BUILDING REGULATIONS 2012 - REG 31BA
BUILDING REGULATIONS 2012 - REG 31BA
31BA . Applicable building standards for buildings and incidental structures in bush fire prone areas (s. 3, 19(3), 37(1) and (2), 57(3), 49(b), 51(2) and (3))
(1A) In this
regulation —
bush fire standard means —
(a) a
bush fire performance requirement; or
(b) to
the extent not covered by paragraph (a), a requirement imposed under any
written law that is a requirement relating to —
(i)
a technical aspect of the construction of a building or
incidental structure; and
(ii)
bush fires;
Note for this definition:
Paragraph (b)
includes, for example, requirements imposed under the Building
Regulations 1989 .
excluded building work means building work that is
the renovation, alteration, extension, improvement or repair of a relevant
building if —
(a) the
estimated value of the building work is less than $20 000; or
(b) the
renovation, alteration, extension, improvement or repair does not increase the
risk of ignition from bushfire attack for the relevant building;
relevant building means a Class 1,
Class 2 or Class 3 building that was not required to comply or
substantially comply with a bush fire standard at the latest of the following
times —
(a) when
the building was constructed;
(b) if
1 or more applications or notices under section 49(b) or 51(2) or
(3) or regulation 47(1) have been made or given in respect of the
building — when the application or notice, or the last application
or notice, was made or given;
(c) if
the building has been relocated — when the building was last
relocated;
renovation, alteration, extension, improvement or
repair , in respect of a building, does not include the installation of a roof
mounted evaporative air conditioning unit on the building.
(1) For the purposes
of the definition of applicable building standard in section 3, the
building standards set out in Column 2 of the Table are prescribed as
applicable building standards for the purposes set out in Column 1 of the
Table opposite the standards.
Table
|
Item |
Column 1 Purposes |
Column 2 Applicable building standards |
|---|---|---|
|
1. |
Section 19(3) in respect of all kinds of buildings and incidental
structures located in a bush fire prone area |
The requirements mentioned in regulation 31A(2) except that the bush fire
performance requirements are not applicable building standards if —
(a) the building or incidental structure is or
will be located in an area that, at any time during the 4‑month period
ending on the day on which the application is made, was not a bush fire prone
area; or (b) the building work that is proposed to be done
in respect of the building or incidental structure is excluded building work
only; or (c) the building or incidental structure is or
will be — (i) a Class 10a building or deck; and (ii) associated with a relevant building. |
|
2. |
Section 37(1) in respect of all kinds of buildings and incidental
structures located in a bush fire prone area |
The requirements mentioned in regulation 31A(2) except that the bush fire
performance requirements are not applicable building standards if —
(a) the building or incidental structure is
located in an area that, at any time during the 4‑month period ending on
the day on which the application for the building permit was made, was not a
bush fire prone area; or (b) the building work done in respect of the
building or incidental structure under the building permit is excluded
building work only; or (c) the building or incidental structure
is — (i) a Class 10a building or deck; and (ii) associated with a relevant building. Note for this item: See also regulation 31HB(2). |
|
3. |
Section 37(2) in respect of all kinds of buildings and incidental
structures located in a bush fire prone area |
The requirements mentioned in regulation 31E(2) except that the bush fire
performance requirements are not applicable building standards if —
(a) the building or incidental structure is
located in an area that, at any time during the 4‑month period ending on
the day on which the building work in respect of the building or incidental
structure commenced, was not a bush fire prone area; or (b) the building work done in respect of the
building or incidental structure is excluded building work only; or (c) the building or incidental structure
is — (i) a Class 10a building or deck; and (ii) associated with a relevant building. Note for this item: See also regulation 31HB(3). |
|
4. |
Section 57(3) for an application mentioned in section 49(b) in
respect of all kinds of buildings located in a bush fire prone area |
The requirements mentioned in regulation 31G(2) except that the bush fire
performance requirements are not applicable building standards if the building
is located in an area that, at any time during the 4‑month period ending
on the day on which the application is made, was not a bush fire prone area. |
|
5. |
Section 57(3) for an application mentioned in section 51(2) in
respect of all kinds of buildings located in a bush fire prone area |
The requirements mentioned in regulation 31G(2) except that the bush fire
performance requirements are not applicable building standards if —
(a) the building is located in an area that, at
any time during the 4‑month period ending on the day on which the
application is made, was not a bush fire prone area; or (b) the unauthorised work done in respect of the
building is excluded building work only. |
|
6. |
Section 57(3) for an application mentioned in section 51(3) in
respect of all kinds of buildings and incidental structures located in a bush
fire prone area |
The requirements mentioned in regulation 31G(2) except that the bush fire
performance requirements are not applicable building standards if —
(a) the building or incidental structure is
located in an area that, at any time during the 4‑month period ending on
the day on which the application is made, was not a bush fire prone area; or (b) the unauthorised work done in respect of the
building or incidental structure is excluded building work only; or (c) the building or incidental structure
is — (i) a Class 10a building or deck; and (ii) associated with a relevant building. |
(2) Item 1, 2 or
3 (as the case may be) of the Table to subregulation (1) does not apply
if the building work is the assembly, reassembly or securing of a relocated
building or a relocated incidental structure.
Note for this subregulation:
See also
regulation 31D.
(3) Column 2
paragraph (b) of item 1, 2, 3, 5 or 6 (as the case may be) of the
Table to subregulation (1) does not apply if the excluded building work
is part of a larger project of building work that has been divided up for the
sole or dominant purpose of taking advantage of that paragraph.
(4) In determining
whether building work is excluded building work for the purposes of
Column 2 paragraph (b) of item 2 or 3 (as the case may be) of
the Table to subregulation (1), the definition of that term in
subregulation (1A) applies as if the definition of relevant building had
not been replaced by the Building Amendment Regulations 2021
regulation 6(1) and (2) if —
(a) in
the case of item 2 — the building permit for the building work
was obtained before 1 May 2021; or
(b) in
the case of item 3 — the building work commenced before
1 May 2021.
[(5)-(8) deleted]
[Regulation 31BA inserted: Gazette
7 Dec 2015 p. 4898‑900; amended: Gazette
5 Apr 2016 p. 1017‑19; 9 Mar 2018 p. 800;
26 Mar 2019 p. 943; SL 2021/42 r. 6; SL 2022/26
r. 7.]
[ 31B. Deleted: Gazette 5 Oct 2018
p. 4014.]