Building Amendment (Bushfire Construction) Interim Regulations 2009

i Building Amendment (Bushfire Construction) Interim Regulations 2009 S.R. No. 25/2009 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Commencement 1 4 New regulation 114 inserted 2 14 Bushfire construction requirements 2 5 Consequential amendments 3 6 Revocation of regulation 804 3 7 New Schedule 1A inserted 4 SCHEDULE 1A—Modification of Part G5 of the BCA 4 G5.0 Deemed-to-Satisfy Provisions 5 G5.1 Application of Part 5 G5.2 Protection 5 8 Revocation of consequential amendments 6 9 Re-insertion of regulation 804 6 804 Designated bushfire prone areas 6 10 Revocation of Schedule 1A 7 11 Expiry 7 ═══════════════ ENDNOTES 8 -- 1 of 9 -- 1 STATUTORY RULES 2009 S.R. No. 25/2009 Building Act 1993 Building Amendment (Bushfire Construction) Interim Regulations 2009 The Governor in Council makes the following Regulations: Dated: 10 March 2009 Responsible Minister: JUSTIN MADDEN Minister for Planning RYAN HEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Building Regulations 2006 in relation to the construction requirements of certain classes of buildings that may be subject to the effect of bushfire. 2 Authorising provisions These Regulations are made under sections 7, 9, 261, 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 11 March 2009. (2) Regulations 8, 9 and 10 come into operation on 9 March 2010. -- 2 of 9 -- S.R. No. 25/2009 Building Amendment (Bushfire Construction) Interim Regulations 2009 2 4 New regulation 114 inserted After regulation 113 of the Building Regulations 2006 1 insert— '114 Bushfire construction requirements (1) Volume One of the BCA applies as if— (a) a reference to AS 3959 in Table 1 in Specification A1.3 were a reference to AS 3959—2009; and (b) for Part G5 there were substituted the provisions set out in Schedule 1A. (2) Volume Two of the BCA applies as if— (a) a reference to AS 3959 in Table 1.4.1 were a reference to AS 3959—2009; and (b) for clause F2.3.4 there were substituted— "F2.3.4 Bushfire areas A Class 1 building and any associated Class 10a buildings are to provide resistance to bushfires in order to reduce the danger to life and reduce the risk of the loss of the building."; and (c) for clause P2.3.4 there were substituted— "P2.3.4 Bushfire areas A Class 1 building and any associated Class 10a buildings must be designed and constructed to reduce the risk of ignition from a bushfire while the fire front passes."; and r. 4 -- 3 of 9 -- S.R. No. 25/2009 Building Amendment (Bushfire Construction) Interim Regulations 2009 3 (d) for clause 3.7.4.0 there were substituted— "3.7.4.0 Performance Requirement P2.3.4 is satisfied for a Class 1 building and any associated Class 10a buildings if it is constructed in accordance with AS 3959—2009 and for that purpose that Standard applies as if— (a) that Standard required the use of Tables 2.4.2 and 2.4.4 when using the simplified procedure set out in clause 2.2 of that Standard; and (b) a reference in that Standard to a bushfire-prone area or a designated bushfire-prone area were a reference to the whole of Victoria."; and (e) clauses 3.7.4.1, 3.7.4.2 and 3.7.4.3 were omitted.'. 5 Consequential amendments (1) Regulation 305(g)(iii) of the Building Regulations 2006 is revoked. (2) Regulation 326(2)(c) of the Building Regulations 2006 is revoked. (3) Regulation 807(6)(c) of the Building Regulations 2006 is revoked. 6 Revocation of regulation 804 Regulation 804 of the Building Regulations 2006 is revoked. r. 5 -- 4 of 9 -- S.R. No. 25/2009 Building Amendment (Bushfire Construction) Interim Regulations 2009 4 7 New Schedule 1A inserted After Schedule 1 of the Building Regulations 2006 insert— "SCHEDULE 1A Regulation 114 MODIFICATION OF PART G5 OF THE BCA PART G5 CONSTRUCTION IN BUSHFIRE PRONE AREAS OBJECTIVE GO5 The Objective of this Part is to— (a) safeguard occupants from injury; and (b) protect buildings, from the effects of a bushfire. Application GO5 only applies to Class 2 and 3 buildings and any associated Class 10a buildings and applies in addition to other provisions of the BCA. FUNCTIONAL STATEMENT GF5.1 A building is to provide a resistance to