Untitled document

Building Amendment (Bushfire Construction) Interim Regulations 2009

S.R. No. 25/2009

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4New regulation 114 inserted

14Bushfire construction requirements

5Consequential amendments

6Revocation of regulation 804

7New Schedule 1A inserted

SCHEDULE 1A—Modification of Part G5 of the BCA

G5.0     Deemed-to-Satisfy Provisions

G5.1     Application of Part

G5.2     Protection

8Revocation of consequential amendments

9Re-insertion of regulation 804

804Designated bushfire prone areas

10Revocation of Schedule 1A

11Expiry

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ENDNOTES

STATUTORY RULES 2009

S.R. No. 25/2009

Building Act 1993

Building Amendment (Bushfire Construction) Interim Regulations 2009

The Governor in Council makes the following Regulations:

Dated: 10 March 2009

Responsible Minister:

JUSTIN MADDEN
Minister for Planning

RYAN HEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Building Regulations 2006 in relation to the construction requirements of 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 and 10) come into operation on 11 March 2009.

(2)Regulations 8, 9 and 10 come into operation on 9 March 2010.

4New regulation 114 inserted

After regulation 113 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 in Table 1 in Specification A1.3 were a reference to AS 3959—2009; 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 in Table 1.4.1 were a reference to AS 3959—2009; and

(b)for clause F2.3.4 there were substituted—

"F2.3.4Bushfire areas

A Class 1 building and any associated Class 10a buildings are 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 clause P2.3.4 there were substituted—

"P2.3.4   Bushfire areas

A Class 1 building and any associated Class 10a buildings 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 buildings if it is constructed in accordance with AS 3959—2009 and for that purpose that Standard applies as if—

(a)that Standard required the use of Tables 2.4.2 and 2.4.4 when using the simplified procedure set out in clause 2.2 of that Standard; and

(b)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.

6Revocation of regulation 804

Regulation 804 of the Building Regulations 2006 is revoked.

7New Schedule 1A inserted

After Schedule 1 of the Building Regulations 2006 insert—

"SCHEDULE 1A

Regulation 114

MODIFICATION OF PART G5 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 Class 2 and 3 buildings and any associated Class 10a buildings 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 Class 2 and 3 buildings and any associated Class 10a buildings 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 Class 2 and 3 buildings and any associated Class 10a buildings 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 Requirements 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 Class 2 and 3 buildings and any associated Class 10a buildings.

G5.2Protection

Class 2 and 3 buildings and any associated Class 10a buildings must comply with AS 3959—2009 and for that purpose that Standard applies as if—

(a)that Standard required the use of Tables 2.4.2 and 2.4.4 when using the simplified procedure set out in clause 2.2 of that Standard; and

(b)a reference in that Standard to a bushfire-prone area or a designated bushfire-prone area were a reference to the whole of Victoria.".

8Revocation 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 bush fire 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".

9Re-insertion of regulation 804

After regulation 803 of the Building Regulations 2006 insert—

"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.".

10Revocation of Schedule 1A

Schedule 1A to the Building Regulations 2006 is revoked.

11Expiry

These Regulations expire on 10 March 2010.

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ENDNOTES

[1] Reg. 4: S.R. No. 68/2006 as amended by S.R. Nos 136/2006, 115/2007 and 126/2008.

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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—

"Building Code of Australia" means 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 AS 3959—2009 Construction of buildings in bushfire-prone areas, published by Standards Australia on 10 March 2009 as incorporated by the BCA	Table 1 in Specification A1.3 Part G5 Table 1.4.1 Clauses F2.3.4, P2.3.4 and 3.7.4.0 The whole