Building Amendment (Community Fire Refuge Construction) Interim Regulations 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Building Amendment (Community Fire Refuge Construction) Interim Regulations 2011 S.R. No. 73/2011 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Regulations 2 5 Definitions 2 6 New regulation 115A inserted 2 115A Community fire refuge construction requirements 2 7 Alterations to buildings 7 8 Change of use 7 9 Reinsertion of definition 8 10 Revocation of regulations 115A and 608(4A) 8 11 Revocation of amendments to regulation 1011 8 12 Expiry 8 ═══════════════ ENDNOTES 9 -- 1 of 11 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2011 S.R. No. 73/2011 Building Act 1993 Building Amendment (Community Fire Refuge Construction) Interim Regulations 2011 The Governor in Council makes the following Regulations: Dated: 26 July 2011 Responsible Minister: MATTHEW GUY Minister for Planning MATTHEW McBEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Building Regulations 2006 in relation to the construction of community fire refuges that may be used by the public for short-term shelter from a fire front during a bushfire event. 2 Authorising provisions These Regulations are made under sections 7, 9 and 262 of, and Part 1 of Schedule 1 to, the Building Act 1993. 3 Commencement (1) These Regulations (except regulations 9, 10 and 11) come into operation on 29 July 2011. (2) Regulations 9, 10 and 11 come into operation on 27 July 2012. -- 2 of 11 -- S.R. No. 73/2011 Building Amendment (Community Fire Refuge Construction) Interim Regulations 2011 2 Authorised by the Chief Parliamentary Counsel 4 Principal Regulations In these Regulations, the Building Regulations 20061 are called the Principal Regulations. 5 Definitions In regulation 105 of the Principal Regulations, for the definition of bushfire performance requirement substitute— "bushfire performance requirement means— (a) performance requirement GP5.2 of the BCA Volume One to the extent that it relates to fire safety for a Class 9d building; or (b) 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;". 6 New regulation 115A inserted After regulation 115 of the Principal Regulations insert— '115A Community fire refuge construction requirements The BCA Volume One applies as if— (a) in clause A0.10— (i) in paragraph (a), after "Alternative Solution" there were inserted ", except in the case of Performance Requirement GP5.2"; (ii) in paragraph (b), after "Deemed- to-Satisfy Provisions" there were inserted ", except in the case of a Class 9d building, in which case r. 4 -- 3 of 11 -- S.R. No. 73/2011 Building Amendment (Community Fire Refuge Construction) Interim Regulations 2011 3 Authorised by the Chief Parliamentary Counsel the Performance Requirement to be identified is Performance Requirement GP5.2"; (b) in clause A1.1— (i) after the definition of "Building Solution" the following definitions were inserted— "Bushfire attack means the burning embers, radiant heat, convective heat, flame, wind and smoke generated by a bushfire event, which might result in ignition and subsequent damage or destruction of a building. Bushfire event means the period of time during which a community fire refuge will be relied on for shelter during a bushfire and includes the period of bushfire attack and the period of consequential fires."; (ii) after the definition of "Common wall" the following definition were inserted— "Community fire refuge means a building, or part of a building, to be used by the public for short- term shelter from a fire front during a bushfire event."; (iii) after the definition of "Conditioned space" the following definition were inserted— r. 6 -- 4 of 11 -- S.R. No. 73/2011 Building Amendment (Community Fire Refuge Construction) Interim Regulations 2011 4 Authorised by the Chief Parliamentary Counsel "Consequential fires means fires in adjacent structures or heavy fuels consequential to bushfire attack."; (iv) after the definition "Swimming pool" the following definition were inserted— "Tenable environment means the environment within a community fire refuge required to sustain human life during the passage of untenable conditions arising from a bushfire event."; (v) after the definition "Treatment area" the following definition were inserted— "Untenable conditions means the ambient external environmental conditions associated with a bushfire event in which human life is not sustainable."; (c) in clause A3.2, after the paragraph relating to Class 9c, there were inserted— "(d) Class 9d — a community fire refuge."; (d) for the Application at the foot of clause GO5 there were substituted— "Application GO5 only applies to— (a) a Class 2 or 3 building located in a designated bushfire prone area; or r. 6 -- 5 of 11 -- S.R. No. 73/2011 Building Amendment (Community Fire Refuge Construction) Interim Regulations 2011 5 Authorised by the Chief Parliamentary Counsel (b) a Class 10a building or deck associated with a Class 2 or 3 building located in a designated bushfire prone area; or (c) a Class 9d building."; (e) for the Application at the foot of clause GF5.1 there were substituted— "Application GF5.1 only applies to— (a) a Class 2 or 3 building located in a designated bushfire prone area; or (b) a Class 10a building or deck associated with a Class 2 or 3 building located in a designated bushfire prone area; or (c) a Class 9d building."; (f) after performance requirement GP5.1 there were inserted— "GP5.2 Community