Building Amendment (Bushfire-prone Areas) Regulations 2016

Building Amendment (Bushfire-prone Areas) Regulations 2016

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Building Act 2000 .

14 March 2016

C. WARNER

Governor

By His Excellency's Command,

ADAM BROOKS

Minister for Building and Construction

1.   Short title

These regulations may be cited as the Building Amendment (Bushfire-prone Areas) Regulations 2016 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Building Regulations 2014 are referred to as the Principal Regulations.

4.    Regulation 3 amended (Interpretation)

Regulation 3(1) of the Principal Regulations is amended as follows:

(a) by inserting the following definition before the definition of A landslip area :

accredited bushfire hazard assessor means a person accredited by the Chief Officer under section 60D of the Fire Service Act 1979 to assess bushfire hazards;

(b) by inserting the following definitions after the definition of application :

AS 3959 means Australian Standard AS 3959 – 2009 Construction of Buildings in Bushfire-prone Areas;

associated work in a bushfire-prone area means any of the following:

(a) the provision of water supply for fire-fighting purposes;

(b) the provision of vehicular access to –

(i) enable evacuation of occupants; or

(ii) provide access by fire-fighting vehicles to fight fires;

Australian Standard means a standard approved for publication on behalf of the Council of the Standards Association of Australia, as amended from time to time;

BAL means the bushfire attack level for a building or a building site determined in accordance with AS 3959;

BAL assessment means an assessment of the bushfire attack level for a building or a building site prepared in accordance with AS 3959;

BCA means the Building Code of Australia;

(c) by inserting the following definitions after the definition of B landslip area :

building class refers to the building classification scheme used in the BCA;

building work in a bushfire-prone area means –

(a) the erection, re-erection or construction of a new building; and

(b) additions or alterations, requiring a building permit, of existing buildings; and

(c) a change from a non-residential class of building to a residential class –

but does not include the following:

(d) any work exempted by the Building Regulations from requiring a building permit;

(e) minor alterations or minor repairs of an existing building;

(f) any work where the BAL has been assessed as BAL-Low unless the building use is a vulnerable use;

(g) demolition or removal of a building, or part of a building, unless that work would expose a habitable building to a higher bushfire attack level from embers or radiant heat;

(h) erection of a non-habitable building (Class 10a) that is separated from a habitable building by 6 metres or more;

(i) erection of a structure (Class 10b);

(j) internal building work that requires a building permit;

(k) a change of use of a building that requires a building permit for new work, but not –

(i) for a change of use of a building that is classed as a vulnerable use; or

(ii) where the new use is classed as a hazardous use that requires planning approval, as hazardous chemicals or explosives will be stored on the site;

(l) a change of building classification that requires a building permit for new work (but not for a vulnerable use, or a hazardous use that requires planning approval);

(d) by omitting "or is zoned general residential, inner residential or village" from the definition of bushfire-prone vegetation ;

(e) by inserting the following definition after the definition of demolisher :

Director's determination means the document determining standards for building work in a bushfire-prone area and associated work in a bushfire-prone area titled "Determination – Requirements for Building in Bushfire-Prone Areas" published by the Director and as amended from time to time;

(f) by omitting the definition of food premises ;

(g) by inserting the following definition after the definition of GST :

hazardous use means a use set out in clause E1.5.2 of Interim Planning Directive No. 1;

(h) by inserting the following definition after the definition of Heritage Register :

Interim Planning Directive No. 1 means the Interim Planning Directive No. 1 “Bushfire-Prone Areas Code” as approved by the Minister from time to time, under the Land Use Planning and Approvals Act 1993 ;

(i) by inserting the following definition after the definition of public or other authority :

reportable food premises means food premises to which the Food Act 2003 or the Liquor and Accommodation Act 1990 applies;

(j) by omitting "building." from paragraph (h) of the definition of Type 2 exempt outbuilding and substituting "building;";

(k) by inserting the following definition after the definition of Type 2 exempt outbuilding :

vulnerable use means vulnerable use as specified in regulation 11A .

