NCC clarification: Manual controls for power-operated hinged doors in NCC 2022 (Amendment 2)

There is an inconsistency between the location requirements for manual controls for power-operated hinged doors in NCC 2022 (Amendment 2) and ‘AS 1428.1:2021 Design for access and mobility’ (AS 1428.1:2021). 

In most cases, the NCC overrules any difference between the NCC and a referenced document (see A4G2). In this instance, the requirements of AS 1428.1:2021 prevail because they are referenced in the Access Code for Buildings (Access Code) made under Commonwealth law.

This article clarifies which requirements apply and why. 

Key point: Manual controls for power-operated hinged doors must be located between 500 mm and 1 m from the arc of the hinged door leaf. 

Clause D3D26(2)(a)(ii) of NCC 2022 Amendment 2 Volume One requires manual controls for power-operated hinged doors to be located between 1 m and 2 m from any position that the door leaf may occupy. This distance ensures that controls are positioned conveniently close to the door while keeping users clear of the door’s swing path when it opens.

This requirement was first introduced in NCC 2019, aligning with ‘AS 1428.1:2009 Design for access and mobility (Amendment 2)’ referenced in that edition of the code. Since then, the ABCB has released NCC 2022 (Amendment 2), which references the updated standard AS 1428.1:2021.

However, AS 1428.1:2021 specifies that manual controls must be located between 500 mm and 1 m from the arc of the hinged door leaf creating an inconsistency between the NCC and the updated Australian Standard.

Ordinarily, where there is a difference between the NCC and a referenced document, the NCC prevails (see A4G2). However, in this case, the dimensions specified in AS 1428.1:2021 apply due to the operation of the Access Code and Section 109 of the Australian Constitution.

The Access Code is a legislative instrument made under the Disability Discrimination Act 1992 (DDA), a Commonwealth law. It specifies accessibility requirements for buildings, including reference to AS 1428.1:2021. Compliance with the Access Code ensures that a building does not give rise to disability discrimination under the DDA.

The NCC, by contrast, is given legal effect through state and territory legislation. Under Section 109 of the Australian Constitution, where a state or territory law is inconsistent with a Commonwealth law, the Commonwealth law prevails to the extent of the inconsistency.

As a result, the Access Code and, by extension, AS 1428.1:2021 takes precedence over the differing NCC requirement.

Accordingly, clause D3D26(2)(a)(ii) of NCC 2022 (Amendment 2) is inoperative in this respect. Meaning it does not apply where it conflicts with the Access Code.

Manual controls for power-operated hinged doors must be located between 500 mm and 1 m from the arc of the hinged door leaf, in accordance with AS 1428.1:2021 and the Access Code.