Untitled document
Building Amendment (Bushfire Construction - Short-term Requirements) Regulations 2010
S.R. No. 15/2010
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provisions
3Commencement
4New regulation 114 inserted
114Bushfire construction requirements
5Consequential amendments
6Substitution of regulation 804
804Site assessment for determining bushfire attack level
7New Schedule 1A inserted
SCHEDULE 1A—Modification of Part G5 of Volume One
of the BCAG5.0Deemed-to-Satisfy Provisions
G5.1Application of Part
G5.2Protection
8Substitution of regulation 114
114Modifications to BCA and standard relating to bushfire prone areas
9Revocation of Schedule 1A
10Revocation of consequential amendments
11Reinsertion of regulation 804
804Designated bushfire prone areas
12Revocation of regulation 114
13Expiry
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ENDNOTES
STATUTORY RULES 2010
S.R. No. 15/2010
Building Act 1993
Building Amendment (Bushfire Construction - Short-term Requirements) Regulations 2010
The Governor in Council makes the following Regulations:
Dated: 2 March 2010
Responsible Minister:
JUSTIN MADDEN
Minister for PlanningTOBY HALLIGAN
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Building Regulations 2006 in relation to the construction requirements needed in the short-term for certain classes of buildings that may be subject to the effect of bushfire.
2Authorising provisions
These Regulations are made under sections 7, 9, 261, 262 of, and Part 1 of Schedule 1 to, the Building Act 1993.
3Commencement
(1)These Regulations (except regulations 8, 9, 10, 11 and 12) come into operation on 9 March 2010.
(2)Regulations 8 and 9 come into operation on 1 May 2010.
(3)Regulations 10, 11 and 12 come into operation on 8 September 2011.
4New regulation 114 inserted
After regulation 113A of the Building Regulations 2006[1] insert—
'114 Bushfire construction requirements
(1)Volume One of the BCA applies as if—
(a)a reference to AS 3959—1999 Construction of buildings in bushfire-prone areas Amdt 1, Amdt 2 in Table 1 in Specification A1.3 were a reference to AS 3959—2009 Construction of buildings in bushfire-prone areas Amdt 1; and
(b)for Part G5 there were substituted the provisions set out in Schedule 1A.
(2)Volume Two of the BCA applies as if—
(a)a reference to AS 3959—1999 Construction of buildings in bushfire-prone areas Amdt 1, Amdt 2 in Table 1.4.1 in clause 1.4.1 were a reference to AS 3959—2009 Construction of buildings in bushfire-prone areas Amdt 1; and
(b)for clause F2.3.4 there were substituted—
"F2.3.4 Bushfire areas
A Class 1 building and any associated Class 10a building is to provide resistance to bushfires in order to reduce the danger to life and reduce the risk of the loss of the building."; and
(c)for performance requirement P2.3.4 there were substituted—
"P2.3.4 Bushfire areas
A Class 1 building and any associated Class 10a building must be designed and constructed to reduce the risk of ignition from a bushfire while the fire front passes."; and
(d)for clause 3.7.4.0 there were substituted—
"3.7.4.0
Performance Requirement P2.3.4 is satisfied for a Class 1 building and any associated Class 10a building if it is constructed in accordance with AS 3959 and for that purpose that Standard applies as if a reference in that Standard to a bushfire-prone area or a designated bushfire-prone area were a reference to the whole of Victoria."; and
(e)clauses 3.7.4.1, 3.7.4.2 and 3.7.4.3 were omitted.'.
5Consequential amendments
(1)Regulation 305(g)(iii) of the Building Regulations 2006 is revoked.
(2)Regulation 326(2)(c) of the Building Regulations 2006 is revoked.
(3)Regulation 807(6)(c) of the Building Regulations 2006 is revoked.
6Substitution of regulation 804
For regulation 804 of the Building Regulations 2006 substitute—
"804 Site assessment for determining bushfire attack level
(1)If a building is to be constructed and¾
(a)a planning permit is required for the construction of the building; and
(b)a site assessment for the purpose of determining the bushfire attack level for the site has been considered as part of the application for the planning permit¾
the relevant building surveyor must accept that site assessment for the purpose of determining the construction requirements that are applicable to the building.
(2)In this regulation bushfire attack level has the same meaning as in AS 3959 Construction of buildings in bushfire-prone areas, as published from time to time.".
7New Schedule 1A inserted
After Schedule 1 to the Building Regulations 2006 insert—
"SCHEDULE 1A
Regulation 114
MODIFICATION OF PART G5 OF VOLUME ONE OF THE BCA
| PART G5 | CONSTRUCTION IN BUSHFIRE PRONE AREAS |
| OBJECTIVE |
GO5
The Objective of this Part is to—
(a)safeguard occupants from injury; and
(b)protect buildings,
from the effects of a bushfire.
Application
GO5 only applies to a Class 2 or 3 building and any associated Class 10a building and applies in addition to other provisions of the BCA.
| FUNCTIONAL STATEMENT |
GF5.1
A building is to provide a resistance to bushfires in order to reduce the danger to life and minimise the risk of the loss of the building.
Application
GF5.1 only applies to a Class 2 or 3 building and any associated Class 10a building and applies in addition to other provisions of the BCA.
| PERFORMANCE REQUIREMENT |
GP5.1
A building must be designed and constructed to reduce the risk of ignition from a bushfire while the fire front passes.
