Building Amendment (Private Bushfire Shelter Construction) Interim Regulations 2010

Building Amendment (Private Bushfire Shelter Construction) Interim Regulations 2010

S.R. No. 32/2010

table of provisions

RegulationPage

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Revocation

6New regulation 115 substituted

115Private bushfire shelter construction requirements

7New Division 3 of Part 12 substituted

Division 3—Private bushfire shelter maintenance and operation

1221Application of this Division

1222Private bushfire shelter maintenance and operation

8Revocation of regulations

9Revocation of definition

10Expiry

═══════════════

ENDNOTES

S.R. No. 32/2010

Building Amendment (Private Bushfire Shelter Construction) Interim Regulations 2010

statutory rules 2010

S.R. No. 32/2010

Building Amendment (Private Bushfire Shelter Construction) Interim Regulations 2010

Building Act 1993

S.R. No. 32/2010

Building Amendment (Private Bushfire Shelter Construction) Interim Regulations 2010

Building Amendment (Private Bushfire Shelter Construction) Interim Regulations 2010

S.R. No. 32/2010

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

1Objective

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.

2Authorising provisions

These Regulations are made under sections 7, 9and 262 of, and Part 1 of Schedule 1 to, the Building Act 1993.

3Commencement

(1)These Regulations (except regulations 8 and 9) come into operation on 28 May 2010.

(2)Regulations 8 and 9come into operation on 26May 2011.

4Principal Regulations

r. 4

In these Regulations, the Building Regulations 2006[1] are called the Principal Regulations.

5Revocation

The Building Amendment (Private Bushfire Shelter Construction) Interim Regulations 2009[2] are revoked.

6New 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—

(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.";

(i)in paragraphs (a) and (b), for "10aand 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

(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

r. 6

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 buildingmust be designed and constructed to provide a tenable environmentfor occupants during the passage of untenable conditions arising from a bushfire event, appropriate to the following—

(a)location of the Class 10c buildingrelative 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 intensityhaving regard for the bushfire attack level;

(d)fire intensity from adjacent buildings and structures, allotment boundaries and other combustible materials;

r. 6

(e)ready access to the Class 10c buildingfrom the associated Class 1 building and occupant egress after the fire;

(f)tenability within the Class 10c buildingfor 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

(h)structural and fire loads
and actions to which the Class10c building may reasonably be subjected having regard to—

(i)the topography between the Class 10c buildingand the predominant vegetation or other fire hazards;

(ii)the distance between the Class 10c buildingand 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 signageidentifying the location of the Class 10c building;

(j)degree of internal signage in the Class 10c buildingidentifying the design capacity and maximum period of occupancy;

(k)degree of occupant awareness of outside environmental conditions;

r. 6

(l)degree of essential maintenance of the Class10c 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—

r. 6

AB. Acceptable d esign and construction manual for Class 10c buildings

3.7.4.0A

Performance requirement P2.3.4A is satisfied for a Class10c building associated with a Class1 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 Class1 building or a Class10a building.".'.

7New Division 3 of Part 12substituted

r. 7

For Division 3 of Part 12 of the Principal Regulations substitute—

"Division 3—Privatebushfire shelter maintenance and operation

1221Application of this Division

This Division applies to a Class 10c buildingassociated with a Class 1 building.

1222Privatebushfire 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 Class10c 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.".

8Revocation of regulations

Regulations 113A and 115 and Division 3 of Part12 of the Principal Regulations are revoked.

9Revocation of definition

r. 9

In regulation 105 of the Principal Regulations, the definition of bushfire performance requirement is revoked.

10Expiry

These Regulations expire on 27 May 2011.

═══════════════

S.R. No. 32/2010

Building Amendment (Private Bushfire Shelter Construction) Interim Regulations 2010

ENDNOTES

Endnotes

[1] Reg. 4:S.R. No. 68/2006. Reprint No. 1 incorporating amendments as at 1September 2009. Reprintedto 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—

BCAmeans 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
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