OCCUPANCY PERMIT REQUIREMENTS FOR
PLACES OF PUBLIC ENTERTAINMENT (POPE) & TEMPORARY STRUCTURES
Overview
Event organisers in Victoria are required to comply with legislation in the Building Act 1993
and the Building Regulations 2006 which deals with occupancy permits for places of public
entertainment and use of temporary structures at events.
From 9 July 2013, certain public places are excluded from requirements to obtain occupancy
permits. The Victorian Building Authority has issued a
Practice Note to explain these
changes to building practitioners. The changes are a result of amendments to the Building
Regulations 2006 available via the Victorian Statute Book or
http://www.buildingcommission.com.au/resources/documents/PN_66_Places_of_Public_Ente
rtainment.pdf
Recent amendments made to the Building Regulations 2006 (the Regulations) have clarified
POPE requirements for community-based organisations.
When are occupancy permits normally required?
Occupancy permits are required for:
1.
Events held in prescribed classes of buildings and prescribed classes of places.
This type of occupancy permit is for Places of Public Entertainment (POPE).
Prescribed classes of buildings include:
i.
Class 9b buildings (typically assembly buildings such as public halls, theatres &
churches; schools; clubs & nightclubs; sporting complexes and transport
buildings) with an area greater than 500m 2; and
ii.
prescribed temporary structures (see below).
Prescribed classes of places are places:
i.
which are enclosed or substantially enclosed;
ii.
to which entry admission or other consideration is charged.
2.
Prescribed temporary structures erected at events.
Prescribed temporary structures are:
i.
tents, marquees or booths with a floor area greater than 100m 2;
ii.
seating stands for more than 20 persons;
iii.
stages and platforms (including sky boarders and stage wings) exceeding 150m 2
in floor area; and
iv.
Prefabricated buildings exceeding 100m 2 in area other than the ones placed
directly on the ground surface.
Last reviewed: July 2013
Key changes to the building Regulation 2006 that Affect Community Griups applying
for POPES
Community based organisation use of outdoor places
The Regulations have now been amended to exempt community-based organisations using
outdoor recreational facilities greater than 500m² (without temporary structures) from the
requirement to obtain a POPE occupancy permit if the number of persons in the place at any
one time during the event or activity does not exceed 5,000.
Casual use/one-off events in outdoor places
Community-based organisations using outdoor recreational facilities greater than 500m²
(without temporary structures) for these events are exempt from the requirement to obtain a
POPE occupancy permit if the number of persons in the place at any one time during the
event or activity does not exceed 5,000.
Major events and attractions that require an occupancy permit
In some instances community-based organisations conduct events that require a POPE
occupancy permit. These are larger scale events (i.e. the number of persons in the place at
any one time during the event or activity exceeds 5,000 in a place larger than 500m²), where
the event is conducted in an enclosed or semi enclosed place and entry to (and exit from) the
event is controlled, or to which admission can be gained by payment of an admission fee or
other consideration.
Examples of such events include football finals and grand finals run by the competition’s
association, open air concerts, and agricultural shows.
What do l need to do if I am part of a Community Group and …?
The definition of a Community- based organisation means a body whether incorporated or not
that:
• is not established primarily for the purposes of profit or gain; and
• does not distribute any profit or gain made in the conduct of its activities to members; and •
operates in a community wholly for either:
- a philanthropic or benevolent purpose (e.g. A school council); or - any sporting or
recreational purpose (e.g. A football or netball club).
1. I am planning an event in a prescribed class of building or a prescribed class of place?
As long as your group is defined as a Community Group by teh Building Regulations 2006
and the number of persons in the place at any one time does not exceed 5,000.
POPE occupancy permits for events held in a prescribed building or place are issued by the
City of Boroondara’s Statutory Building Services Department.
Organisers are required to complete an Application for an Occupancy Permit for a Place
of Public Entertainment (POPE). A permit fee of $500 will apply.
Additional information covering elements such as amenity and safety provision is also
required to process the application. Refer to the official application form for details.
2. My event involves the installation of a prescribed temporary structure?
There have been no changes to the requirements for popes in respect to the Temporrary
structure.
Prescribed temporary structures must be installed and removed by a registered building
practitioner – check that your hire company is registered.
Last reviewed: July 2013
If your event involves the use of a prescribed temporary structure you must organise the
following:
a. Occupancy Permit issued by the Building Commission (normally organised
through the company erecting the structure);
b. Consent from the City of Boroondara’s Statutory Building Services Department
for the siting of the structure; and
c. A Certificate of Compliance from the installer once the structure is erected.
The Building Commission and the City of Boroondara have fees attached to their
respective services.
To apply for consent from the City of Boroondara for siting of a temporary structure, event
organisers should complete the Application for Siting of Prescribed Temporary Structures
and submit along with other information as requested on the application form to the
Statutory Building Services Department. Organisers should allow 5 business days for the
application for consent to be processed.
Other requirements
A condition of all occupancy permits is that they are prominently displayed and in the case of
a temporary structure, the Certificate of Compliance-Inspection issued by the installer is also
displayed.
Useful Contacts
City of Boroondara
Statutory Building Services - 9278 4860
Building Commission - 9285 6400
Victorian Building Authority 1300 815 127 or technicalenquiry@vba.vic.gov.au
2013-66 Interim Practice Note
http://www.buildingcommission.com.au/resources/documents/PN_66_Places_of_Public_Ente
rtainment.pdf
Last reviewed: July 2013
PRESCRIBED TEMPORARY STRUCTURE FLOWCHART
Event planning
phase
Does your event include the
installation of any temporary
structures (marquees, stages etc)?
No
No permit required
Does the size or capacity of the
structure/s exceed the thresholds listed
in the guidelines?
Yes
Occupancy
Permit required
Accredited installer required to erect
structure
Installer to organise occupancy permit
from the Building Commission
Occupancy permit submitted with
application for consent to site prescribed
temp. structure with Boroondara Council
Consent granted, structure installed
Installer to issue Certificate of
Compliance – Inspection and display
with occupancy permit on structure
Last reviewed: July 2013
PLACE OF PUBLIC ENTERTAINMENT PERMIT
FLOWCHART
No permit
required
No
Event in
existing
building
Is the building
area
> 500m2?
Event
outdoors
(place)
Is site fully or
substantially
enclosed?
No
Is it a Class 9b
building?
Yes
Event
planning
phase
Yes
No
Is an entry fee
being
charged?
Yes
Occupancy
permit
required
No
No permit
required
Last reviewed: July 2013
Yes
Occupancy
permit
required