Application
GP5.1 only applies to a Class 2 or 3 building and any associated Class 10a building and applies in addition to other provisions of the BCA.
| PART G5 | CONSTRUCTION IN BUSHFIRE PRONE AREAS |
| Deemed-to-Satisfy Provisions | |
G5.0Deemed-to-Satisfy Provisions
(a)Where a Building Solution is proposed to comply with the Deemed-to-Satisfy Provisions, Performance Requirement GP5.1 is satisfied by complying with G5.1 and G5.2.
(b)Where a Building Solution is proposed as an Alternative Solution to the Deemed-to-Satisfy Provisions of G5.1 and G5.2, the relevant Performance Requirements must be determined in accordance with A0.10.
G5.1Application of Part
The Deemed-to-Satisfy Provisions of this Part apply to a Class 2 or 3 building and any associated Class 10a building.
G5.2Protection
A Class 2 or 3 building and any associated Class 10a building must comply with AS 3959 and for that purpose that Standard applies as if a reference in that Standard to a bushfire-prone area or a designated bushfire-prone area were a reference to the whole of Victoria.
__________________".
8Substitution of regulation 114
For regulation 114 of the Building Regulations 2006 substitute—
'114 Modifications to BCA and standard relating to bushfire prone areas
(1)Volume One of the BCA applies as if in clause A1.1 the following were substituted for the definition of "Designated bushfire prone area"—
"Designated bushfire prone area means the whole of Victoria.".
(2)Volume Two of the BCA applies as if in clause 1.1.1 the following were substituted for the definition of "Designated bushfire prone area"—
"Designated bushfire prone area means the whole of Victoria.".
(3)Volumes One and Two of the BCA are modified to the extent that AS 3959, as incorporated by Volumes One and Two of the BCA, is to be read as if a reference to a bushfire-prone area or a designated bushfire prone area were a reference to the whole of Victoria.
Note
The standard AS 3959 is listed in Table 1 of Specification A1.3 in Volume One of the BCA and in Table 1.4.1 in clause 1.4.1 in Volume Two of the BCA.'.
9Revocation of Schedule 1A
Schedule 1A to the Building Regulations 2006 is revoked.
10Revocation of consequential amendments
(1)After regulation 305(g)(ii) of the Building Regulations 2006 insert—
"(iii)that is a designated bushfire prone area determined under regulation 804; or".
(2)After regulation 326(2)(b) of the Building Regulations 2006 insert—
"(c)that is determined under regulation 804 to be a designated bushfire prone area; or".
(3)After regulation 807(6)(b) of the Building Regulations 2006 insert—
"(c)an area determined as a designated bushfire prone area under regulation 804; or".
11Reinsertion of regulation 804
For regulation 804 of the Building Regulations 2006 substitute—
"804 Designated bushfire prone areas
(1)For the purposes of these Regulations, a council, after consultation with the chief officer, may determine that areas within its municipal district are designated bushfire prone areas.
(2)If a building is to be constructed in a designated bushfire prone area and¾
(a)a planning permit is required for the construction of the building; and
(b)a site assessment for the purpose of determining bushfire risk to the building has been considered as part of the application for the planning permit¾
the relevant building surveyor may accept that site assessment for the purpose of determining the construction requirements that are applicable to the building due to the building being in a designated bushfire prone area.".
12Revocation of regulation 114
Regulation 114 of the Building Regulations 2006 is revoked.
13Expiry
These Regulations expire on 9 September 2011.
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ENDNOTES
[1] Reg. 4: 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 and 139/2009.
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Table of Applied, Adopted or Incorporated Matter Required by the Subordinate Legislation Regulations 2004
Note that 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—
BCAmeans the Building Code of Australia published by the Australian Building Codes Board—
(a)as amended or remade from time to time; and
(b)as amended by the Victoria Appendix to that Code published by that Board as that Appendix is 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 4 which inserts regulation 114 into the Building Regulations 2006 | Volume One of the BCA Volume Two of the BCA | Table 1 in Specification A1.3 Part G5 Table 1.4.1 in clause 1.4.1 Clause F2.3.4, Performance Requirement P2.3.4 and clauses 3.7.4.0, 3.7.4.1, 3.7.4.2, 3.7.4.3 |
| Statutory Rule Provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| AS 3959—2009 Construction of buildings in bushfire-prone areas, as published by Standards Australia on 10 March 2009, as amended on 16 November 2009 as incorporated by the BCA. | The whole | |
| Regulation 6 which substitutes regulation 804 in the Building Regulations 2006 | AS 3959—2009 Construction of buildings in bushfire-prone areas, published by Standards Australia on 10 March 2009, as amended on 16 November 2009. | The whole |
| Regulation 7 which inserts Schedule 1A into the Building Regulations 2006 | Volume One of the BCA AS 3959—2009 Construction of buildings in bushfire-prone areas, published by Standards Australia on 10 March 2009, as amended on 16 November 2009 as incorporated by the BCA. | Part G5 The whole |
| Regulation 8 which substitutes regulation 114 of the Building Regulations 2006 | Volume One of the BCA Volume Two of the BCA AS 3959—2009 Construction of buildings in bushfire-prone areas, published by Standards Australia on 10 March 2009, as amended on 16 November 2009 as incorporated by the BCA. | Clause A1.1 Clause 1.1.1 The whole |
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