Untitled document

Building Amendment (Private Bushfire Shelter Construction) Regulations 2011

S.R. No. 22/2011

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Revocation

5Definitions

6Regulation 113A substituted

113ABushfire performance requirements—alternative solutions

7Regulation 115 substituted

115Private bushfire shelter construction requirements

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ENDNOTES

STATUTORY RULES 2011

S.R. No. 22/2011

Building Act 1993

Building Amendment (Private Bushfire Shelter Construction) Regulations 2011

The Governor in Council makes the following Regulations:

Dated: 19 April 2011

Responsible Minister:

MATTHEW GUY
Minister for Planning

MATTHEW McBEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Building Regulations 2006 in relation to the construction of private bushfire shelters that may, as a last resort, be used for protection in the event of a bushfire.

2Authorising provisions

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

3Commencement

These Regulations come into operation on 1 May 2011.

4Revocation

The Building Amendment (Private Bushfire Shelter Construction) Interim Regulations 2010[1] are revoked.

5Definitions

In regulation 105 of the Building Regulations 2006[2], for the definition of "bushfire performance requirement" substitute—

"bushfire performance requirement means performance requirement P2.3.5 of the BCA Volume Two to the extent that it relates to fire safety for a Class 10c building associated with a Class 1 building;".

6Regulation 113A substituted

For regulation 113A of the Building Regulations 2006 substitute—

113ABushfire performance requirements—alternative solutions"

Despite anything to the contrary in the BCA, a relevant building surveyor must not determine that an alternative solution complies with a bushfire performance requirement unless the relevant building surveyor—

(a)relies on a certificate under section 238 of the Act by a fire safety engineer, who did not design the building work, which states that the alternative solution complies with that performance requirement; or

(b)relies on a determination of the Building Appeals Board under section 160A of the Act that the alternative solution complies with that performance requirement; or

(c)relies on a certificate of accreditation issued by the Building Regulations Advisory Committee, which states that the alternative solution complies with that performance requirement; or

(d)relies on a Certificate of Conformity issued by the Australian Building Codes Board which states that the alternative solution complies with that performance requirement.".

7Regulation 115 substituted

For regulation 115 of the Building Regulations 2006 substitute—

'115   Private bushfire shelter construction requirements

(1)The BCA Volume One applies as if in clause A1.1 in the definition of "Private bushfire shelter", for "Class 1a dwelling" there were substituted "Class 1 building".

(2)The BCA Volume Two applies as if—

(a)in clause 1.1.1 in the definition of "Private bushfire shelter", for "Class 1a dwelling" there were substituted "Class 1 building";

(b)in clause O2.3(d), for "Class 1a dwelling" there were substituted "Class 1 building";

(c)in performance requirement P2.3.5(e) for "associated dwelling" there were substituted "associated Class 1 building";

(d)in the Application at the foot of performance requirement P2.3.5 after "Class 10c building" there were inserted "associated with a Class 1 building".'.

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ENDNOTES

[1] Reg. 4: S.R. No. 32/2010.

[2] Reg. 5: S.R. No. 68/2006.  Reprint No. 1 incorporating amendments as at 1 September 2009.  Reprinted to S.R. No. 105/2009 and subsequently amended by S.R. Nos 25/2009, 105/2009, 139/2009, 15/2010, 32/2010, 50/2010 and 82/2010.

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Table of Applied, Adopted or Incorporated Matter Required by Subordinate Legislation Regulations 2004

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

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;

BCA Volume Two means Volume Two of the National Construction Code Series including any Victoria additions set out in Appendix A of 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 substitutes the definition of fire performance requirement in regulation 105 of the Building Regulations 2006	The BCA Volume Two	Performance requirement P2.3.5
Regulation 6 which substitutes regulation 113A of the Building Regulations 2006	The BCA	Whole
Regulation 7 which substitutes regulation 115 of the Building Regulations 2006	The BCA Volume One The BCA Volume Two	Clause A1.1 Clauses 1.1.1, O2.3(d) and performance requirement P2.3.5 and the Application at the foot of performance requirement P2.3.5