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reg 23

Additional information about proposed children's service premises

In force
Part 3Service approvals
Division 1Applications for service approvals

23 Additional information about proposed children's service premises

(1)

Subject to subregulation (2) and regulation 24, for the purposes of section 43(c) of the Act, the following information about the proposed children's service premises is prescribed for an application for a service approval for a children's service (in addition to the information required under regulation 22)—

(a)

the location and street address of the proposed children's service premises;

(b)

plans prepared by a building practitioner of the proposed children's service premises showing the following—

(i)

the location of all buildings, structures, outdoor play areas and shaded areas;

(ii)

the location of all entries and exits;

(iii)

the location of all fences and gates, specifying the type of fence or gate used or to be used;

(iv)

the location of toilet and washing facilities, nappy changing areas and any food preparation areas;

(v)

the boundaries of the premises;

(vi)

the landscape of, or landscaping plans for, outdoor spaces that will be used by the children's service, specifying the natural environments that are or will be provided;

(vii)

a floor plan indicating unencumbered indoor and outdoor spaces suitable for children;

(viii)

calculations, carried out by a building practitioner, of the areas referred to in regulations 76 and 77 relating to unencumbered indoor and outdoor space;

(ix)

the elevation plans of the premises;

Reg. 23(1)(ba) inserted by S.R. No. 12/2024 reg. 11.

(ba)

if the proposed children's service premises will be located within a multi-storey building shared with other occupants—

(i)

the total number of storeys in the building; and

(ii)

the storey or storeys on which the premises will be located; and

(iii)

if the premises will be located on more than one storey, the ages of the children who will attend on each storey;

(c)

if a swimming pool or other water hazard is situated on the proposed children's service premises, a copy of the service's proposed water safety policy;

(d)

one of the following—

(i)

a soil assessment for the site of the proposed children's service premises;

(ii)

if a soil assessment for the site of the proposed children's service premises has previously been undertaken, a statement to that effect, specifying when the soil assessment was undertaken;

(iii)

a statement made by the applicant that states that, to the best of the applicant's knowledge the site history does not indicate that the site is likely to be contaminated in a way that poses an unacceptable risk to the health of children;

(e)

a copy of the planning permit for the proposed children's service premises if a planning permit is required under the planning and development law;

(f)

a statement that the applicant has the right to occupy and use the premises and any document evidencing this;

Example

A lease of the premises.

(g)

a copy of any occupancy permit, certificate of final inspection, building certificate, certificate of classification or building surveyor's statement issued or given in respect of the final construction and fit out of the children's service premises;

Reg. 23(1)(h) amended by S.R. No. 80/2024 reg. 7(a).

(h)

a statement made by a building practitioner that states that the children's service premises complies with the requirements under the building law and planning and development law;

Reg. 23(1)(i) inserted by S.R. No. 80/2024 reg. 7(b).

(i)

if the proposed children's service premises has an approval in principle—

(i)

the approval in principle number (if any); and

(ii)

a statement made by the applicant that, to the best of the applicant's knowledge, the premises were constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or specified in, the approval in principle.

(2)

If the approved provider is seeking to locate the children's service on a school site, the Regulatory Authority may determine that the requirements of subregulation (1)(b), (d), (e), (g) or (h) do not apply to the application for the service approval.

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