Building Amendment (Bushfire Construction) Further Interim Regulations 2009

i Building Amendment (Bushfire Construction) Further Interim Regulations 2009 S.R. No. 105/2009 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Commencement 1 4 Prescribed reporting authorities and prescribed matters 2 5 New regulation 309A inserted 2 309A Requirements for permits involving bushfire safety matters 2 6 New regulations 808 and 809 inserted 3 808 Water supply for fire fighting purposes 3 809 Access for emergency vehicles 5 7 New Part 1A of Schedule 4 inserted 7 PART 1A—PRESCRIBED MATTERS REPORTED ON BY CHIEF OFFICER 7 8 Prescribed reporting authorities and prescribed matters 8 9 Revocation of regulation 114 8 10 Revocation of inserted regulations 8 11 Expiry 8 ═══════════════ ENDNOTES 9 -- 1 of 10 -- 1 STATUTORY RULES 2009 S.R. No. 105/2009 Building Act 1993 Building Amendment (Bushfire Construction) Further Interim Regulations 2009 The Governor in Council makes the following Regulations: Dated: 1 September 2009 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 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 (1) These Regulations (except regulations 8, 9 and 10) come into operation on 1 September 2009. (2) Regulation 9 comes into operation on 9 March 2010. -- 2 of 10 -- S.R. No. 105/2009 Building Amendment (Bushfire Construction) Further Interim Regulations 2009 2 (3) Regulations 8 and 10 come into operation on 30 August 2010. 4 Prescribed reporting authorities and prescribed matters In regulation 308(2)(a) of the Building Regulations 2006 1 after the words "Part 1" insert the words "or Part 1A". 5 New regulation 309A inserted After regulation 309 of the Building Regulations 2006 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— (a) if 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) if the allotment on which the building is located is in a Wildfire Management Overlay under the relevant planning scheme approved under the Planning and Environment Act 1987— if those matters 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. 105/2009 Building Amendment (Bushfire Construction) Further Interim Regulations 2009 3 6 New regulations 808 and 809 inserted After regulation 807 of the Building Regulations 2006 insert— "808 Water supply for fire fighting purposes (1) Subject to subregulation (7), if the 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 that allotment is in a Wildfire Management Overlay under the relevant planning scheme approved under the Planning and Environment Act 1987, a static water supply, such as a water tank, must be provided on the allotment in accordance with this regulation. (2) 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 60 m of the building; and (d) situated so as to enable emergency services vehicles access to within 4 m of the water supply outlet. (3) 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 r. 6 -- 4 of 10 -- S.R. No. 105/2009 Building Amendment (Bushfire Construction) Further Interim Regulations 2009 4 (b) pointing in the direction of the water supply. Diagram—Sign indicating static water supply location (4) All below-ground water pipelines relating to the static water supply must be installed to the depths of— (a) 300 mm if subject to vehicle traffic; or (b) 75 mm if under a house or concrete slab, or (c) 225 mm in all other locations. (5) 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 non- combustible materials, or be protected from the effects of radiant heat and flame. (6) 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 64 mm, 3 thread/25 mm × 50 mm nominal bore British Standard Pipe (BSP) round male coupling; r. 6 -- 5 of 10 -- S.R. No. 105/2009 Building Amendment (Bushfire Construction) Further Interim Regulations 2009 5 (b) all pipe work and valving between the water supply and the water supply outlet must be no less than 50 mm nominal bore; (c) if the water supply is less than 20 m from the building, each outlet must face away from the building to allow access during emergencies. (7) Subregulation (1) does not apply if— (a) the bushfire attack level of the allotment is determined as LOW or 12·5 under clause 2.2 or Appendix B (as the case requires) in accordance with Section 2 of AS 3959—2009 Construction of buildings in bushfire- prone areas, published 10 March 2009, as published from time to time; and (b) there is a fire hydrant connected to a reticulated water supply within 120 m of the rear of the building. 809 Access for emergency vehicles (1) If the 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 that allotment is in a Wildfire Management Overlay under a planning scheme approved under the Planning and Environment Act 1987, the driveway to the building must be designed to allow an emergency vehicle access in accordance with this regulation. (2) The driveway must be designed so that as a minimum— (a) any curves in the driveway have a minimum inner radius of 10 m; and r. 6 -- 6 of 10 -- S.R. No. 105/2009 Building Amendment (Bushfire Construction) Further Interim Regulations 2009 6 (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 50 m; and (c) any dips in the driveway have no more than a 1 in 8 (12⋅5%) (7⋅1o ) entry and exit angle. (3) 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 30 m 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 (b) provide a minimum trafficable width of 3⋅5 m, and be clear of encroachments 4 m vertically. (4) If the driveway is longer than 100 m, 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 8 m; or (b) the driveway encircling the building; or (c) a T head or Y head with a minimum forced surface of each leg being 8 m in length measured from the centre point of the head and 4 m trafficable width. r. 6 -- 7 of 10 -- S.R. No. 105/2009 Building Amendment (Bushfire Construction) Further Interim Regulations 2009 7 Note The following diagrams illustrate aspects of subregulation (4)(c). Diagram—Y head Diagram—T head (5) If the length of the driveway is greater than 200 m passing bays must be provided and be— (a) 20 m long; and (b) provided every 200 m, with a trafficable width of 6 m.". 7 New Part 1A of Schedule 4 inserted After Part 1 of Schedule 4 to the Building Regulations 2006 insert— "PART 1A PRESCRIBED MATTERS REPORTED ON BY CHIEF OFFICER Column 1 Column 2 Column 3 Item Prescribed matters to be reported on by chief officer Regulation reference The following bushfire safety matters if those matters do not meet the requirements of regulation 808 or 809— 309A(1) r. 7 -- 8 of 10 -- S.R. No. 105/2009 Building Amendment (Bushfire Construction) Further Interim Regulations 2009 8 Column 1 Column 2 Column 3 Item Prescribed matters to be reported on by chief officer Regulation reference 1 static water supply for fire fighting purposes 2 emergency vehicle access ". 8 Prescribed reporting authorities and prescribed matters In regulation 308(2)(a) of the Building Regulations 2006 after the words "Part 1" omit the words "or Part 1A". 9 Revocation of regulation 114 Regulation 114 of the Building Regulations 2006 is revoked. 10 Revocation of inserted regulations Regulations 309A, 808, 809 of, and Part 1A of Schedule 4 to, the Building Regulations 2006 are revoked. 11 Expiry These Regulations expire on 31 August 2010. ═══════════════ r. 8 -- 9 of 10 -- S.R. No. 105/2009 Building Amendment (Bushfire Construction) Further Interim Regulations 2009 9 ENDNOTES 1 Reg. 4: S.R. No. 68/2006 as amended by S.R. Nos 136/2006, 115/2007, 126/2008, 25/2009 and 79/2009. —— 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. Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 6 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 Section 2 clause 2.2 Appendix B Endnotes -- 10 of 10 --