bushfires in order to reduce the danger to life and minimise the risk of the loss of the building. Application GF5.1 only applies to Class 2 and 3 buildings and any associated Class 10a buildings and applies in addition to other provisions of the BCA. r. 7 -- 5 of 9 -- S.R. No. 25/2009 Building Amendment (Bushfire Construction) Interim Regulations 2009 5 PERFORMANCE REQUIREMENT GP5.1 A building must be designed and constructed to reduce the risk of ignition from a bushfire while the fire front passes. Application GP5.1 only applies to Class 2 and 3 buildings and any associated Class 10a buildings and applies in addition to other provisions of the BCA. PART G5 CONSTRUCTION IN BUSHFIRE PRONE AREAS Deemed-to-Satisfy Provisions G5.0 Deemed-to-Satisfy Provisions (a) Where a Building Solution is proposed to comply with the Deemed-to-Satisfy Provisions, Performance Requirements GP5.1 is satisfied by complying with G5.1 and G5.2. (b) Where a Building Solution is proposed as an Alternative Solution to the Deemed-to-Satisfy Provisions of G5.1 and G5.2, the relevant Performance Requirements must be determined in accordance with A0.10. G5.1 Application of Part The Deemed-to-Satisfy Provisions of this Part apply to Class 2 and 3 buildings and any associated Class 10a buildings. G5.2 Protection Class 2 and 3 buildings and any associated Class 10a buildings must comply with AS 3959—2009 and for that purpose that Standard applies as if— (a) that Standard required the use of Tables 2.4.2 and 2.4.4 when using the simplified procedure set out in clause 2.2 of that Standard; and r. 7 -- 6 of 9 -- S.R. No. 25/2009 Building Amendment (Bushfire Construction) Interim Regulations 2009 6 (b) a reference in that Standard to a bushfire-prone area or a designated bushfire-prone area were a reference to the whole of Victoria.". 8 Revocation of consequential amendments (1) After regulation 305(g)(ii) of the Building Regulations 2006 insert— "(iii) that is a designated bushfire prone area determined under regulation 804; or". (2) After regulation 326(2)(b) of the Building Regulations 2006 insert— "(c) that is determined under regulation 804 to be a designated bush fire prone area; or". (3) After regulation 807(6)(b) of the Building Regulations 2006 insert— "(c) an area determined as a designated bushfire prone area under regulation 804; or". 9 Re-insertion of regulation 804 After regulation 803 of the Building Regulations 2006 insert— "804 Designated bushfire prone areas (1) For the purposes of these Regulations, a council, after consultation with the chief officer, may determine that areas within its municipal district are designated bushfire prone areas. (2) If a building is to be constructed in a designated bushfire prone area and⎯ (a) a planning permit is required for the construction of the building; and (b) a site assessment for the purpose of determining bushfire risk to the building has been considered as part of r. 8 -- 7 of 9 -- S.R. No. 25/2009 Building Amendment (Bushfire Construction) Interim Regulations 2009 7 the application for the planning permit⎯ the relevant building surveyor may accept that site assessment for the purpose of determining the construction requirements that are applicable to the building due to the building being in a designated bushfire prone area.". 10 Revocation of Schedule 1A Schedule 1A to the Building Regulations 2006 is revoked. 11 Expiry These Regulations expire on 10 March 2010. ═══════════════ r. 10 -- 8 of 9 -- S.R. No. 25/2009 Building Amendment (Bushfire Construction) Interim Regulations 2009 8 ENDNOTES 1 Reg. 4: S.R. No. 68/2006 as amended by S.R. Nos 136/2006, 115/2007 and 126/2008. —— 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— "Building Code of Australia" 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 4 which inserts regulation 114 into the Building Regulations 2006 Volume One of the BCA Volume Two of the BCA AS 3959—2009 Construction of buildings in bushfire-prone areas, published by Standards Australia on 10 March 2009 as incorporated by the BCA Table 1 in Specification A1.3 Part G5 Table 1.4.1 Clauses F2.3.4, P2.3.4 and 3.7.4.0 The whole Endnotes -- 9 of 9 --