Building Amendment (Bushfire Safety) Regulations 2010

i Building Amendment (Bushfire Safety) Regulations 2010 S.R. No. 82/2010 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Commencement 1 4 New regulation 309A inserted 2 309A Requirements for permits involving bushfire safety matters 2 5 New regulations 808 and 809 inserted 3 808 Water supply for fire fighting purposes 3 809 Access for emergency vehicles 5 6 Part 1 of Schedule 4 amended 8 ═══════════════ ENDNOTES 9 -- 1 of 10 -- 1 STATUTORY RULES 2010 S.R. No. 82/2010 Building Act 1993 Building Amendment (Bushfire Safety) Regulations 2010 The Governor in Council makes the following Regulations: Dated: 24 August 2010 Responsible Minister: JUSTIN MADDEN Minister for Planning MATTHEW McBEATH Assistant Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Building Regulations 2006 in relation to the reconstruction of Class 1a buildings that were destroyed in bushfires between 1 January 2009 and 31 March 2009 (inclusive). 2 Authorising provisions These Regulations are made under sections 7, 261 and 262 of, and Part 1 of Schedule 1 to, the Building Act 1993. 3 Commencement These Regulations come into operation on 30 August 2010. -- 2 of 10 -- S.R. No. 82/2010 Building Amendment (Bushfire Safety) Regulations 2010 2 4 New regulation 309A inserted After regulation 309 of the Building Regulations 2006 1 insert— "309A Requirements for permits involving bushfire safety matters (1) The report and consent of the chief officer must be obtained to an application for a building permit if— (a) the permit involves the provision of a static water supply or access to emergency vehicles for a Class 1a building destroyed in bushfires between 1 January 2009 and 31 March 2009 (inclusive); and (b) the allotment on which the building is located is subject to a Wildfire Management Overlay under the planning scheme approved under the Planning and Environment Act 1987 as in force from time to time applying to that allotment; and (c) a permit is not required under the planning scheme for the construction of the building; and (d) the static water supply and access for emergency vehicles do not comply with the requirements of regulation 808 or 809 (as the case requires). (2) In a report under subregulation (1), the chief officer may consent to a variation of the requirements of regulation 808 or 809 if the chief officer is satisfied that a satisfactory degree of bushfire safety is achieved.". r. 4 -- 3 of 10 -- S.R. No. 82/2010 Building Amendment (Bushfire Safety) Regulations 2010 3 5 New regulations 808 and 809 inserted After regulation 807 of the Building Regulations 2006 insert— "808 Water supply for fire fighting purposes (1) This regulation applies if— (a) construction of a Class 1a building is proposed on the same allotment as a Class 1a building that was destroyed in bushfires between 1 January 2009 and 31 March 2009 (inclusive); and (b) the allotment is subject to a Wildfire Management Overlay under the planning scheme approved under the Planning and Environment Act 1987 as in force from time to time applying to that allotment; and (c) a permit is not required under the planning scheme for the construction of the building. (2) A static water supply for fire fighting purposes must be provided on an allotment to which this regulation applies in accordance with this regulation. (3) The static water supply must be— (a) used solely for fire fighting purposes; and (b) able to hold 10 000 litres in onsite static storage located on the allotment; and (c) located within 60m of the building; and (d) situated so as to enable emergency services vehicles access to within 4m of the water supply outlet. r. 5 -- 4 of 10 -- S.R. No. 82/2010 Building Amendment (Bushfire Safety) Regulations 2010 4 (4) If the static water supply is not able to be readily seen from the building or access driveway, a sign in or to the like effect of the sign illustrated in the diagram at the foot of this regulation must be located on the allotment so that it is— (a) easily seen by persons operating emergency vehicles; and (b) pointing in the direction of the water supply. Diagram—Sign indicating static water supply location (5) All below-ground water pipelines relating to the static water supply must be installed to the depths of— (a) 300mm if subject to vehicle traffic; or (b) 75mm if under a house or concrete slab; or (c) 225mm in all other locations. (6) All fixed above-ground water pipelines and fittings relating to the static