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

Authorised by the Chief Parliamentary Counsel Authorised Version i Building Amendment (Specific Use Bushfire Protected Buildings and Other Matters) Regulations 2016 S.R. No. 114/2016 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Commencement 2 4 Principal Regulations 2 5 New definitions inserted 2 6 New regulation 114 inserted 2 7 Requirements for permits involving bushfire safety matters 3 8 Requests for information 4 9 Regulation 403 revoked 4 10 Flood areas 4 11 Water supply for fire fighting purposes 4 12 Access for emergency vehicles 4 13 Relevant building surveyor must accept bushfire attack level in planning scheme or site assessment for planning permit 4 14 Regulation 811(3) and (4) revoked and insertion of new regulation 812 5 ═══════════════ Endnotes 6 -- 1 of 8 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 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 1 Objective 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. 2 Authorising provisions These Regulations are made under sections 7, 9, 261 and 262 of, and Schedule 1 to, the Building Act 1993. -- 2 of 8 -- Building Amendment (Specific Use Bushfire Protected Buildings and Other Matters) Regulations 2016 S.R. No. 114/2016 Authorised by the Chief Parliamentary Counsel 2 3 Commencement These Regulations come into operation on 30 September 2016. 4 Principal Regulations In these Regulations, the Building Regulations 20061 are called the Principal Regulations. 5 New 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; bushfire attack 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;". 6 New 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 -- 3 of 8 -- Building Amendment (Specific Use Bushfire Protected Buildings and Other Matters) Regulations 2016 S.R. No. 114/2016 Authorised by the Chief Parliamentary Counsel 3 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".'. 7 Requirements 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". -- 4 of 8 -- Building Amendment (Specific Use Bushfire Protected Buildings and Other Matters) Regulations 2016 S.R. No. 114/2016 Authorised by the Chief Parliamentary Counsel 4 8 Requests for information In regulation 326(2)(c) of the Principal Regulations omit "(within the meaning of regulation 811(4))". 9 Regulation 403 revoked Regulation 403 of the Principal Regulations is revoked. 10 Flood areas In regulation 802(2)(b) of the Principal Regulations omit "under the Planning and Environment Act 1987". 11 Water 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". 12 Access 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". 13 Relevant 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". -- 5 of 8 -- Building Amendment (Specific Use Bushfire Protected Buildings and Other Matters) Regulations 2016 S.R. No. 114/2016 Authorised by the Chief Parliamentary Counsel 5 14 Regulation 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.". ═══════════════ -- 6 of 8 -- Endnotes Building Amendment (Specific Use Bushfire Protected Buildings and Other Matters) Regulations 2016 S.R. No. 114/2016 Authorised by the Chief Parliamentary Counsel 6 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. —— 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. -- 7 of 8 -- Endnotes Building Amendment (Specific Use Bushfire Protected Buildings and Other Matters) Regulations 2016 S.R. No. 114/2016 Authorised by the Chief Parliamentary Counsel 7 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 -- 8 of 8 --