Building Amendment (Private Bushfire Shelter Construction) Regulations 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Building Amendment (Private Bushfire Shelter Construction) Regulations 2011 S.R. No. 22/2011 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Commencement 1 4 Revocation 2 5 Definitions 2 6 Regulation 113A substituted 2 113A Bushfire performance requirements—alternative solutions 2 7 Regulation 115 substituted 3 115 Private bushfire shelter construction requirements 3 ═══════════════ ENDNOTES 5 -- 1 of 7 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 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 1 Objective 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. 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 These Regulations come into operation on 1 May 2011. -- 2 of 7 -- S.R. No. 22/2011 Building Amendment (Private Bushfire Shelter Construction) Regulations 2011 2 Authorised by the Chief Parliamentary Counsel 4 Revocation The Building Amendment (Private Bushfire Shelter Construction) Interim Regulations 20101 are revoked. 5 Definitions 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;". 6 Regulation 113A substituted For regulation 113A of the Building Regulations 2006 substitute— "113A Bushfire 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 r. 4 -- 3 of 7 -- S.R. No. 22/2011 Building Amendment (Private Bushfire Shelter Construction) Regulations 2011 3 Authorised by the Chief Parliamentary Counsel (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.". 7 Regulation 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"; r. 7 -- 4 of 7 -- S.R. No. 22/2011 Building Amendment (Private Bushfire Shelter Construction) Regulations 2011 4 Authorised by the Chief Parliamentary Counsel (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".'. ═══════════════ r. 7 -- 5 of 7 -- S.R. No. 22/2011 Building Amendment (Private Bushfire Shelter Construction) Regulations 2011 5 Authorised by the Chief Parliamentary Counsel 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. —— 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. Endnotes -- 6 of 7 -- S.R. No. 22/2011 Building Amendment (Private Bushfire Shelter Construction) Regulations 2011 6 Authorised by the Chief Parliamentary Counsel 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 -- 7 of 7 --