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State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Current version for 25 October 2019 to date (accessed 16 December 2019 at 10:53)
3A.37 Development standards for bush fire prone land
(1) This clause applies—(a) to all development specified for this code that is carried out on a lot that is wholly or partly bush fire prone land (other than development that is the erection of non-habitable ancillary development that is more than 10m from any dwelling house, landscaping, a non-combustible fence or a swimming pool), and(b) in addition to all other development standards specified for this code.(2) The development may be carried out on the lot only if—(a) the development conforms to the specifications and requirements of the following that are relevant to the development—(i) Planning for Bush Fire Protection (ISBN 0 9751033 2 6) published by the NSW Rural Fire Service in December 2006,(ii) Addendum: Appendix 3 (ISBN 0 9751033 2 6, published by NSW Rural Fire Service in 2010) to Planning for Bush Fire Protection (ISBN 0 9751033 2 6),(iii) if another document is prescribed by the regulations for the purposes of section 4.14 of the Environmental Planning and Assessment Act 1979—that document, and(b) the part of the lot on which the development is to be carried out and any associated access way is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ), and(c) the lot has direct access to a public road or a road vested in or maintained by the council, and(d) the development is located within 200m of that road, and(e) there is sufficient access designed in accordance with the acceptable solutions identified in clause 4.1.3(2) of Planning for Bush Fire Protection (ISBN 0 9751033 2 6) published by the NSW Rural Fire Service in December 2006, and(f) a reticulated water supply is connected to the lot, or a water supply with a 65mm metal Storz outlet with a gate or ball valve is provided for fire fighting purposes on the lot (the gate or ball valve, pipes and tank penetrations are to be designed to allow for a full 50mm inner diameter water flow through the Storz fitting and must be of a metal construction), and(fa) the size of the non-reticulated water supply mentioned in paragraph (f) is—(i) for a lot with an area no greater than 10,000m2—10,000L, and(ii) for a lot with an area greater than 10,000m2—20,000L, and(g) reticulated or bottled gas on the lot is installed and maintained in accordance with AS/NZS 1596:2008, The storage and handling of LP Gas and the requirements of relevant authorities (metal piping must be used), and(g) all fixed gas cylinders on the lot are located at least 10m from flammable materials and are enclosed on the hazard side of the installation, and(h) any gas cylinders on the lot that are within 10m of a dwelling house—(i) have the release valves directed away from the dwelling house, and(ii) have metal connections to and from the cylinders, and(i) there are no polymer sheathed flexible gas supply lines to gas meters adjacent to the dwelling.Note.The requirements of AS 3959—2009, Construction of buildings in bushfire-prone areas set out in the Building Code of Australia also apply.(3) A standard specified in subclause (2)(b) is satisfied if one of the following certifies that the development is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ)—(a) (Repealed)(b) a person who is recognised by the NSW Rural Fire Service as a suitably qualified consultant in bush fire risk assessment, or(c) the council.Note.More information about the categories of bush fire attack, including the flame zone, can be found in Table A3.4.2 of Addendum: Appendix 3 (ISBN 0 9751033 2 6 and published by NSW Rural Fire Service in 2010) to the publication titled Planning for Bush Fire Protection (ISBN 0 9751033 2 6) published by NSW Rural Fire Service in 2006.