fire refuge A community fire refuge must be designed and constructed to reduce the risk of ignition from a bushfire event and provide a tenable environment for occupants during periods of untenable conditions arising from a bushfire event appropriate to the— (a) location of the community fire refuge relative to fire hazards including— (i) predominant vegetation; and (ii) adjacent buildings, structures and movable objects; and r. 6 -- 6 of 11 -- S.R. No. 73/2011 Building Amendment (Community Fire Refuge Construction) Interim Regulations 2011 6 Authorised by the Chief Parliamentary Counsel (iii) car parking areas and allotment boundaries; and (iv) other combustible materials; and (b) number of occupants to be accommodated within the community fire refuge; and (c) bushfire intensity having regard to the level of bushfire attack and the intensity of potential consequential fires; and (d) safe access to the community fire refuge, including from associated roads and car parks, as well as occupant egress after the bushfire event; and (e) tenability of the environment within the community fire refuge for the estimated maximum period of occupancy before, during and after the bushfire event; and (f) generation of smoke, heat and toxic gases from materials used to construct the community fire refuge; and (g) structural and fire loads and actions to which the community fire refuge may reasonably be subjected; and (h) necessary degree of occupant awareness of external environmental conditions; and r. 6 -- 7 of 11 -- S.R. No. 73/2011 Building Amendment (Community Fire Refuge Construction) Interim Regulations 2011 7 Authorised by the Chief Parliamentary Counsel (i) internal signage identifying the design capacity and maximum period of occupancy of the community fire refuge; and (j) necessary degree of internal communications; and (k) necessary degree of sanitary and other facilities required for occupants of the community fire refuge; and (l) necessary degree of essential maintenance. Application GP5.2 only applies to a Class 9d building.'. 7 Alterations to buildings After regulation 608(4) of the Principal Regulations insert— "(4A) Subregulation (4) does not apply if the building is a Class 9d building or being altered to become a Class 9d building.". 8 Change of use (1) For regulation 1011(1) of the Principal Regulations substitute— "(1) A person must not change the use of, or add an additional use to, a building (including part of a building) or place of public entertainment unless the building or place of public entertainment complies with the requirements of these Regulations applicable to the new use. Penalty: 10 penalty units.". r. 7 -- 8 of 11 -- S.R. No. 73/2011 Building Amendment (Community Fire Refuge Construction) Interim Regulations 2011 8 Authorised by the Chief Parliamentary Counsel (2) After regulation 1011(2) of the Principal Regulations insert— "(2A) Subregulation (2) does not apply if the new use of a building is as a Class 9d.". 9 Reinsertion of definition For the definition of bushfire performance requirement in regulation 105 of the Principal Regulations 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;". 10 Revocation of regulations 115A and 608(4A) Regulations 115A and 608(4A) of the Principal Regulations are revoked. 11 Revocation of amendments to regulation 1011 (1) For regulation 1011(1) of the Principal Regulations substitute— "(1) A person must not change the use of a building or place of public entertainment unless the building or place of public entertainment complies with the requirements of these Regulations applicable to the new use. Penalty: 10 penalty units.". (2) Regulation 1011(2A) of the Principal Regulations is revoked. 12 Expiry These Regulations expire on 28 July 2012. ═══════════════ r. 9 -- 9 of 11 -- S.R. No. 73/2011 Building Amendment (Community Fire Refuge Construction) Interim Regulations 2011 9 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 68/2006. Reprint No. 1 as at 1 September 2009. Reprinted to S.R. No. 105/2009. Subsequently amended by S.R. Nos 25/2009, 105/2009, 139/2009, 15/2010, 32/2010, 50/2010, 82/2010, 20/2011, 22/2011 and 48/2011. —— Penalty Units These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit. The value of a penalty unit for the financial year commencing 1 July 2011 is $122.14. The amount of the calculated penalty may be rounded to the nearest dollar. The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. —— 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 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; Endnotes -- 10 of 11 -- S.R. No. 73/2011 Building Amendment (Community Fire Refuge Construction) Interim Regulations 2011 10 Authorised by the Chief Parliamentary Counsel 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 2011 published by the Australian Building Codes Board. Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 5 which substitutes the definition of bushfire performance requirement in regulation 105 of the Building Regulations 2006 The BCA Volume One The BCA Volume Two Performance requirement GP5.2 Performance requirement P2.3.5 Regulation 6 which inserts regulation 115A in the Building Regulations 2006 The BCA Volume One Clauses A0.10, A1.1, A3.2, GO5, GF5.1 and the performance requirement GP5.2 Regulation 9 which reinserts the definition of bushfire perform- ance requirement in regulation 105 of the Building Regulations 2006 The BCA Volume Two Performance requirement P2.3.5 -- 11 of 11 --