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State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Current version for 13 September 2019 to date (accessed 19 September 2019 at 00:23)
5A.29 Development standards for bush fire prone land
(1) This clause applies—(a) to all development specified in clause 5A.2 (1) for this code that is to be carried out on a lot that is wholly or partly bush fire prone land, 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 documents 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) Planning for Bush Fire Protection, Addendum: Appendix 3 (ISBN 0 9751033 2 6), published by the NSW Rural Fire Service in April 2010,(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 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) a reticulated water supply is connected to the lot, and(e) a fire hydrant is located less than 60m from the location on the lot of the proposed development, and(f) mains electricity is connected to the lot, 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 (such as the requirement that metal piping be used), and(h) any gas cylinders on the lot that are within 10m of a dwelling—(i) have their release valves directed away from the dwelling, and(ii) are enclosed on the hazard side of the installation, and(iii) have metal connections to and from the cylinders, and(i) there are no polymer sheathed flexible gas supply lines to gas meters adjacent to any dwelling on the lot or an adjoining lot.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 (1) (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) a person who is recognised by the NSW Rural Fire Service as a suitably qualified consultant in bush fire risk assessment, or(b) 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) to the publication titled Planning for Bush Fire Protection (ISBN 0 9751033 2 6) published by NSW Rural Fire Service in 2006.