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BUILDING (SCOTLAND) ACT 2003 CONSULTATION ON BUILDING REGULATIONS AND GUIDANCE DOCUMENT: NON DOMESTIC

Appendix A defined terms

Definitions and explanation of terms used in this document.

The defined terms which are used in the Building (Scotland) Act 2003 and the building regulations are in inverted commas.

Access deck means a structure having a surface in the open air suitable for ingress and egress of persons to a building.

"the Act" means the Building (Scotland) Act 2003.

"Agriculture" has the same meaning as in the Agriculture (Scotland) Act 1948 and "agricultural" shall be construed accordingly.

Alternative exit means an exit from a dwelling which is through a door other than its main entrance door and is available for use at all times.

Apartment means a room in a dwelling not used solely as a kitchen, store or utility room.

Appliance compartment means a space constructed or adapted specifically for the housing of a combustion appliance.

Assembly building means any place of assembly, other than an entertainment building, including swimming pool buildings, churches and other places of worship, crematoria, dancing schools, educational establishments, gymnasia, law courts, libraries open to the public, day centres, clinics, health centres and surgeries, passenger stations and termini for air, rail road, or sea travel, public toilets, riding schools, ice rinks, sports pavilions, sports stadia, zoos an menageries, museums and art galleries.

Basement storey means a storey which is below the level of the ground storey.

"Boundary" means a boundary between land on which the building is situated and land in different occupation, so however that —

a) in relation to any external side of a building it should exclude any part of the boundary which makes an angle with that side of more than 80°;

b) in relation to any road, whether public or private, public access way or public right of way, river, stream, canal, loch, pond, common land or public open space it should be taken to mean the centre line thereof; and

c) the sea and its foreshore should not be regarded as land in different occupation.

"Building" means any structure or erection, whether temporary or permanent, other than a structure or erection consisting of , or ancillary to:

a) any public road (including any bridge on which the road is carried),

b) any private road,

c) any sewer or water main which is, or is to be, vested in Scottish Water,

d) any aerodrome runway,

e) any railway line,

f) any raised reservoir within the meaning of the Reservoirs Act 1975 (c23)

g) any wires and cables, their supports above ground and other apparatus used of telephonic or telegraphic communication.

Any references to a building include references to a prospective building. Any references to a building, structure or erection include references to a part of the building, structure or erection. In relation to the extension, alteration or conversion of a building, references to a building are to so much of the building as is comprised in the extension or the subject of the alteration or conversion.

"Building site" means any area of land on which building work is, or is to be, carried out.

Carport means a roofed building for vehicle storage which is open on at least two sides except for roof supports.

Cavity barrier means any construction provided to seal a cavity against the penetration of fire and smoke, or to restrict its movement within the cavity.

Chimney means a structure enclosing 1 or more flues, but not a flue pipe, and including any openings for the accommodation of a combustion appliance, but does not include a chimney terminal.

Chimney-stack means that part of a chimney which rises above the roof of the building of which it forms part and includes any cope but not a chimney-can.

Compartment means a part of a building (which may contain one or more rooms, spaces or storeys and includes, where relevant, the space above the top storey of the compartment) constructed so as to prevent the spread of fire to or from another part of the same building; and compartmented and compartmentation should be construed accordingly.

Compartment floor and compartment wall mean respectively a floor or a wall with the fire resistance required to ensure compartmentation.

Conservatory means a building attached to a dwelling and having a door separating it from that dwelling and having not less than three-quarters of the area of its roof and not less than one-half of the area of its external walls made of translucent material.

"Construct" includes alter, erect and extend and "construction" and related expressions are to be construed accordingly.

"Convert", in relation to a building, means to make such change in the occupation or use of the building as the is specified in Schedule 2 to Regulation 4, and "conversion" and related expressions are to be construed accordingly.

Construction products directive means the instruction of the European Commission to Member States, numbered 89/106/EEC, to regulate so as to remove technical barriers to trade in construction products within the European Economic Area.

Covered area means a roofed building which is open on at least two sides except for roof supports.

Curtilage means land area within the same occupation.

Custom-built chimney means a chimney that is installed or built on-site using a combination of compatible chimney components that may be from 1 or different sources.

Dead load means the load due to the weight of all walls, permanent partitions, floors, roofs and finishes, including services and other permanent construction and fittings.

Decorative fuel-effect gas appliance means an open flued appliance designed to simulate a solid fuel open fire primarily for decorative purposes and intended to be installed so that the products of combustion pass unrestricted from the firebed to the flue.

"Different occupation", in relation to two adjoining buildings or parts of one building, means occupation of those buildings by different persons.