5.    Regulation 4 amended (Certain buildings and building work exempt from requirement for building permit)

Regulation 4 of the Principal Regulations is amended as follows:

(a) by omitting paragraph (o) and substituting the following paragraph:

(o) the installation of the following in a Class 1a building:

(i) a stairway lift;

(ii) a platform lift;

(iii) a residential passenger lift, if an accredited engineer – civil certifies that the proposed installation of the passenger lift will not affect the structural integrity of the building;

(b) by omitting paragraph (s) ;

(c) by omitting from paragraph (u)(ii) "it." and substituting "it;";

(d) by inserting the following paragraph after paragraph (u) :

(v) electricity transmission and telecommunication infrastructure including towers, poles and lines constructed by a public or other authority but not including a roofed building in an electrical distribution substation.

6.    Regulation 6 amended (Minor alterations and minor repairs)

Regulation 6(1)(h) of the Principal Regulations is amended by inserting "unless the Heritage Council has given its approval to the work" after "Register".

7.    Regulation 11 amended (Adoption of Building Code of Australia)

Regulation 11 of the Principal Regulations is amended as follows:

(a) by omitting the definition of defined flood level from subregulation (2) and substituting the following definition:

defined flood level means the designated flood level as specified in regulation 15;

(b) by inserting the following subregulation after subregulation (8) :

(8A)  Clause D3.1 of Volume One of the Building Code of Australia is modified by inserting the following item after the item relating to Class 2 buildings in column 1 of Table D3.1:

Class 2 in existing two-storey building
Class 2 within an existing two-storey building that comprises –	No requirements
(a) two or more Class 2 sole-occupancy units on the second floor only, where those units are not made available for short-term rental; and
(b) a Class 5 or Class 6 building only on the ground floor

8.    Part 1A inserted

After regulation 11 of the Principal Regulations , the following Part is inserted:

PART 1A - Bushfire-prone Areas

Division 1 - Preliminary

11A.   Vulnerable use

The use of a building for any of the following is a vulnerable use:

(a) an accommodation building (corresponding to BCA Class 1b or Class 3);

(b) an accommodation building (corresponding to BCA Class 2) but only if it is used as a guest house, hostel, group home for persons with a disability, respite centre or residential aged care facility;

(c) a factory or laboratory (corresponding to BCA Class 8);

(d) a health-care building (corresponding to BCA Class 9a);

(e) an assembly building (corresponding to BCA Class 9b);

(f) an aged care facility (corresponding to BCA Class 9c).

11B.   Application of Part

(1)  This Part applies to any of the following that are in a bushfire-prone area:

(a) a building of Class 1a, 2 or 3;

(b) a use of a building that is a vulnerable use within Class 1b, 3, 8, 9a, 9b or 9c;

(c) a Class 10a building that is closer than 6 metres to a habitable building.

(2)  This Part does not apply if a BAL assessment or a bushfire hazard management plan has determined that the BAL assigned to a site is BAL-Low, unless the use is a vulnerable use.

Division 2 - Building in bushfire-prone areas

11C.   Compliance with requirements for building work in bushfire-prone areas

A person must not carry out building work in a bushfire-prone area, or associated work in a bushfire-prone area, otherwise than in accordance with this Part.

Penalty:  Fine not exceeding 500 penalty units.

11D.   Compliance with BCA performance requirements

If a building in a bushfire-prone area is constructed or altered in accordance with the Director’s determination, the Performance Requirements P2.3.4 of the Tasmanian Variation of BCA Volume Two, and Tas Part GP 5.1 of the Tasmanian Appendix to BCA Volume One, are taken to be complied with.

11E.   Additions and alterations of existing habitable buildings

(1)  Any alterations or additions requiring a building permit to an existing building, the construction of which was approved after 28 November 2012 (in accordance with the requirements for building in a bushfire-prone area), are required to be to the same standard for the BAL assessed for construction of the existing building, unless –

(a) the original BAL assessment prepared for construction of the building is more than 6 years old, in which case the required standard is in accordance with the new BAL assessment; or

(b) a new BAL assessment has been prepared for that site, in which case the required standard is in accordance with the new BAL assessment; or

(c) the addition or alteration will result in a higher BAL, through being closer to the bushfire hazard than the existing building, in which case the required standard is that which is in accordance with the higher BAL.

