Building Act – Section 122

  1. A building is earthquake prone for the purposes of this Act if, having regard to its condition and to the ground on which it is built, and because of its construction, the building –
    1. will have its ultimate capacity exceeded in a moderate earthquake (as defined in the regulations); and
    2. would be likely to collapse causing –
      1. injury or death to persons in the building or to persons on any other property; or
      2. damage to any other property.
  2. Subsection (1) does not apply to a building that is used wholly or mainly for residential purposes unless the building –
    1. comprises 2 or more storeys; and
    2. contains 3 or more household units.

A moderate earthquake is defined as being in relation to a building:

an earthquake that would generate shaking at the site of the building that is of the same duration as, but that is one-third as strong as, the earthquake shaking (determined by normal measures of acceleration, velocity and displacement) that would be used to design a new building at the site.

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