Construction on Bushfire Prone land rated as Flame Zone within NSW by Heath McNab

The following is a guide to potential pitfalls when constructing a new dwelling or undertaking alterations and additions to an existing dwelling on land that is Bushfire Prone and rated as Flame Zone within NSW. This information is a guide only and shall not be relied upon. Please consult your Bushfire Consultant or local Council for advice specific to your situation.


If your land is within NSW, and has been identified as being Bushfire Prone Land and assessed and rated as Flame Zone, the highest possible threat, then please read on.


Within NSW the Environmental Planning & Assessment Act 1979 (referred to as EP&A), Section 79BA, requires that the Consent Authority (or Council) be satisfied that the development conforms to the specifications and requirements within Planning for Bushfire Protection. Or if the development does not conform, that the Council consult with the NSW Rural Fire Service (referred to as RFS) concerning measures to be taken with respect to the development to protect persons, property and the environment from danger that may arise from a bushfire.


Within the Building Code of Australia (referred to as BCA) Part 3.7.4, calls upon construction manual Australian Standard AS3959-2009 (referred to AS3959). Within NSW buildings constructed in accordance with AS3959 except for Section 9: Bushfire Attack Level-Flame Zone (referred to as BAL-FZ), satisfy the BCA. Within NSW if land that is Bushfire Prone has been rated as BAL-FZ then buildings must comply with specific conditions of development consent for construction at this level.


Therefore the most important document to consider when your land is bushfire prone land and is rated as BAL-FZ is the Development Consent issued by the Consent Authority (Council). Within this document will be the construction requirements for buildings proposed on your land rated as Flame Zone. These requirements are determined by the NSW Rural Fire Service whom your local Council would have referred your application to upon lodgment.

Generally the Development Consent will require compliance with a modified Section 9 of AS3959 via the following standard condition:
        
        New construction shall comply with Australian Standard AS3959-2009 "Construction of 
        buildings in bushfire prone areas" Section 9. 
        However, any material, element of construction or system when tested to the method 
        described in Australian Standard AS1530.8.2: "Tests on elements of construction for 
        buildings exposed to simulated bushfire attached - Large flaming sources" shall comply 
        with Clause 13.8 of that Standard except that flaming of the specimen is not permitted.

This condition, which was authored by the RFS, in the RFS's opinion prohibits there from being any exposed timber to the elevation of a site deemed required to comply with this condition. 


If a material, element of construction or system that you intend to use or install incorporates exposed timber of any variety and that material, element of construction or system can provide a testing certificate that states compliance with AS1530.8.2 has been achieved, disregard that testing certificate. 


Within NSW if your Development Consent is subject to the above condition as a result of your land being rated as BAL-FZ then no exposed timber is permitted regardless of the material, element of construction or system achieving compliance with AS1530.8.2.