Disabled people means persons with a physical, hearing or sight impairment which affects their mobility or their use of buildings.

Double-walled chimney means a chimney consisting of a flue liner and an outer wall.

Duct means the structure, trunking, or casing, with any apertures, enclosing a passage, other than a flue, used solely for conveying air, gases, or services including refuse.

"Domestic Building" means a dwelling or dwellings and any common areas associated with the dwellings.

"Dwelling" means a unit of residential accommodation occupied (whether or not as a sole or main residence) -

a) by an individual or by individuals living together as a family

b) by not more than six individuals living together as a single household (including a household where care is provided for residents)

and includes any surgeries, consulting rooms, offices or other accommodation, of a floor area not exceeding in the aggregate 50 square metres, forming part of a dwelling and used by an occupant of the dwelling in a professional or business capacity.

Element of structure means a part of a building which is part of the structural frame (beams and columns), loadbearing (other than a part which is only self-loadbearing), a floor, or supports a floor.

Emergency door means a door which may be a fire door and which is intended to be used only during an emergency.

Escape route means a route by which a person may reach a place of safety, and in relation to-

a) a storey, a space or an access deck, means a route from an exit from that storey, space or access deck;

b) a room, means a route from an exit of that room;

c) an inner room, other than an inner room in a dwelling, means a route from an exit of the room which provides access to the inner room;

d) a flat or maisonette, means a route from the main entrance door of that flat or maisonette;

e) a gallery, catwalk or openwork floor, means a route from any doorway of, or from the head of any unenclosed escape stair from, that gallery, catwalk or openwork floor;

f) a place of special fire risk, means a route from an exit of that room or from an exit of the protected lobby serving that room, or from an exit of the room or lobby separating the place of special fire risk from any other accommodation, as the case may be.

Escape stair means a stair or ramp forming part of an escape route.

Entertainment building means a place of entertainment or recreation other than sports stadia, including bingo halls, broadcasting, recording and film studios open to the public, casinos, dance halls, entertainment, conference, exhibition and leisure centres (except where consisting predominately of a swimming pool), funfairs and amusement arcades, licensed betting offices, clubs, public houses, restaurants, cafes, snack bars, theatres, cinemas and concert halls.

Exit means a point of egress from a room, storey, protected zone, space, gallery, catwalk or openwork floor which forms part of, or gives access to, an escape route or place of safety.

External wall includes a part of a roof pitched at an angle of 70° or more to the horizontal.

Factory-made chimney — see system chimneys.

Fire door means a door which, together with its frame and furniture as installed in a building, is intended, when closed, to resist the passage of fire and, where prescribed, smoke and is capable of meeting specified performance criteria in Section 2.

Fire-stop means a seal provided to close an imperfection of fit or design tolerance between elements, components or construction so as to restrict the passage of fire and smoke through that imperfection. Fire-stopping and fire-stopped should be construed accordingly.

"Flat" means a dwelling on one storey, forming part of a building from some other part of which it is divided horizontally, and includes a dwelling of which the main entrance door and associated hall are on a different storey from the remainder of the dwelling.

Flat roof means a roof the slope of which does not exceed 10° from the horizontal.

Flight means part of a stair or ramp uninterrupted by a landing.

Flue means passage for conveying the products of combustion to the outside atmosphere.

Flue-block means factory-made chimney components with 1 or more flues.

Flue liner means wall of a chimney consisting of components the surface of which is in contact with products of combustion.

Flue-pipe (correctly termed ‘connecting flue-pipe’) means a pipe that connects a combustion appliance to a flue in a chimney.

Foundation means that part of the structure in direct contact with, and transmitting loads to, the ground.

Gallery means a raised floor or platform, including a raised storage floor, which is open to the room or space into which it projects and which -

a) has every part of its upper surface not less than 1.8 metres above the surface of the main floor of the said room or space; and

b) occupies (or, in the case of there being more than one gallery, together occupy), not more than one-half of the floor area of the said room or space.

Glazing means any permanently secured sheet of glass or plastics, and glazed should be construed accordingly.

Greenhouse, except in the expression agricultural greenhouse, means a building ancillary to a dwelling used mainly for growing plants which is either -

a) detached from the dwelling; or

b) attached to, but not entered from, the dwelling.

Greywater means wastewater not containing faecal matter or urine.

Ground storey means the storey of a building in which there is situated an entrance to the building from the level of the adjoining ground or, if there is more than one such storey, the lower or lowest of these.

