Changes to requirements in designated bush fire prone areas
The State Government has announced a whole of government approach to address recommendations made by the Keelty Report into the Perth Hills bush fire of 2011. Key measures include:
- the creation of a map of bush fire prone areas, which identifies the areas of Western Australia that have been designated as bush fire prone by order of the Fire and Emergency Services Commissioner (FES Commissioner); and
- new planning requirements for development in designated bush fire prone areas.
Designation as a bush fire prone area triggers the bush fire construction requirements of the Building Code of Australia (BCA) for certain residential buildings.
Please see below for information on changes to requirements in designated bush fire prone areas in Western Australia.
Map of bush fire prone areas
The Map of bush fire prone areas (the map) identifies land falling within, or partially within, a bush fire prone area of Western Australia.
The map has been developed by the Office of Bushfire Risk Management (OBRM) and is available from the Department of Fire and Emergency Services’ (DFES) website. An updated version of the map will be published within six months of its initial release and on an annual basis thereafter.
Properties that are located in designated bush fire prone areas on the map, as highlighted in pink, may require further assessment of the bush fire risk as part of planning and/or building approval processes.
The map is given legislative power by an order made by the FES Commissioner under section 18P of the Fire and Emergency Services Act 1998. The first FES Commissioner order came into effect on 8 December 2015.
Please note: Both planning and building regulations provide a four month transition period from the date of a FES Commissioner order designating a new area as bush fire prone before the additional bush fire planning and building requirements apply. This four month transition period does not apply to existing designated bush fire prone areas. Please refer to the relevant local government for any existing designated bush fire prone areas.
Four month transition period
Under the Building Regulations 2012 there is a four month transition period before the bush fire construction requirements of the BCA are triggered for certain residential buildings. This four month transition period starts from the date that an order designating a new area as bush fire prone by the FES Commissioner comes into operation.
Once the four month transition period ends, applications for building approval for certain residential buildings in those areas, will need to address compliance with the bush fire construction requirements of the BCA.
The four month transition period does not apply if an area was identified prior to 8 December 2015 in any way under a local planning scheme as an area that is subject, or likely to be subject, to bush fires.
Please see Industry Bulletin 58 - Building Amendment Regulations (No. 3) 2015, and Industry Bulletin 59 - Launch of designated bush fire prone area reforms for further information.
Planning for bush fire risk management
The Department of Planning has introduced new bush fire planning reforms for development in designated bush fire prone areas. The new initiatives address more clearly the land use planning elements from the Keelty Report into the Perth Hills bush fire of 2011 by:
- elevating bush fire issues to the highest level of planning policy;
- emphasising the need to consider bush fire management measures in strategic-level policy document, including regional and local planning schemes, sub-regional and local planning strategies and structure plans, as well as during statutory planning processes for subdivision and development applications; and
- seeking the consistent implementation of bush fire management measures across the community.
The new planning measures include the development of:
- new State Planning Policy 3.7: Planning in Bushfire Prone Areas;
- revised Guidelines for Planning for Bushfire Prone Areas; and
- new bush fire planning regulations in the Planning and Development (Local Planning Scheme) Regulations 2015.
Further information about the bush fire planning reforms can be found on the Department of Planning website.
Building requirements for designated bush fire prone areas
The building legislation of Western Australia generally requires all new building work to comply with the BCA. The BCA contains bush fire construction requirements for certain residential buildings in designated bush fire prone areas.
These requirements are not new. The BCA has contained provisions for bush fire construction since the 1990s. The requirements were updated in 2011 to reflect recommendations made by the Victorian Bushfires Royal Commission into the Black Saturday bush fires.
For more information on the requirements for building in designated bush fire prone areas, download a copy of the fact sheet Building in bush fire prone areas.
Alterations and additions in designated bush fire prone areas
During the four month transition period alterations and additions to existing residential buildings will not be required to comply with the bush fire construction requirements of the BCA unless the existing residential building is in an area that was identified in any way under a local planning scheme as being bush fire prone prior to 8 December 2015.
From 8 April 2016 all major alterations and additions to certain residential buildings in designated bush fire prone areas are required to comply with the bush fire construction requirements of the BCA. Consideration is being given to provide a transition period to the application of the bush fire construction requirements to minor alterations and additions. Regulations giving effect to this proposal are expected to be finalised during the four month transition period.
Access to AS 3959 – Construction of buildings in bush fire prone areas
To assist the community with the implementation of the bush fire reforms and to improve access to the Standard, the Building Commission has provided a one-off, hardcopy version of AS 3959 – Construction of buildings in bush fire prone areas (2009) to each local government in Western Australia.
Local governments have been asked to make the document available to view, free of charge, at their office or local library.
Alternatively, AS 3959 may be purchased from SAI Global.
Phone (from Australia): 132 242
Phone (from overseas): +61 2 8206 6010
Email: sales@saiglobal.com
Go to the SAI Global websiteClick here to purchase a copy of AS 3959
Accreditation of BAL assessors and bush fire planning practitioners
A framework for the accreditation and training of Level 1 Bush fire Attack Level (BAL) Assessors has been developed by the State Government.
As a first stage, the framework provides guidelines for organisations who are seeking to become accrediting bodies and provide accreditation schemes for Accredited Level 1 BAL Assessors. During 2015, the framework will be further developed to include two additional (progressive) levels of practitioners, ie Level 2 and Level 3 bush fire planning practitioners.
To find out more about the accreditation framework, including accrediting organisations recognised by the State Government, and details of training courses, please visit the Department of Planning website.
Resources
The following are publications and updates from the Building Commission on bush fire prone areas.
Industry bulletins
The Building Commission has issued the following industry bulletins about the state-wide designation of bush fire prone areas:
- Building Commission Industry Bulletin 58 - Building Amendment Regulations (No. 3) 2015
- Building Commission Industry Bulletin 59 - Launch of designated bush fire prone area reforms
Building in bush fire prone areas - fact sheet
The Building in bush fire prone areas fact sheet provides information on changes to requirements in designated bush fire prone areas.
Building for better protection in bush fire prone areas - booklet
The Building for better protection in bush fire areas publication provides guidance to homeowners who are building or renovating their home in a bush fire prone area. It covers the regulated construction requirements and building standards for new homes and assists those who wish to upgrade their existing homes for better bush fire protection.