Building Amendment (Private Bushfire Shelter Construction) Interim Regulations 2010

i Building Amendment (Private Bushfire Shelter Construction) Interim Regulations 2010 S.R. No. 32/2010 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Regulations 2 5 Revocation 2 6 New regulation 115 substituted 2 115 Private bushfire shelter construction requirements 2 7 New Division 3 of Part 12 substituted 8 Division 3—Private bushfire shelter maintenance and operation 8 1221 Application of this Division 8 1222 Private bushfire shelter maintenance and operation 8 8 Revocation of regulations 8 9 Revocation of definition 9 10 Expiry 9 ═══════════════ ENDNOTES 10 -- 1 of 12 -- 1 STATUTORY RULES 2010 S.R. No. 32/2010 Building Act 1993 Building Amendment (Private Bushfire Shelter Construction) Interim Regulations 2010 The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations: Dated: 25 May 2010 Responsible Minister: JUSTIN MADDEN Minister for Planning TOBY HALLIGAN 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 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 8 and 9) come into operation on 28 May 2010. -- 2 of 12 -- S.R. No. 32/2010 Building Amendment (Private Bushfire Shelter Construction) Interim Regulations 2010 2 (2) Regulations 8 and 9 come into operation on 26 May 2011. 4 Principal Regulations In these Regulations, the Building Regulations 2006 1 are called the Principal Regulations. 5 Revocation The Building Amendment (Private Bushfire Shelter Construction) Interim Regulations 2009 2 are revoked. 6 New regulation 115 substituted For regulation 115 of the Principal Regulations substitute— '115 Private bushfire shelter construction requirements (1) Volume One of the BCA applies as if— (a) in clause A1.1, after the definition of "Primary building element" there were inserted— "Private bushfire shelter means a building that may as a last resort provide shelter for occupants from the immediate life threatening effects of a bushfire event."; (b) in clause A3.2, after the paragraph relating to Class 10b, there were inserted— "(c) Class 10c — a building being a private bushfire shelter.". (2) Volume Two of the BCA applies as if— (a) in clause 1.1.1— r. 4 -- 3 of 12 -- S.R. No. 32/2010 Building Amendment (Private Bushfire Shelter Construction) Interim Regulations 2010 3 (i) after the definition of "Breaking surf" the following definition were inserted— "Bushfire event has the same meaning as in clause 1.8 of the ABCB Performance Standard for Private Bushfire Shelters 2010 Part 1."; (ii) after the definition of "Performance Requirement" the following definition were inserted— "Private bushfire shelter means a building that may as a last resort provide shelter for occupants from the immediate life threatening effects of a bushfire event."; (b) in clause 1.3.2, after the paragraph relating to Class 10b, there were inserted— "(c) Class 10c — a building being a private bushfire shelter."; (c) in clause 1.3.3— (i) in paragraphs (a) and (b), for "10a and 10b" there were substituted "10a, 10b and 10c"; (ii) after paragraph (c) there were inserted— "(d) paragraph (c) does not apply if the minor use relates to a Class 10c part of a Class 1 building or a Class 10a building."; r. 6 -- 4 of 12 -- S.R. No. 32/2010 Building Amendment (Private Bushfire Shelter Construction) Interim Regulations 2010 4 (d) In Table 1.4.1 in clause 1.4.1, after the reference to "ABCB 2006 Protocol for House Energy Rating Software, Version 2006.1" there were inserted— "ABCB 2010 Performance Standard for Private Bushfire Shelters 2010 Part 1"; (e) for clause O2.3(c) there were substituted— "(c) protect a building from the effects of a bushfire; and (d) reduce the likelihood of fatalities arising from occupants of Class 1 buildings not evacuating those buildings prior to exposure from a bushfire event.". (f) after clause F2.3.4 there were inserted— "F2.3.4A Private bushfire shelter A Class 10c building must provide shelter to occupants from direct and indirect actions of a bushfire."; (g) after performance requirement P2.3.4 there were inserted— "P2.3.4A Private bushfire shelter A Class 10c building associated with a Class 1 building must be designed and constructed to provide a tenable environment for occupants during the passage of untenable conditions arising from a bushfire event, appropriate to the following— r. 6 -- 5 of 12 -- S.R. No. 32/2010 Building Amendment (Private Bushfire Shelter Construction) Interim Regulations 2010 5 (a) location of the Class 10c building relative to fire hazards including— (i) predominant vegetation; (ii) adjacent buildings and structures; (iii) allotment boundaries; (iv) other combustible materials; (b) occupancy of the Class 10c building; (c) bushfire intensity having regard for the bushfire attack level; (d) fire