Building Amendment Regulations 2016 (WA)

5 April 2016 GOVERNMENT GAZETTE, WA 1015

COMMERCE

CM301*

Building Act 2011

Building Amendment Regulations 2016

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Building Amendment
Regulations 2016.

2.            Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2— on the day on which these regulations are published in the Gazette;

(b) the rest of the regulations — on 8 April 2016.

3.            Regulations amended

These regulations amend the Building Regulations 2012.

4.           Regulation 3 amended

requirement GP5.1; and

(1) In regulation 3 insert in alphabetical order:

AS 3959 means Australian Standard AS 3959 —
Construction of buildings in bushfire-prone areas;
building site, in relation to a building or incidental
structure, means that part of a lot on which the building
or incidental structure stands or is to be constructed;
bushfire attack level (BAL), in relation to a building or
incidental structure, means the bushfire attack level for
the building site for the building or structure
determined in accordance with AS 3959;

bush fire performance requirement means —

(a) in relation to a Class 2 or Class 3 building —

the Building Code Volume 1 performance

1016 GOVERNMENT GAZETTE, WA 5 April 2016

(b) in relation to a Class 1 or Class 10 building -

the Building Code Volume 2 performance
requirement P2.3.4;

relevant edition of the Building Code, in relation to a
building, incidental structure, building work or
application, means the edition of the Building Code
referred to in Part 4 Division 1 as setting out the
building standards that apply as applicable building
standards to the building, incidental structure, building

work or application;

(2) In regulation 3 in the definition of AS delete "Standards

Australia;" and insert:

Standards Australia as referenced in the relevant edition of the
Building Code;

5.            Regulation 6A inserted

After regulation 5 insert:

6A.	Building work (s. 3)
For the purposes of paragraph (f) of the definition of building work in section 3, the installation of a roof mounted evaporative cooling unit on a building or
incidental structure is prescribed work.

6.            Regulation 18A amended

(1) In regulation 18A:

(a)	delete "For" and insert:
(1) For
(b)	in paragraph (d)(ii) delete "regulation 15A(1)." and insert:
regulation 1 5A( 1);
(c)	after paragraph (d) insert:

(e) if the certificate of design compliance is in

respect of a Class 1, Class 2 or Class 3 building or an associated Class lOa building or deck that is, or is proposed to be, located less than

5 April 2016 GOVERNMENT GAZETTE, WA 1017

6 metres from the Class 1, Class 2 or Class 3
building -

(i)     a statement about whether the building or deck is, or is proposed to be, located in a bush fire prone area; and

(ii) to be, located in an area that is a bush
fire prone area and, in accordance with
regulation 31 BA(2), a bush fire
performance requirement applies to the
building or deck - the additional

if the building or deck is, or is proposed subregulation (2).

(2) At the end of regulation 18A insert:

(2) For the purposes of subregulation (1 )(e)(ii), the

additional information is -

(a) in all cases -

(i)     the BAL for the building site; or

(ii)     if another measure has been used to assess compliance with a bush fire performance requirement - details of the measure used and the results of that assessment;

and

(b) in the case of a Class I building -

(i)     a statement about each alternative solution to the bush fire performance requirement that is proposed to be used; and

(ii)

details of the assessment method used to requirement.

7.            Regulation 31BA amended

(1) Before regulation 3 IBA(I) insert:

(1A) In this regulation -

excluded building work means building work that is the renovation, alteration, extension, improvement or repair of a relevant building if—

(a) the estimated value of the building work is less

than $20 000; or

1018 GOVERNMENT GAZETTE, WA 5 April 2016

(b) the renovation, alteration, extension,

improvement or repair does not increase the
risk of ignition from bush fire attack for the
relevant building;

renovation, alteration, extension, improvement or repair, in respect of a building, does not include the installation of a roof mounted evaporative air

conditioning unit on the building;

relevant building means a building that -

(a)	is a Class 1, Class 2 or Class 3 building or an associated Class lOa building or deck that is located less than 6 metres from the Class 1, Class 2 or Class 3 building; and
(b)	when constructed, was not required to comply with a bush fire performance requirement.