water supply, including the water supply, must be constructed of non-corrosive and r. 5 -- 5 of 10 -- S.R. No. 82/2010 Building Amendment (Bushfire Safety) Regulations 2010 5 non-combustible materials, or be protected from the effects of radiant heat and flame. (7) If the static water supply is above ground, the following additional requirements apply— (a) there must be at least one pipe fitting no less than 64mm, 3 thread/25mm × 50mm nominal bore British Standard Pipe (BSP) round male coupling; (b) all pipe work and valving between the water supply and the water supply outlet must be no less than 50mm nominal bore; (c) if the water supply is less than 20m from the building, each outlet must face away from the building to allow access during emergencies. (8) This regulation does not apply if— (a) the bushfire attack level of the allotment is determined as LOW or 12·5 in accordance with Clause 2.2 or Appendix B (as the case requires) of AS 3959 Construction of buildings in bushfire-prone areas, as incorporated for the time being by the BCA; and (b) there is a fire hydrant connected to a reticulated water supply within 120m of the rear of the building. 809 Access for emergency vehicles (1) This regulation applies if— (a) construction of a Class 1a building is proposed on the same allotment as a Class 1a building that was destroyed in bushfires between 1 January 2009 and 31 March 2009 (inclusive); and r. 5 -- 6 of 10 -- S.R. No. 82/2010 Building Amendment (Bushfire Safety) Regulations 2010 6 (b) that allotment is subject to a Wildfire Management Overlay under the planning scheme approved under the Planning and Environment Act 1987 as in force from time to time applying to that allotment; and (c) a permit is not required under the planning scheme for the construction of the building. (2) The driveway to the building must be designed to allow an emergency vehicle access in accordance with this regulation. (3) The driveway must be designed so that— (a) any curves in the driveway have a minimum inner radius of 10m; and (b) the average grade for the driveway be no more than 1 in 7 (14⋅4%) (8⋅1o ) with a maximum of no more than 1 in 5 (20%) (11⋅3 o ) for no more than 50m; and (c) any dips in the driveway have no more than a 1 in 8 (12⋅5%) (7⋅1o ) entry and exit angle. (4) If the driveway from the road to the building or static water supply for fire fighting purposes (within the meaning of regulation 808), including gates, bridges and culverts, is greater than 30m in length, the driveway must— (a) be designed, constructed and maintained for a load limit of at least 15 tonnes and be of all weather construction; and r. 5 -- 7 of 10 -- S.R. No. 82/2010 Building Amendment (Bushfire Safety) Regulations 2010 7 (b) provide a minimum trafficable width of 3⋅5m, and be clear of encroachments 4m vertically. (5) If the driveway is longer than 100m, a turning area for emergency vehicles close to the building must be provided for by either— (a) a turning circle with a minimum radius of 8m; or (b) the driveway encircling the building; or (c) a T head or Y head with a minimum forced surface of each leg being 8m in length measured from the centre point of the head and 4m trafficable width. Note The following diagrams illustrate aspects of subregulation (5)(c). Diagram—Y head Diagram—T head (6) If the driveway is longer than 200m, passing bays must be provided every 200m and must— (a) be 20m long; and (b) have a trafficable width of 6m.". r. 5 8m 8m 4m 8m 8m 4m 4m -- 8 of 10 -- S.R. No. 82/2010 Building Amendment (Bushfire Safety) Regulations 2010 8 6 Part 1 of Schedule 4 amended In Part 1 of Schedule 4 to the Building Regulations 2006 after item 11 insert— " The following bushfire safety matters if those matters do not meet the requirements of regulation 808 or 809— reg. 309A(1) 12 static water supply for fire fighting purposes 13 emergency vehicle access ". ═══════════════ r. 6 -- 9 of 10 -- S.R. No. 82/2010 Building Amendment (Bushfire Safety) Regulations 2010 9 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, 139/2009, 15/2010, 32/2010 and 50/2010. —— 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— BCA 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 Victorian 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 5 which inserts regulation 808 into the Building Regulations 2006 Australian Standard 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 for the time being by the BCA. Clause 2.2 Appendix B Endnotes -- 10 of 10 --