South Australian Repealed Regulations

This legislation has been repealed.

DEVELOPMENT REGULATIONS 1993 - REG 76C

76C—Fire safety requirements—Brush fences

        (1)         This regulation applies to—

            (a)         the construction of a brush fence closer than 3 metres to an existing or proposed Class 1 or 2 building under the Building Code ; or

            (b)         the construction of a Class 1 or 2 building under the Building Code closer than 3 metres to an existing or proposed brush fence.

Note—

This regulation does not apply if the relevant application for building rules consent has been made before the commencement of this regulation—see section 53(1) of the Act.

        (2)         For the purposes of subregulation (1), the distance of 3 metres will be measured from any part of an existing or proposed brush fence and from any part of an existing or proposed external wall of the relevant building.

        (3)         In a case where this regulation applies, the Class 1 or 2 building must comply with Minister's Specification SA 76C.

        (4)         Minister's Specification SA 76C may specify encroachments that are permitted despite the operation of subregulation (3).

        (5)         In this regulation—

"brush" means—

            (a)         Broombrush (Melaleuca uncinata); and

            (b)         any other form of dried vegetation material—

                  (i)         that has similar fire characteristics to Broombrush; and

                  (ii)         that is brought within the ambit of this definition by Minister's Specification SA 76C;

"brush fence" includes—

            (a)         a fence that is predominantly constituted by brush;

            (b)         a gate that is predominantly constituted by brush;

"construction"—

            (a)         in relation to a brush fence—includes an alteration of, or addition to, a brush fence but does not include the repair of an existing brush fence that does not enlarge or extend the brush fence;

            (b)         in relation to a Class 1 or 2 building—means building or re-building, erecting or re-erecting, or extending or altering, the building;

"encroachment" means a part of a building, including fittings or attachments, that may occur between an external wall and, for the purposes of this regulation, a brush fence;

"external wall" means an external wall within the meaning of the Building Code .