Legislative Council, Thursday 21 November 2024

Ms FORREST question to LEADER of the GOVERNMENT in the LEGISLATIVE COUNCIL, Mrs HISCUTT

With regard to the construction of personal bush fire shelters, and the National Construction Code (Volume 2 Section A5G3 (1)) providing, in part, that ‘evidence to support that the use of a material, product, form of construction or design meets a Performance Requirement …. may be in the form of any one or any combination of the following…(b) a current Certificate of Accreditation’:

(1) What evidence is required by the Director of Building Control to show that a private bushfire shelter which has a current Certificate of Accreditation, meets the performance requirements of the National Construction Code?

(2) (a) Does the Director require evidence additional to a Certificate of Accreditation; and

(b) if so, what is the legal basis of this requirement?

GOVERNMENT RESPONSE

1) The Director of Building Control does not require evidence that a private bushfire shelter, which has a current Certificate of Accreditation, meets the performance requirements of the National Construction Code (NCC). The Director of Building Control does not have a decision-making function in matters of this nature. Decisions on whether a private bushfire shelter with a Certificate of Accreditation can be built in a particular location and will perform to the performance requirements of the National Construction Code are made by the engaged building surveyor and permit authority (local council).

2) As advised under 1), the Director of Building Control does not have a decision-making function in relation to this matter.

Due to there being no ‘Deemed to Satisfy’ provisions in the NCC for private bushfire shelters, the installation of these structures requires a performance solution report which must address Part H7 of the NCC, which may include the use of a Certificate of Accreditation. However, the Certificate of Accreditation may only address the physical form of the structure. Other performance requirements, for example, distances from adjoining structures, vegetation or land, need to be addressed by the fire engineer designing the performance solution at the acceptance of the engaged building surveyor.

The building surveyor engaged to review documentation submitted as part of an application for a Certificate of Likely Compliance may request additional information to support the performance solution report. There are no Tasmanian variations to Part H7 of the NCC.

Victoria is currently the only Australian jurisdiction that has accredited a private bushfire shelter. A similar approach to accreditation as Victoria is possible in Tasmania as the Building Act 2016 (the Act), section 18, allows the Director of Building Control to accredit “a building, or plumbing, product for the purposes of the Act”.

In Victoria, accrediting a private bushfire shelter does not eliminate or replace the performance solution pathway. However, using an accredited product can meet the evidence requirements of a performance solution without needing a detailed engineering analysis of the structure itself. Other considerations would still be required to be considered during the performance solution process.

There are no private bushfire shelters in Tasmania currently that have been accredited by the Director of Building Control. Accreditation from another jurisdiction may still be used as part of the performance solution within Tasmania.