Harmful or dangerous substances includes deposits of faecal or animal matter and any substance or mixture of substances which is or could become corrosive, explosive, flammable, radioactive or toxic or which produces or could produce any gas likely to have any such characteristic.

Hospital means a building, other than a dwelling, for the treatment of persons suffering from an illness or mental or physical disability or handicap.

Hospital street means a protected zone in a hospital provided to assist in facilitating circulation and horizontal evacuation, and to provide a fire-fighting bridgehead.

"House" means a dwelling on one or more storeys, either detached or forming part of a building from all other parts of which it is divided only vertically.

Imposed load means the load assumed to be produced by the intended occupancy or use, including the weight of moveable partitions; distributed, concentrated, impact, inertia and snow loads, but excluding wind loads.

Inner room means a room, other than a kitchen in a dwelling, which does not have a direct access to an exit, or direct access to an enclosed circulation area having an exit.

Insulation envelope means the building elements which encapsulate the building or parts of the building which use fuel or power for heating or cooling the internal environment, and will comprise all or some of the following:

a) Exposed elements

b) Elements that are buffered by certain parts of the structure

c) Separating elements where zero transmittance occurs.

Kitchen means any room or part of a room used primarily for the preparation or cooking of food.

Land in different occupation, in relation to a building, means land occupied or to be occupied by a person other than the occupier of the land on which the building is or is to be situated.

Limited life building means a building intended to have a life of the period specified in Regulation 6.

"Maisonette" means a dwelling on more than one storey, forming part of a building from some other part of which it is divided horizontally.

Net input rating of an appliance means the total energy input rate determined when the water produced by the combustion of the fuel is assumed to remain as a vapour.

Non-combustible means that a material is resistant to combustion as determined by an appropriate test procedure as specified in Section 2.

Notified body means an organisation appointed for the purpose of the relevant directive by a member state and whose name is notified to the European Commission to certify, inspect or test the production of goods.

Occupier, in relation to a dwelling, means a person inhabiting the dwelling.

Office means a building or premises used for office, administrative or clerical purposes (including writing, book-keeping, sorting papers, filing, typing, duplicating, machine calculating, police and fire service work, drawing and editorial preparation of work for publication), financial transactions (including banking and building society work) and commun9ications (including postal, telegraph and radio, television, film, audio or video recording or performance (not open to the public), communication or control).

Open-flued appliance means one that draws its air for combustion from the room or internal space within which it is installed and uses a flue system to discharge its products of combustion to the outside air.

Open sided car park means open sided car parks and parking garages, designed to admit or accommodate only passenger or light goods vehicles not exceeding 2500 kilograms gross mass. For the purposes of this description "open-sided" means naturally ventilated to provide an adequate supply of air in accordance with Section 3.

Passenger conveyor means a power-driven installation containing an endless moving walkway for the conveyance of persons between different levels or between different parts of the same level of a building.

Permanent ventilation means a ventilator which provides continuous ventilation.

Place of safety means either-

a) an unenclosed space in the open air at ground level; or

b) an enclosed space in the open air at ground level leading to an unenclosed space, via an access not narrower than the total width of the exits leading from the building to that enclosed space.

Place of special fire risk means any place within, or attached to, or on the roof of, a building in which there are installed one or more-

a) solid fuel appliances, with a total installed output rating more than 50kW, other than kitchen appliances; or

b) oil or gas fired appliances, with a total installed net input rating more than 70kW, other than kitchen appliances and forced air convection or radiant heaters in buildings which are neither residential nor domestic; or

c) fixed internal combustion engines, including gas turbine engines, with a total output rating more than 45kW; or

d) oil-immersed electricity transformers or switch gear apparatus with an oil capacity more than 250 litres and operating at a supply voltage more than 1000 volts; or

e) fuel oil storage tanks having a capacity of more than 90 litres; or

f) paint spray booths or rooms where cellulose or other flammable liquid spray is used.

Porch means a building attached to and providing a covered entrance to a dwelling.

"Private road" means a road not maintainable by the Scottish Ministers or a local roads authority (whether or not comp[rising a public right of way).

Private stair or ramp means a stair or ramp wholly within a dwelling.

Protected door means a fire door giving access to-

a) a protected zone, including a protected lobby; or

b) a fire-fighting shaft; or

c) another compartment; or

d) a place of safety; or

e) an unenclosed external escape stair; or

f) an open access balcony; or

g) an escape route across a flat roof or access deck.

Protected enclosure in a dwelling means a circulation area constructed to resist fire in adjoining accommodation. It includes a hall, landing or private stair or ramp but not a room.

Protected lobby means a lobby within a protected zone but separated from the remainder of the protected zone so as to resist the movement of smoke from the adjoining accommodation to the remainder of the protected zone.