(2)  In respect of any additions or alterations to an existing building requiring a building permit –

(a) the addition or alteration must not restrict any existing vehicular access to any part of the habitable building, or access to any existing water supply for firefighting; and

(b) if the addition or alteration –

(i) is 20 square metres gross floor area or less and does not result in the building being closer to bushfire-prone vegetation, no special bushfire requirements apply to either the new work or to the existing building; or

(ii) is greater than 20 square metres gross floor area –

(A) the addition or alteration, existing building, and other buildings associated with the existing building must be provided with hazard management areas of dimensions no less than that for the BAL assessed for the addition or alteration; and

(B) where an existing water supply for firefighting is not available, a water supply for firefighting must be provided that meets the requirements in the Director's determination; and

(C) where property access is not available, property access must be provided that meets the requirements in the Director's determination.

Division 3 - Process for compliance with building in bushfire-prone areas

11F.   Bushfire hazard management plan assessment

(1)  Where building work in a bushfire-prone area is to be undertaken, one of the following is required:

(a) a bushfire hazard management plan;

(b) a certificate issued by an accredited bushfire hazard assessor stating that there is an insufficient increase in risk from bushfire to an existing building or its occupants to warrant any specific bushfire protection measures.

(2)  If the building work in a bushfire-prone area required a planning permit under a planning scheme or a planning permit has been issued for the subdivision of which the relevant lot is a part –

(a) a bushfire hazard management plan undertaken for the purposes of that permit is to be taken to satisfy the requirements of subregulation (1)(a) , unless that bushfire hazard management plan is more than 6 years old; and

(b) a certificate provided by an accredited bushfire hazard assessor for the purposes of that permit, that there is an insufficient increase in risk from bushfire to an existing building or its occupants to warrant any specific bushfire protection measures, is to be taken to satisfy the requirements of subregulation (1)(b) , unless that certificate is more than 6 years old.

(3)  A copy of the bushfire hazard management plan referred to in subregulation (2)(a) , or the certificate referred to in subregulation (2)(b) , is to be provided by the accredited bushfire hazard assessor, upon request, to the responsible designer.

11G.   Design process

The design of any building work in a bushfire-prone area or associated work in a bushfire-prone area is to –

(a) take into account the BAL assessment determined in a bushfire hazard management plan that was prepared for that work; and

(b) comply with –

(i) the Director's determination; and

(ii) the Performance Requirements of Tas Part GP5.1 of Volume One of the BCA or P2.3.4 of the Tasmanian Variation of BCA Volume Two.

11H.   Certificate of likely compliance assessment process

(1)  In assessing an application for a certificate of likely compliance for building work in a bushfire-prone area, the building surveyor is to take into account any BAL assessment determined in a bushfire hazard management plan that was prepared for that work.

(2)  If building work in a bushfire-prone area is to be undertaken and –

(a) a planning permit is required for the building work or a planning permit has been issued for the subdivision of which the relevant lot is a part; and

(b) a bushfire hazard management plan for the purpose of determining bushfire risk to the building work in a bushfire-prone area has been considered as part of the application for the planning permit –

the relevant building surveyor is to accept that bushfire hazard management plan for the purpose of determining the construction requirements that are applicable to the building by virtue of it being building work in a bushfire-prone area.

11I.   Director to consult with Chief Officer

The Director must consult with the Chief Officer before publishing the Director’s determination or any amendments, made from time to time, to the Director’s determination.

9.    Regulation 17 amended (Reporting authorities)

Regulation 17(c) of the Principal Regulations is amended by inserting "reportable" after "case of".

10.    Regulation 19 amended (Required report from environmental health officer)

Regulation 19(1) of the Principal Regulations is amended by inserting "reportable" after "relation to".

11.    Regulation 21 amended (Granting of building permits)

Regulation 21(1)(e) of the Principal Regulations is amended by omitting "required for a planning permit".

12.    Schedule 2 amended (Fire Safety Requirements to be reported on and inspected by Chief Officer)

Schedule 2 to the Principal Regulations is amended by inserting after item 14 the following item:

15.   Requirements proposed in an alternative solution for building work in a bushfire-prone area or associated work in a bushfire-prone area*.

* Item is to be provided prior to the issuing of a certificate of likely compliance.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 17 March 2016

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Building Regulations 2014 in relation to building in bushfire-prone areas by –

(a) revising requirements for building in bushfire-prone areas; and

(b) amending the National Construction Code in relation to sole-occupancy units; and

(c) clarifying food premises in respect of which an environmental health officer is to be notified of proposed building work; and

(d) exempting certain works from the requirement to obtain a building permit; and

(e) making other minor amendments.