South Australian Repealed Regulations

This legislation has been repealed.

DEVELOPMENT REGULATIONS 1993 - 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 an area identified as a medium or high bushfire risk area by the relevant Development Plan.

        (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 ).

        (4)         If—

            (a)         application is made for building rules consent for building work; and

            (b)         the building (or proposed building) is in an area identified as a general bushfire risk area by the relevant Development Plan,

then—

            (c)         if the building work involves—

                  (i)         the construction of a Class 1, 2 or 3 building under the Building Code ; or

                  (ii)         the construction of a Class 10 building under the Building Code that will adjoin a Class 1, 2 or 3 building,

the building to which the building work relates must comply with Appendix F8 of the South Australian Housing Code ; and

            (d)         —

                  (i)         if the building work is in the nature of an alteration to a Class 1, 2 or 3 building under the Building Code ; and

                  (ii)         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),

the relevant authority may require, as a condition of consent, that the entire building be brought into conformity with the relevant requirements of Appendix F8 of the South Australian Housing Code .

        (5)         In subregulation (4)—

"construction", in relation to a building, means building or re-building, or erecting or re-erecting.