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SCOTTISH STATUTORY INSTRUMENTS

2001 No. 320

BUILDING AND BUILDINGS

The Building Standards (Scotland) Amendment Regulations 2001

	Made	20th September 2001
	Laid before the Scottish Parliament	24th September 2001
	Coming into force	4th March 2002

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Citation and commencement

1.

These Regulations may be cited as the Building Standards (Scotland) Amendment Regulations 2001 and shall come into force on 4th March 2002.

Amendment of Building Standards (Scotland) Regulations 1990

2.

- (1) The Building Standards (Scotland) Regulations 1990[

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" "compartment floor" and "compartment wall" mean respectively a floor or a wall with the level of fire safety performance required to ensure compartmentation";

" "surface water" means the run-off of rainwater from roofs and any paved ground surface within the curtilage of the building;";

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" "toilet" means an enclosed part of a storey which contains a watercloset, a waterless closet or a urinal, which are properly installed for use;

"wastewater" means water that is contaminated by use and normally discharged from a watercloset, shower, bath, bidet, washbasin, sink, washing machine, floor gully and similar facility and also includes rainwater when discharging in a wastewater drainage system.".

(3) In regulation 9 (compliance with building standards) for "33", there shall be substituted "32".

(4) For regulation 10 (fitness of materials) there shall be substituted-

Fitness of materials and workmanship

10.

Construction to meet a requirement of these Regulations must be carried out in a technically proper and workmanlike manner, and the materials used must be durable, and fit for their intended purpose.".

(5) For regulation 13 there shall be substituted-

" Means of escape from fire, facilities for fire-fighting and means of warning of fire

13.

- (1) Every building shall be provided with-

(1A) Every dwelling, all residential accommodation and all enclosed shopping centres shall be provided with adequate means of warning the occupants of an outbreak of fire.

(2) This regulation shall not be subject to specification in a notice served under section 11 of the Act in respect of-

(a) buildings of purpose sub-groups 1B and 1C; and

(b) buildings to which the Fire Certificates (Special Premises) Regulations 1976[

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(6) For paragraph (2) of regulation 22 there shall be substituted-

(7) For regulations 24 (drainage), 25[8] (sanitary facilities) and 25A[9] (sanitary facilities for disabled people) there shall be substituted-

Drainage

24.

A building shall be provided with adequate drainage to ensure the safe and hygienic disposal of wastewater from the building, and of surface water from the building and paved surfaces within the curtilage of the building.

Sanitary facilities

25.

- (1) Subject to paragraph (2) below, all buildings shall be provided with adequate and suitable sanitary facilities.

(2) This regulation shall not apply in relation to numbers of sanitary facilities in a building or any part of a building to which the School Premises (General Requirements and Standards) (Scotland) Regulations 1967 to 1979[

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(8) In Schedule 1[11] (exempted classes of buildings)-

(a) the word "or" shall be deleted; and

(b) for "substances." there shall be substituted the words-

(d) in class 21, in the exceptions in column 3, after the words "in the case of" there shall be inserted the words "a conservatory or".

(9) In Schedule 2[12] (fixtures not requiring a warrant) in category 4, in the exceptions in column 3, for the word "wall" there shall be substituted the word "material".

(10) In Schedule 3 (classification of buildings by purpose)-

(11) In Schedule 5 (rules of measurement), for paragraphs 1[13] and 1A[14] there shall be substituted-

1.

Transitional provisions
3. In relation to-

(a) an application for a warrant for the construction or change of use of a building which was made before the date of coming into force of these Regulations;

(b) an application for the extension of the period of validity or the amendment of the terms of such a warrant granted at any time,

the building standards regulations applicable to the building in question shall be those in force at the time the application for the warrant was made and any reference in the Building (Scotland) Act 1959 to building standards regulations shall be construed accordingly.

LEWIS MacDONALD
Authorised to sign by Scottish Ministers

St Andrew's House, Edinburgh
20th September 2001

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make further amendments to the Building Standards (Scotland) Regulations 1990 (the "1990 Regulations"). The amendments deal mainly with Part D (Structural Fire Precautions), Part E (Means of Escape from Fire, Facilities for Fire-fighting and Means of Warning of Fire), Part J (Conservation of Fuel and Power), Part M (Drainage and Sanitary Facilities) and with minor amendments to other Parts of the Technical Standards for compliance with the Building Standards (Scotland) Regulations 1990.

Amendment of the definition of "Technical Standards" at regulation 2(2) gives effect, through the substitute pages mentioned therein, to these amendments.

In Part E, the facilities for fire-fighting have been revised to take account of current practice in fire brigades. Part M has been amended to take account of new sustainable drainage practices. Part J has been rewritten to introduce improved standards for thermal insulation and efficiency.

Changes to other Parts are relatively minor in content, although Part B (Fitness of Materials and Workmanship) has been reworded to recognise the format and content of European product standards. Part R (Storage of Waste) has had many prescriptive requirements removed to allow current practice in waste removal to be accommodated. Part A (General) has amendments to definitions and schedules to match the revised requirements in other Parts. The exemptions granted to conservatories have been reduced to prevent excessive energy use.

These Regulations come into force on 4th March 2002, but do not apply to any construction or change of use of a building where application for warrant was made before that date.

These Regulations and their supporting Technical Standards were notified in draft to the European Commission and other Member States in accordance with Directive 98/34/EC of the European Parliament and the Council (O.J. No. L 204, 21.7.98, p.37) as amended by Directive 98/48/EC of the European Parliament and the Council (O.J. No. L 217, 5.9.98, p.18).

Copies of the Technical Standards supporting the 1990 Regulations as amended are available from the Stationery Office.

Regulatory Impact Assessments of the effect of the revised Technical Standards have been carried out and summaries thereof have been deposited for inspection with the Scottish Parliamentary Information Centre.

[1] 1959 c.24; section 2(4) was substituted by the Local Government (Scotland) Act 1973 (c.65), Schedule 15, paragraph 3(b); section 3(2) and (3) was amended by the Health and Safety at Work etc. Act 1974 (c.37) ("the 1974 Act"), Schedule 7, paragraph 1(a) and (b) respectively; section 3(4) was amended by the Housing (Scotland) Act 1986 (c.65), section 19(2); section 3(7) was inserted by the 1974 Act, Schedule 7, paragraph 1(c); section 29(1) contains a definition of "prescribed" relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46); see also the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), Schedule 2, paragraph 29.back