South Australian Consolidated Regulations

DEVELOPMENT REGULATIONS 2008 - REG 78

78—Building Rules: bushfire prone areas

        (1)         For the purposes of Performance Requirement GP5.1—Volume 1, and P2.3.4—Housing Provisions—Volume 2, of the Building Code , a building is in a bushfire prone area if—

            (a)         it is in an area referred to in Schedule 18; or

            (b)         it is in an area identified as a general , medium or high bushfire risk area by the relevant Development Plan, or is in an area identified by the relevant Development Plan as an excluded area and is within 500 metres of an area identified as a high bushfire risk area .

        (2)         If—

            (a)         application is made for building rules consent for building work in the nature of an alteration to a Class 1, 2 or 3 building under the Building Code ; and

            (b)         the building is in a bushfire prone area under subregulation (1); and

            (c)         the total floor area of the building would, after the completion of the proposed building work, have increased by at least 50% when compared to the total floor area of the building as it existed 3 years before the date of the application (or, in the case of a building constructed since that time, as it existed at the date of completion of original construction),

then the relevant authority may require, as a condition of consent, that the entire building be brought into conformity with the relevant requirements of the Building Rules for bushfire protection.

        (3)         A person who undertakes building work in a bushfire prone area under subregulation (1) must comply with the requirements of Minister's Specification SA 78 insofar as it is relevant to the particular building work (in addition to the requirements of the Building Code ).