Building Amendment (Specific Use Bushfire Protected Buildings and Other Matters) Regulations 2016 (Vic)

Building Amendment (Specific Use Bushfire Protected Buildings and Other Matters) Regulations 2016

S.R. No. 114/2016

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5New definitions inserted

6New regulation 114 inserted

7Requirements for permits involving bushfire safety matters

8Requests for information

9Regulation 403 revoked

10Flood areas

11Water supply for fire fighting purposes

12Access for emergency vehicles

13Relevant building surveyor must accept bushfire attack level in planning scheme or site assessment for planning permit

14Regulation 811(3) and (4) revoked and insertion of new regulation 812

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Endnotes

STATUTORY RULES 2016

S.R. No. 114/2016

Building Act 1993

Building Amendment (Specific Use Bushfire Protected Buildings and Other Matters) Regulations 2016

The Administrator of the State of Victoria as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:

Dated: 6 September 2016

Responsible Minister:

RICHARD WYNNE
Minister for Planning

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Building Regulations 2006—

(a)to provide for further construction requirements for specific use bushfire protected buildings; and

(b)to make miscellaneous amendments.

2Authorising provisions

These Regulations are made under sections 7, 9, 261 and 262 of, and Schedule 1 to, the Building Act 1993.

3Commencement

These Regulations come into operation on 30 September 2016.

4Principal Regulations

In these Regulations, the Building Regulations 2006[1] are called the Principal Regulations.

5New definitions inserted

In regulation 105 of the Principal Regulations insert the following definitions—

"AS 3959 means AS3959—2009 Construction of buildings in bushfire-prone areas, as incorporated for the time being by the BCA;

bushfireattack level has the same meaning as in AS 3959;

planning scheme means a planning scheme approved under the Planning and Environment Act 1987 as in force from time to time;".

6New regulation 114 inserted

After regulation 113A of the Principal Regulations insert—

'114   Specific use bushfire protected buildings—Construction requirements

(1)The BCA Volume One applies as if in clause A1.1, after the definition of Sole‑occupancy unit there were inserted—

"Specific use bushfire protected building means—

(a)a Class 9a or 9c building; or

(b)a building from which a school within the meaning of section 1.1.3(1) of the Education and Training Reform Act 2006 is operated; or

(c)a building from which an early childhood centre is operated; or

(d)a Class 4 part of a building associated with a building referred to in paragraphs (a) to (c); or

(e)a Class 10a building or deck associated with a building referred to in paragraphs (a) to (c).".

(2)The BCA Volume One applies as if in Part G5—

(a)in the Application at the foot of clause GP5.1, there were inserted after paragraph (a)—

"(ab)a specific use bushfire protected building; or";

(b)in clause G5.1, there were inserted after paragraph (a)—

"(ab)a specific use bushfire protected building; or";

(c)in clause G5.2, there were inserted after paragraph (a)—

"(ab)a specific use bushfire protected building; or".'.

7Requirements for permits involving bushfire safety matters

In regulation 309A(1)(b) of the Principal Regulations omit "approved under the Planning and Environment Act 1987 as in force from time to time".

8Requests for information

In regulation 326(2)(c) of the Principal Regulations omit "(within the meaning of regulation 811(4))".

9Regulation 403 revoked

Regulation 403 of the Principal Regulations is revoked.

10Flood areas

In regulation 802(2)(b) of the Principal Regulations omit "under the Planning and Environment Act 1987".

11Water supply for fire fighting purposes

(1)In regulation 808(1)(b) of the Principal Regulations omit "approved under the Planning and Environment Act 1987

as in force from time to time".

(2)For regulation 808(8)(a) of the Principal Regulations substitute—

"(a)the bushfire attack level of the allotment is determined as LOW or 12·5 in accordance with AS 3959; and".

12Access for emergency vehicles

In regulation 809(1)(b) of the Principal Regulations omit "approved under the Planning and Environment Act 1987 as

in force from time to time".

13Relevant building surveyor must accept bushfire attack level in planning scheme or site assessment for planning permit

In the heading to regulation 811 of the Principal Regulations, for "assessment" substitute "in planning scheme or site assessment for planning permit".

14Regulation 811(3) and (4) revoked and insertion of new regulation 812

For regulation 811(3) and (4) of the Principal Regulations substitute—

"812   Relevant building surveyor must accept bushfire attack level of 12·5

(1)Despite anything to the contrary in the BCA, if—

(a)a building is to be constructed in a designated bushfire prone area; and

(b)the bushfire attack level for the site is—

(i)determined as LOW by the relevant building surveyor; or

(ii)accepted by the relevant building surveyor as LOW under regulation 811—

the relevant building surveyor must accept that the bushfire attack level is 12·5 when determining the construction requirements that are applicable to the building.

(2)In this regulation, building means—

(a)a Class 1, 2 or 3 building; or

(b)a Class 10a building or deck that is associated with a Class 1, 2 or 3 building; or

(c)a specific use bushfire protected building.

Note

Regulation 114 inserts a definition of Specific use bushfire protected building into the BCA Volume One.".

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Endnotes

[1]

Reg. 4: S.R. No. 68/2006. Reprint No. 3 as at 11 December 2014. Reprinted to S.R. No. 197/2014. Subsequently amended by

S.R. Nos 8/2015, 21/2015, 70/2015, 134/2015, 152/2015, 157/2015, 21/2016, 33/2016, 49/2016 and 63/2016 and extended in operation by S.R. No. 4/2016.

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

In this table—

BCA means the Building Code of Australia comprising—

(a)Volume One of the National Construction Code Series including any variations or additions in the Appendix Victoria set out in the Appendices to that Volume; and

(b)Volume Two of the National Construction Code Series including any Victoria additions set out in Appendix A of that Volume;

BCA Volume One means Volume One of the National Construction Code Series including any variations or additions in the Appendix Victoria set out in the Appendices to that Volume;

National Construction Code Series means the National Construction Code Series published by the Australian Building Codes Board as amended or remade from time to time.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5 which inserts the definition of AS 3959 in regulation 105 of the Building Regulations 2006	AS 3959—2009 Construction of buildings in bushfire-prone areas, published by Standards Australia on 10 March 2009, reissued incorporating Amendments No. 1 (November 2009), No. 2 (February 2011) and No. 3 (November 2011), as incorporated by the BCA	The whole
Regulation 6 which inserts regulation 114 in the Building Regulations 2006	BCA Volume One, published February 2016 by the Australian Building Codes Board	Clause A1.1 and Part G5