Protected zone means that part of an escape route which is within a building, but not within a room, and to which access is only by way of a protected door and from which there is an exit directly to a place of safety.

Public open space includes land used a public park or for public recreation or as a burial ground.

"Public road" means a road maintainable by the Scottish Ministers or a local roads authority.

"Reasonably practicable in relation to the carrying out of any building work, means reasonably practicable having regard to all the circumstances including the expense involved in carrying out the building work.

"Residential building" means a building, other than a domestic building, having sleeping accommodation.

Residential care building means a residential building, for old people or children or for the treatment, care or maintenance of persons suffering from illness or mental of physical handicap. Including a hospital.

"Road" has the same meaning as in the Roads (Scotland) Act 1984 (c54) except that it also includes any drain or ditch at the side of a road.

Roof space means any space in a building between a part of the roof and the ceiling below.

Room means any enclosed part of a storey intended for human occupation or, where no part of any such storey is so enclosed, the whole of that storey, but excepting in either case any part used solely as a bathroom, shower room, washroom, toilet, stair or circulation area.

Room-sealed appliance means a combustion appliance which, when in operation, has its combustion chamber, air inlet and its flue outlet ways isolated from the room or space in which it is installed.

Sanitary accommodation includes bathrooms, shower rooms, washrooms and toilets.

"Sanitary facility" includes washbasin, sink, bath, shower, urinal, or watercloset, and in dwellings only, includes a waterless closet.

Self-closing fire door means a fire door, fitted to close automatically from any angle of swing.

Separating floor and separating wall mean respectively a floor or wall constructed to prevent the spread of fire between buildings or parts of a building in accordance with Section 2.

Service opening means any opening to accommodate a duct, pipe, conduit or cable (including fibre optics or similar tubing).

Shared residential accommodation means a unit of [residential accommodation, other than a dwelling,] having an occupancy capacity not exceeding 10, entered from the open air at ground level and having no storey at a height exceeding 7.5 m.

Shop means a building or premises used for retail or wholesale trade or business, including sales by auction, self-selection and over the counter wholesale trading, hairdressing and beauty or body care and premises to which members of the public are invited to resort for the purposes of delivering or uplifting goods in connection with cleaning, repair, hire or other treatment or (except in the case of the repair of motor vehicles) of themselves carrying out such cleaning, repair or other treatment.

Single-walled chimney means a chimney where the flue liner is the chimney.

"Site", in relation to a building, means the area of ground covered or to be covered by the building, including its foundations.

Smoke alarm means a device powered by mains electricity, with a secondary power source, containing within one housing all the components necessary for detecting fire and thereupon giving an audible alarm.

Socket outlet means a fixed device containing contacts for the purpose of connecting to a supply of electricity the corresponding contacts of a plug attached to any current-using appliance.

"Storey" means that part of a building which is situated between the top of any floor being the lowest floor level within the storey and the top of the floor next above it being the highest floor level within the storey or, if there is no floor above it, between the top of the floor and the ceiling above it or, if there is no ceiling above it, the internal surface of the roof; and for this purpose a gallery or catwalk, or an openwork floor or storage racking, should be considered to be part of the storey in which it is situated.

Sub-compartment means a part of a building (which may contain one or more rooms, and includes, where relevant, the space above the top storey of the sub-compartment) constructed so as to aid horizontal evacuation.

Sub-compartment wall means a wall with the fire resistance required to create a sub-compartment.

Surface water means the run-off of rainwater from roofs and any paved ground surface within the curtilage of a building.

System chimneys (factory-made chimney) means a chimney that is installed using a combination of compatible chimney components, obtained or specified from one manufacturing source with product responsibility for the whole chimney.

Tapered tread means a stair tread in which the nosing is not parallel to the nosing of the tread or landing next above.

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

Trickle ventilator means a closeable small ventilator which can provide minimum ventilation.

Unprotected zone means that part of an escape route, which is separated by walls, glazed screens or any other permanent form of demarcation from any space intended for human occupation, including a protected zone.

Upper storey means any storey which is above the level of the ground storey.

U-value (or thermal transmittance co-efficient) means the rate of heat transfer through one square metre of a structure when the temperature at each side of the structure differs by 1°C (expressed in W/m²K).

Ventilator means a window, rooflight, grille or similar building component (and in the case of a dwelling includes a door) capable of being opened to provide ventilation.

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.

Wind load means the load due to the effects of wind pressure or suction.

"Work" in relation to a building includes work carried out in relation to the enclosure and preparation of the site of the building.

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