(2) Delete regulation 31 BA(2) and insert:

(2) For subregulation (1), the applicable building standards

for a building or incidental structure are the
requirements mentioned in regulation 3 1A(2) except
that the bush fire performance requirements do not

apply if—

(a) the building or incidental structure is located in an area that has been a bush fire prone area for a period of less than 4 months at the time an

application for a building permit is made; or

(b) the building or incidental structure is a relevant building and an application for a building permit for excluded building work in respect of the building or incidental structure is made before 1 May 2018.

(3) Delete regulation 3 1BA(4) and insert:

(4) For subregulation (3), the applicable building standards

for a building or incidental structure are the
requirements mentioned in regulation 31 E(2) except
that the bush fire performance requirements do not
apply if—

(a) the building or incidental structure is located in an area that has been a bush fire prone area for a period of less than 4 months at the time

construction commenced; or

(b) the building or incidental structure is a relevant
building and excluded building work in respect

5 April 2016 GOVERNMENT GAZETTE, WA 1019

of the building or incidental structure

commenced before 1 May 2018.

(4)	In regulation 3 1BA(6) delete "the requirements listed in the Table to this regulation" and insert:
the bush fire performance requirements
(5)	In regulation 3 IBA delete the Table.

8.           Regulation 36 amended

In regulation 36(2):

(a) after paragraph (a) insert:

(aa) if the certificate of building compliance is to

accompany an application mentioned in
section 49(b) and the change of classification of
the building is to a Class 2 or Class 3
building -

(i)     a statement about whether the building is located in a bush fire prone area; and

(ii)     if the building has been located in a bush fire prone area for a period of 4 months or more at the time the

application is made -

(I)	the BAL for the building site; or
(II)	if another measure has been used to assess compliance with a bush fire performance

requirement - details of the

measure used and the results of
that assessment;

(b) after paragraph (b) insert:

(ba) if the certificate of building compliance is to

accompany an application mentioned in
section 5 1(2) or (3) in respect of a Class 1,
Class 2 or Class 3 building or an associated
Class lOa building or deck located less than
6 metres from the Class 1, Class 2 or Class 3
building -

(i) a statement about whether the building

or deck is located in a bush fire prone
area; and

1020 GOVERNMENT GAZETTE, WA 5 April 2016

(ii) if the building has been located in a bush fire prone area for a period of 4 months or more at the time the

application is made -

(I)	the BAL for the building site; or
(II)	if another measure has been used to assess compliance with a bush fire performance requirement - details of the measure used and the results of that assessment;

9.            Regulation 47 amended

(1) Before regulation 47(1) insert:

(IA) In this regulation -

applicable technical aspects means -

(a)	the technical aspects of the construction of the building or incidental structure set Out in the edition of the Building Code that is in effect at the time a written notice is given under subregulation (1); but
(b)	does not include the bush fire performance requirements if-

(i)     a building or incidental structure is located in a bush fire prone area; and

(ii)     the area has been a bush fire prone area for a period of less than 4 months at the time the notice is given.

(2) Delete regulation 47(2) and insert:

(2) The written notice must include or be accompanied

by -

(a)	evidence that the building or incidental structure complies with the applicable technical aspects of the construction of a building or incidental structure of that building or incidental structure's proposed classification; and
(b)	if the proposed classification of the building or incidental structure is Class 1 -

(i) a statement about whether the building

or incidental structure is located in a
bush fire prone area; and

5 April 2016 GOVERNMENT GAZETTE, WA 1021

(ii) if the building or incidental structure has

been located in a bush fire prone area
for a period of 4 months or more at the

time the notice is given -

(I)	the BAL for the building site; or
(II)	if another measure has been used to assess compliance with the relevant performance requirement - details of the measure used and the results of that assessment.

10.	Schedule 4 amended In Schedule 4 clause 2 at the end of the Table insert:
13.	The installation of a roof mounted evaporative cooling unit o ii a building or incidental structure if—

(a)

the building or incidental structure is not located in a bush fire prone area; or

(b)

the building is a Class 4 to Class 9 building; or

(c)

the building or incidental structure is located in a bush fire prone area and the BAL for the building site is BAL-Low; or

(d)

the building or incidental structure -

(i)	is located in a bush fire prone area; and
(ii)	the BAL for the building site is BAL-12.5, BAL-19 or BAL-29; and
(iii)	the installation of the evaporative cooling unit complies with the requirements for roof penetration in respect of the building or incidental structure set out in AS 3959.

N. HAGLEY, Clerk of the Executive Council.