intensity from adjacent buildings and structures, allotment boundaries and other combustible materials; (e) ready access to the Class 10c building from the associated Class 1 building and occupant egress after the fire; (f) tenability within the Class 10c building for the estimated maximum period of occupancy; (g) generation of smoke, heat and toxic gases from materials used to construct the Class 10c building; r. 6 r. 6 -- 6 of 12 -- S.R. No. 32/2010 Building Amendment (Private Bushfire Shelter Construction) Interim Regulations 2010 6 (h) structural and fire loads and actions to which the Class 10c building may reasonably be subjected having regard to— (i) the topography between the Class 10c building and the predominant vegetation or other fire hazards; (ii) the distance between the Class 10c building and the predominant vegetation or other fire hazards; (iii) the size of the potential fire source and fire intensity; (iv) wind loading; (v) potential impact from debris such as falling tree limbs; (i) degree of external signage identifying the location of the Class 10c building; (j) degree of internal signage in the Class 10c building identifying the design capacity and maximum period of occupancy; (k) degree of occupant awareness of outside environmental conditions; r. 6 -- 7 of 12 -- S.R. No. 32/2010 Building Amendment (Private Bushfire Shelter Construction) Interim Regulations 2010 7 (l) degree of essential maintenance of the Class 10c building. Terms used in this performance requirement that are not defined in Volume 2 of the BCA have the same meaning as in ABCB Performance Standard for Private Bushfire Shelters 2010 Part 1.". (h) before " B. Acceptable construction practice " there were inserted— " AB. Acceptable design and construction manual for Class 10c buildings 3.7.4.0A Performance requirement P2.3.4A is satisfied for a Class 10c building associated with a Class 1 building if it— (a) is designed and constructed in accordance with ABCB Performance Standard for Private Bushfire Shelters 2010 Part 1; and (b) does not form part of, or is not attached to, a Class 1 building or a Class 10a building.".'. r. 6 -- 8 of 12 -- S.R. No. 32/2010 Building Amendment (Private Bushfire Shelter Construction) Interim Regulations 2010 8 7 New Division 3 of Part 12 substituted For Division 3 of Part 12 of the Principal Regulations substitute— "Division 3—Private bushfire shelter maintenance and operation 1221 Application of this Division This Division applies to a Class 10c building associated with a Class 1 building. 1222 Private bushfire shelter maintenance and operation (1) The occupier of an allotment containing a Class 10c building associated with a Class 1 building must ensure that the Class 10c building is maintained in a state that enables the Class 10c building to fulfil its purpose. Penalty: 20 penalty units. (2) The occupier of an allotment containing a Class 10c building associated with a Class 1 building must ensure that any paths of travel from the Class 1 building to the Class 10c building are maintained in an efficient condition and kept readily accessible, functional and clear of obstruction so that access to the Class 10c building is maintained. Penalty: 20 penalty units.". 8 Revocation of regulations Regulations 113A and 115 and Division 3 of Part 12 of the Principal Regulations are revoked. r. 7 -- 9 of 12 -- S.R. No. 32/2010 Building Amendment (Private Bushfire Shelter Construction) Interim Regulations 2010 9 9 Revocation of definition In regulation 105 of the Principal Regulations, the definition of bushfire performance requirement is revoked. 10 Expiry These Regulations expire on 27 May 2011. ═══════════════ r. 9 -- 10 of 12 -- S.R. No. 32/2010 Building Amendment (Private Bushfire Shelter Construction) Interim Regulations 2010 10 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 and 15/2010. 2 Reg. 5: S.R. No. 139/2009. —— 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 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 6 which inserts the definition of bushfire performance requirement into the Building Regulations 2006 Volume Two of the BCA Performance Requirement P2.3.4A Endnotes -- 11 of 12 -- S.R. No. 32/2010 Building Amendment (Private Bushfire Shelter Construction) Interim Regulations 2010 11 Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 8 which inserts regulation 115 into the Building Regulations 2006 Volume One of the BCA Volume Two of the BCA ABCB Performance Standard for Private Bushfire Shelters 2010 Part 1, published by the Australian Building Codes Board on 30 April 2010 as incorporated by the BCA Clauses A1.1 and A.3.2 Clauses 1.0.10, 1.1.1, 1.3.2, 1.3.3, 1.4.1, Table 1.4.1, O2.3(c) and (d), F2.3.4A, 3.7.4.0A and Performance Requirement P2.3.4A The whole -- 12 of 12 --