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Building Act 1991  150
Commenced: 15 Feb 1992
I: Preliminary
3   Meaning of ``building''




   3. Meaning of ``building''---(1) In this Act, unless the context
 otherwise requires, the term ``building'' means any temporary or
 permanent movable or immovable structure (including any structure
 intended for occupation by people, animals, machinery, or chattels); and
 includes any mechanical, electrical, or other system, and any utility
 systems, attached to and forming part of the structure whose proper
 operation is necessary for compliance with the building code; but does
 not include---
   (a) Systems owned or operated by a network utility operator for the
         purpose of reticulation of other property; or
   (b) Cranes, including any cranes as defined in section 2 (1) of the
         Boilers, Lifts, and Cranes Act 1950, whether or not attached to
         any other structure; or
   (c) Cablecars, cableways, ski tows, and other similar stand-alone
         machinery systems, whether or not incorporated within any other
         structure; or
   (d) Ships as defined in section 2 (1) of the Shipping and Seaman Act
         1952, other than permanently moored houseboats; or
   (e) Vehicles and motor vehicles (including vehicles and motor vehicles
         as defined in section 2 (1) of the Transport Act 1962 and
         section 2 (1) of the Transport (Vehicle and Driver Registration
         and Licensing) Act 1986), but not including vehicles and motor
         vehicles, whether movable or immovable, which are used
         exclusively for permanent or long-term residential purposes; or
   (f) Containers as defined in section 2 of the Dangerous Goods Act
         1974; or
   (g) Magazines as defined in section 2 of the Explosives Act 1957; or
   (h) Scaffolding used in the course of the construction process; or
   (i) Falsework used in the course of the construction process.

   (2) For the purposes of a building consent, a code compliance
 certificate, and a compliance schedule the term ``building'' also
 includes---
   (a) Any part of a building; and
   (b) Any 2 or more buildings which, on completion of any building work,
         are intended to be managed as 1 building with a common use and a
         common set of ownership arrangements.

   (3) For the purposes of subsection (2) of this section, where any
 utility system or any part of any utility system---
   (a) Is external to the building; and
   (b) Is also connected to or is intended to be connected to---
           (i) A network under the control of a network utility operator;
         or
           (ii) Some other facility which is able to provide for the
         successful functioning of the utility system in accordance with
         its intended design---

 that utility system or that part of the utility system shall be deemed
 to be part of a building.

   (4) Notwithstanding the provisions of subsection (3) of this section,
 where a septic tank is connected to a building utility system the septic
 tank shall be deemed to form part of that building utility system.
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