Building Amendment (Private Bushfire Shelter
Construction) Regulations 2011
S.R. No. 22/2011
TABLE OF PROVISIONS
Regulation
Page
1
2
3
4
5
6
Objective
Authorising provisions
Commencement
Revocation
Definitions
Regulation 113A substituted
113A Bushfire performance requirements—alternative
solutions
7
Regulation 115 substituted
115
Private bushfire shelter construction requirements
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ENDNOTES
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1
1
1
2
2
2
2
3
3
5
STATUTORY RULES 2011
S.R. No. 22/2011
Building Act 1993
Building Amendment (Private Bushfire Shelter
Construction) Regulations 2011
The Governor in Council makes the following Regulations:
Dated: 19 April 2011
Responsible Minister:
MATTHEW GUY
Minister for Planning
MATTHEW McBEATH
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 in the event
of a bushfire.
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
These Regulations come into operation on 1 May
2011.
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Building Amendment (Private Bushfire Shelter Construction) Regulations
2011
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S.R. No. 22/2011
4 Revocation
The Building Amendment (Private Bushfire
Shelter Construction) Interim Regulations 20101
are revoked.
5 Definitions
In regulation 105 of the Building Regulations
20062, for the definition of "bushfire
performance requirement" substitute—
"bushfire performance requirement means
performance requirement P2.3.5 of the BCA
Volume Two to the extent that it relates to
fire safety for a Class 10c building associated
with a Class 1 building;".
6 Regulation 113A substituted
For regulation 113A of the Building Regulations
2006 substitute—
"113A Bushfire performance requirements—
alternative solutions
Despite anything to the contrary in the BCA,
a relevant building surveyor must not
determine that an alternative solution
complies with a bushfire performance
requirement unless the relevant building
surveyor—
(a) relies on a certificate under section 238
of the Act by a fire safety engineer,
who did not design the building work,
which states that the alternative
solution complies with that
performance requirement; or
(b) relies on a determination of the
Building Appeals Board under
section 160A of the Act that the
alternative solution complies with that
performance requirement; or
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Building Amendment (Private Bushfire Shelter Construction) Regulations
2011
S.R. No. 22/2011
(c) relies on a certificate of accreditation
issued by the Building Regulations
Advisory Committee, which states that
the alternative solution complies with
that performance requirement; or
(d) relies on a Certificate of Conformity
issued by the Australian Building
Codes Board which states that the
alternative solution complies with that
performance requirement.".
7 Regulation 115 substituted
For regulation 115 of the Building Regulations
2006 substitute—
'115 Private bushfire shelter construction
requirements
(1) The BCA Volume One applies as if in clause
A1.1 in the definition of "Private bushfire
shelter", for "Class 1a dwelling" there were
substituted "Class 1 building".
(2) The BCA Volume Two applies as if—
(a) in clause 1.1.1 in the definition of
"Private bushfire shelter", for
"Class 1a dwelling" there were
substituted "Class 1 building";
(b) in clause O2.3(d), for "Class 1a
dwelling" there were substituted
"Class 1 building";
(c) in performance requirement P2.3.5(e)
for "associated dwelling" there were
substituted "associated Class 1
building";
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Building Amendment (Private Bushfire Shelter Construction) Regulations
2011
r. 7
S.R. No. 22/2011
(d) in the Application at the foot of
performance requirement P2.3.5 after
"Class 10c building" there were
inserted "associated with a Class 1
building".'.
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Building Amendment (Private Bushfire Shelter Construction) Regulations
2011
S.R. No. 22/2011
ENDNOTES
1
Reg. 4: S.R. No. 32/2010.
2
Reg. 5: 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, 15/2010, 32/2010,
50/2010 and 82/2010.
——
Table of Applied, Adopted or Incorporated Matter Required by
Subordinate Legislation Regulations 2004
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 comprising—
(a) Volume One of the National Construction Code Series including any
variations or additions in the Appendix Victoria set out in the
Appendices to that Volume; and
(b) Volume Two of the National Construction Code Series including any
Victoria additions set out in Appendix A of that Volume
BCA Volume One means Volume One of the National Construction Code
Series including any variations or additions in the Appendix Victoria set out
in the Appendices to that Volume;
BCA Volume Two means Volume Two of the National Construction Code
Series including any Victoria additions set out in Appendix A of that
Volume;
National Construction Code Series means the National Construction Code
Series published by the Australian Building Codes Board as amended or
remade from time to time.
5
Endnotes
Building Amendment (Private Bushfire Shelter Construction) Regulations
2011
S.R. No. 22/2011
Statutory Rule
Provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 5
which substitutes
the definition of
fire performance
requirement in
regulation 105 of the
Building Regulations
2006
The BCA Volume Two
Performance
requirement
P2.3.5
Regulation 6
which substitutes
regulation 113A of
the Building
Regulations 2006
The BCA
Whole
Regulation 7
which substitutes
regulation 115 of the
Building Regulations
2006
The BCA Volume One
Clause A1.1
The BCA Volume Two
Clauses 1.1.1,
O2.3(d) and
performance
requirement
P2.3.5 and the
Application at
the foot of
performance
requirement
P2.3.5
6