Division 1 Specified development and development standards under this code

Subdivision 1 Bed and breakfast accommodation

4A.1   Specified complying development

Bed and breakfast accommodation is development specified for this code if it is:

(a)  carried out on land in a land use zone where bed and breakfast accommodation is a permissible use, and

(b)  not constructed or installed on bush fire prone land.

4A.2   Development standards

The standards specified for that development are that the development must:

(a)  be in an existing dwelling house, and

(b)  consist of not more than 4 guest bedrooms or, if there is a local environmental plan applying to the land that was made under section 33A of the Act, the maximum number of bedrooms specified in clause 5.4 (1) of that plan, and

(c)  have at least 1 guest bathroom, and

(d)  have a fire extinguisher and fire blanket in the kitchen, and

(e)  have at least 1 off-road car parking space per guest bedroom, and

(f)  not display any advertisement on the premises (other than a notice or sign indicating the name and occupation of the resident), and

(g)  if the dwelling house is subject to the Strata Schemes Management Act 1996 or the Community Land Management Act 1989—have the prior approval of the owners corporation, or the community, precinct or neighbourhood association.

Note. The use of a dwelling as bed and breakfast accommodation will result in a change of building class for the dwelling under the Building Code of Australia. There will be new fire safety and access requirements.

Subdivision 2 Fire sprinkler systems in residential care facilities for seniors

4A.3   Specified complying development

The following development is specified for this code:

(a)  the installation or extension of a fire sprinkler system in a residential care facility for seniors (within the meaning of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004),

(b)  the internal or external alteration of, or addition to, an existing building to enable the installation of a fire sprinkler system in a residential care facility for seniors,

(c)  the construction or installation of a pump house.

4A.4   Development standards—general

The standards specified for that development are that:

(a)  the current use of the premises must be a lawful use, and

(b)  if the building in which the fire sprinkler system is to be installed is subject to an alternative solution relating to a fire safety requirement, the development must be consistent with that alternative solution, and

(c)  the development must not reduce the level of fire safety or structural integrity provided by an existing building, and

(d)  the development must not alter or extend an existing fire sprinkler system if the level of fire hazard arising from the current use of the building exceeds the level of fire hazard for which the fire sprinkler system was designed and installed, and

(e)  the development must not contravene any condition of an existing development consent that applies to the land relating to vehicle access and loading facilities or result in the reduction of any car parking on the land by more than 2 car spaces, and

(f)  the development must not:

(i)  result in a change of classification of the building under the Act or the Building Code of Australia, or

(ii)  result in an increase in the gross floor area of any existing residential accommodation, or

(iii)  affect any existing fire resisting components of any building, or

(iv)  affect the means of egress from the building in an emergency, and

(g)  any excavation must not:

(i)  be greater than 3 metres below ground level (existing) or be less than 1.5 metres from any lot boundary (unless it is for the purposes of connecting the system to a water main on an adjoining street), or

(ii)  cause damage to any adjoining buildings or structures on the lot or to any building or structure on any adjoining lot, or

(iii)  redirect the flow of surface water onto adjoining property, and

(h)  all stormwater drainage collecting as a result of the development must be conveyed by a gravity fed or charged system to:

(i)  a public drainage system, or

(ii)  an inter-allotment drainage system, or

(iii)  an on-site disposal system, and

(i)  all stormwater drainage systems within a lot and the connection to a public or an inter-allotment drainage system must:

(i)  if an approval is required under section 68 of the Local Government Act 1993, be approved under that Act, or

(ii)  if an approval is not required under section 68 of the Local Government Act 1993, comply with any requirements for the disposal of stormwater drainage contained in a development control plan that is applicable to the land.

4A.5   Development standards—water storage tanks

The development standards applying to the installation of a new water storage tank or an extension to an existing water storage tank for the purposes of the installation or extension of a fire sprinkler system are that:

(a)  the tank, or the extended existing tank, is to have a capacity of no more than 100,000 litres, and

(b)  if the tank is to be located within a building, the tank must not increase floor area of a room, and

(c)  if the tank is to be located outside a building, it must:

(i)  be located behind the building line of the primary public road frontage (the front of the building), unless the tank is to be located below ground level, and

(ii)  be located at least 3 metres from any other public road frontage, and

(iii)  have a diameter or width of not more than 6 metres, and

(iv)  have a height of not more than 5 metres above ground level (existing), and

(v)  for any tank up to 3 metres in height, have a setback of at least 900 millimetres from any side or rear boundary, and

(vi)  for any tank 3 metres in height or greater, have a setback of at least 3 metres from any side or rear boundary, and

(d)  if the tank is to be located on the roof of a building, it must:

(i)  on a flat roof, be not more than 3 metres above the roof level and be located at least 3.5 metres from the parapet edge of the building, or

(ii)  on a pitched roof, be not more than 1 metre above the ridge level of the roof of the building.

4A.6   Development standards—external pump houses and fixed-on-site fire pump sets

The development standards applying to the installation of a new external pump house or enclosure to accommodate a fixed-on-site fire pump set and associated pipe work and equipment for the purposes of the installation or extension of a fire sprinkler system are that:

(a)  the wall of any pump house or any enclosure of a pump set is to be of a non-combustible material, unless otherwise required by the Building Code of Australia, and

(b)  the wall of any pump house or any enclosure of a pump set must have an external wall finish that is the same colour palette as the existing premises so that the pump room or enclosure is in keeping with the existing premises, and

(c)  any development comprising the construction of an attached pump house or enclosure to accommodate a fire sprinkler system pump must not increase the floor area of an existing building by more than 20 square metres, and

(d)  if the pump house or enclosure is to be located outside a building, it must:

(i)  be located behind the building line of the primary public road frontage (the front of the building), unless the pump house or enclosure is to be located below ground level, and

(ii)  be located at least 3 metres from any other public road frontage, and

(iii)  have a height of not more than 3 metres above ground level (existing), and

(iv)  have a setback of at least 900 millimetres from any side or rear boundary, and

(e)  if the pump house or enclosure is to be located on the roof of a building, it must:

(i)  on a flat roof—be not more than 3 metres above the roof level and be located at least 3.5 metres from the parapet edge of the building, or

(ii)  on a pitched roof—be not more than 1 metre above the ridge level of the roof of the building, and

(f)  any pump house or enclosure must be sound proofed to ensure that the house or enclosure does not emit noise exceeding an LAeq of 5 dB(A) above background noise when measured at any lot boundary.

4A.7   Development standards—fire mains and pipes and booster connections

(1)  The development standards applying to the installation of a new or replacement fire main or pipe and the connection to the water supply for the purposes of the installation or extension of a fire sprinkler system are that:

(a)  all pipework is to be located within the building or located underground, other than the part of the pipe or main within a horizontal distance of:

(i)  2 metres of an above ground fire sprinkler system booster connection used by Fire and Rescue NSW, and

(ii)  2 metres of the point at which the pipework enters the building, and

(b)  a fire brigade booster connection, if it is not attached to the building, must not:

(i)  have a height of more than 1.5 metres above ground level (existing), or

(ii)  cover an area of more than 6 square metres.

(2)  Despite subclause (1) (a) (ii), in relation to a building within a heritage conservation area or draft heritage conservation area, all such pipework is to be located within the building, underground or attached to the side or rear of the building.