) 2007: Amendments - Technical Guidance Document Part 4: Consultation

REPORT TO

THE MINISTER FOR ENVIRONMENT

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3/09/6

08 January 2019

Proposed amendments to the Building Bye-laws (Jersey) 2007 and technical guidance published in support of the Part 4 requirements.

Introduction.

The Building Bye-laws (Jersey) 2007 and supporting technical guidance provide a regulatory framework and guidance on the design of buildings in the interests of public health and safety.

In line with regular appraisals of the building bye-laws and supporting technical guidance documents, and specifically to take account of the recommendations given in the Environment Scrutiny Panel report (S.R 11/2014) (Radon), it is proposed that the Part 4 requirements of the second schedule to the building bye-laws, which relate to site preparation and resistance to moisture and contaminants, be updated.

The opportunity has also been taken to strengthen the bye-law requirements in respect of the provision of carbon monoxide detectors in buildings and the decommissioning / removal of fixed gas appliances from buildings.

Proposed amendments.

The main changes are:

To update the functional requirements for buildings in respect of site preparation and resistance to contaminants and moisture.
To publish updated technical guidance in support of revised bye-law requirements relating to site preparation and resistance to contaminants and moisture.
Requirements for appropriate protective measures against radon amended to apply to all newly constructed domestic and non-domestic buildings and to buildings that are extended or undergo a material change of use.
Requirement 3.2A of Part 3 of the second schedule to the bye-laws to be amended to remove the limit on application, so that the requirement for provision to be made for giving warning of release of carbon monoxide applies to all buildings where a combustion appliance is proposed to be installed.
The removal of gas appliances fitted in connection with any building to be designated as certifiable building work under Bye-law 15 and therefore subject to notification in accordance with Bye-law 15.
The changes described in 1 to 4 above are set out in detail in the following document:

 Building Bye-laws (Jersey) 2007 – Amendments to the Technical Guidance Document Part 4. - Site Preparation and Resistance to Contaminants and Moisture. Draft for comment January 2019.

Legal and resource implications

Article 31 (2) of the Planning and Building (Jersey) Law 2002 empowers the Minister to make Building Bye-laws to secure the health and safety of building users. Article 32(1) empowers the Minister to publish guidance in support of such requirements. The proposed amendments will result in relatively minor changes to the current provisions. As such there are no significant departmental resource implications arising from the amendments.

Recommendation

It is recommended the Minister:

Approves the publication of the draft document referred to in item 6 above, for public comment.
Publishes proposals to amend the bye-laws as set out in items 4 and 5 above, for public comment.

Written by:

Director – Building Control

Attachments: –

 Building Bye-laws (Jersey) 2007 – Amendments to the Technical Guidance Document Part 4 – Site Preparation and Resistance to Contaminants and Moisture. - Draft for comment January 2019.

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