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Building Bye-Laws (Jersey) 2007: Amendment: Law drafting instructions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

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  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

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A decision made 21 June 2019:

Decision Reference:  MD-PE-2019-0046

Decision Summary Title:

Building Bye-Laws (Jersey) 2007 – amendment

Date of Decision Summary:

30 May 2019

Decision Summary Author:

Director – Building Control

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title:

Amendments to the Building Bye-laws (Jersey) 2007 and approval of revised technical guidance in support of the Part 4 requirements of the second schedule to those Bye-laws

Date of Written Report:

30 May 2019

 

Written Report Author:

Director – Building Control

Written Report :

Public or Exempt?

Public

Subject:

Building Bye-Laws (Jersey) 2007 – amendment and approval of revised technical guidance

Decision(s):

The Minister:

  • Approved amendments to the Building Bye-laws (Jersey) 2007, and supporting technical guidance 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.
    • Particulars and plans to accompany an application for a building permit revised.
  • Approved the publication of a new 2019 Edition of the Technical Guidance Document 4 in support of the requirements of Part 4 of the second schedule to the Building Bye-laws.
  • Requested legislative drafting of new Bye-laws as set out in the draft Building Bye-laws (Amendment No 6) (Jersey) 201- so that these take effect for applications for building permits submitted on or after 01st October 2019.
  • Amended the list of schemes approved under Bye-law 15 to allow the decommissioning of gas appliances by a person registered on the United Kingdom Gas Safe Register.  
  • Decided that an application to construct an extension to an existing dwelling must be supported by a reduced data standard assessment calculation to demonstrate compliance with the bye-law requirements for consequential improvements to energy performance. 

Reason(s) for Decision:  

To improve building safety standards in relation to the de-commission of gas appliances and the 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, and conservation of fuel and power.    

Resource Implications:

No resource implications for the Department.

 

Action required:

  1. Principal Legislative Drafter to be requested to draft new Bye-laws
  2. 2019 Edition of the Technical Guidance Document Part 4 to be published.

Signature:

 

 

 

 

Deputy John Young

Position:

 

 

 

 

Minister for the Environment

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Hide report
Building Bye-Laws (Jersey) 2007: Amendment: Law drafting instructions

 

REPORT TO

 THE MINISTER FOR THE ENVIRONMENT

 

(This is hidden text it will not print out. Use F11 to move to the next field.  Shift -F11 to previous field.)

 

3/09/6

30th MAY 2019

 

Amendments to the Building Bye-laws (Jersey) 2007 and approval of revised technical guidance in support of the Part 4 requirements of the second schedule to those Bye-laws.

 

1.     Purpose of the Report.

To seek the Minister’s approval for proposed amendments to the Building Bye-laws (Jersey) 2007, the publication of revised technical guidance in support of the Part 4 requirements of the second schedule to the Building Bye-laws and confirmation of changes proposed in respect of information to be provided with an application for a building permit.  

 

  1. Background.

In January 2019, the Minister decided to approve the publication of draft amendments to the building bye-laws, together with revised technical guidance in support of the Part 4 requirements of the second schedule to those bye-laws. The proposals were published on the gov.je website on the 5th February 2019 together with a report outlining the proposals. Comments were invited to be submitted by 29th March 2019. An email drawing attention to the consultation documents was also sent directly to all architects and agents who are known to regularly submit applications for building permits.

 

  1. Proposed bye-law amendments and changes to supporting guidance.

The proposed bye-law amendments and revisions to the supporting technical guidance that has been published for public comment is as follows:

  1. The functional requirements listed in Part 4 of the second schedule to the Building Bye-laws (Jersey) 2007 are extended and generally updated.
  2. Existing Bye-law requirements relating to protective measures against radon extended to include all newly constructed domestic and non-domestic buildings, new extensions to existing buildings and buildings undergoing a material change of use.
  3. Updated bye-law requirements for the walls, floors and roofs of newly constructed or altered buildings to adequately protect the building and people who use the building from harmful effects caused by precipitation, interstitial and surface condensation, and spillage of water from, or associated with, sanitary fittings or fixed appliances.
  4. New bye-law requirement to control the decommissioning of fixed gas appliances fitted in connection with a building. 
  5. Removal of the current Bye-law limit on application for the provision of carbon monoxide alarms in buildings, so that the requirement extends to all buildings where a fixed combustion appliance is installed.

 

 

 

 

  1. Information required to accompany an application for a building permit to construct an extension to an existing dwelling.

In light of the States Assembly voting to declare an environment emergency, a review of the information required to demonstrate compliance with Bye-law 17C (Consequential improvements to energy performance) has been undertaken. It has been concluded that in order to maximise the benefit of Bye-law 17C in respect of a dwelling that is extended, that information in the form of a reduced data standard assessment procedure calculation should be provided with the application for building permission. The purpose of that calculation being to show how compliance with the requirement for consequential improvements to energy performance to be made will be achieved in practice. The cost of providing this calculation is to be included as part of the requirement for 5% of the cost of the proposed work to be allocated towards making improvements to the energy performance of the existing dwelling and will therefore not add to existing costs.   

 

  1. Comments on proposals.

No comments have been received in respect of the proposed bye-law amendments that were published for public comment on 5th February 2019.

 

  1. Legal and Resource Implications

 The Minister is empowered under Article 32 of the Planning and Building (Jersey)               Law 2002, to publish Technical Guidance for the purposes of providing guidance on               any requirement of the Building Bye-laws. There are no unplanned Departmental               resource implications arising from the publication of the documents. 

 

  1. Recommendation

 The Minister:

  1. Approves amendments to the Building Bye-laws (Jersey) 2007 and supporting technical guidance as follows:
    1. Limitation on requirement 3.2A (1) of the second schedule removed.
    2. Definition of building work to include de-commissioning of gas appliances fitted in connection with building.
    3. 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.
    4. Requirements of Part 4 of the second schedule revised and new Technical Guidance in support of the Part 4 requirements. (Appendix 1.)
  2. Approves the publication of the 2019 Edition of the Technical Guidance Document 4 in support of the requirements of Part 4 of the second schedule to the Building Bye-laws.
  3. Requests legislative drafting of new Bye-laws as set out in the draft Building Bye-laws (Amendment No 6) (Jersey) 201- so that these take effect for applications for building permits submitted on or after 01st October 2019.
  4. Amends the list of schemes approved under Bye-law 15 to allow the decommissioning of gas appliances by a person registered on the United Kingdom Gas Safe Register.  
  5. Confirms that an application to construct an extension to an existing dwelling must be supported by a reduced data standard assessment calculation to demonstrate compliance with the bye-law requirements for consequential improvements to energy performance. 

 

 

 

 

 

 

 

Written by:

Director – Building Control

 

Attachments:

  • Appendix 1: Technical Guidance Document Part 4.
  • Appendix 2: Draft building bye-laws (Amendment No 6)

 

File ref: 3/09/6

 

\\ois.gov.soj\sojdata\PED_HomeDirs\RoscouetM\Part 4 changes\BC-R-2019 Report to Minister to approve bye-law changes and revised TGD for Part 4.doc

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