NSW Approach to Planning & Building in Bush Fire Prone Areas

Lew ShortGroup Manager Community ResilienceNSW Rural Fire Service

Modern Constraints to Bush Fire Management

• Huge urban interface

• Past planning decisions

• Bush fire mitigation increasingly reliant on volunteers

• Need to recognise land management objectives

• Absolute need to protect fire fighters

• Abdication of landholder responsibilities

Bush Fire Management

S. 52 Ops & Risk Plans

Env Assessment Code

Complaints

Engagement

Development Assessment &

Planning

Coordinated Fire Fighting

Bush Fire Prone Mapping

Part 3A

s. 100B

s. 79BA

APZ

Construction and Design

Access

Water

Emergency Management Arrangements

Landscaping

REFs

Streamlined assessment for

HR's

s. 66

s. 74

Hotspots

Web based info

Public Liaison

Community Liaison

BFCC

BFMC

Response

s. 44's

Hazrd reduction & Management

BPM’s in combination

Area burnt (hectares)

Residential Homes Lost

Fires in the NSW Landscape

1993/4 1997/8 2001/2 2002/3 2003/4

2004/5

2005/6 2007/08

2008/09

800,000

500,000

754,000

1,465,000

57,600

16,309

151,412

86,000 366,159

93/94 97/98 01/02 02/03 03/04 04/05

05/06 06/07

08/09

206 10 121 86 5 1 13 2 24

Leveraging Advantage for Fire fighting • Pro-actively addressing known problems at the planning and

building stages of development.• Water• Access• Separation• Landscaping

• Improving the capacity of our community for self reliance – active passive firefighting

• Giving fire fighters increased ability to defend life and property• Passive protection• Built into the fabric of our landscape

In 2002 NSW Government & RFS introduced and implemented sweeping legislative change to mitigate the impact of bush fires on the community

• Primary role in providing protection to life, property and the environment from bush fires

• Legislative controls – Aug 2002• Improving the capacity of our

community for self reliance – move from active to passive fire fighting.

• In NSW there are:– 1.2 million bush fire prone properties;– 300,000km of urban/bushland interface;– 20 million Ha of bush fire prone land

Aim and Objectives of PBP

To provide for the protection of human life (including firefighters) and to minimise impacts on property from the threat of bush fire, while having due regard to development potential, on-site amenity and protection of the environment.

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Planning and Building• At the Zoning/ Planning Stage

– Local Plans: ensure new zonings and land-uses take account of bushfire protection issues up front

• At the Sub-division– Clear integration of bushfire issues into planning

legislation– Ensure adequate setbacks, access, water supplies

• At the Building Stage– Often existing pattern of development– Ensure building materials meet applicable building

standards– Outcome focussed but must not increase risk, potential

for engineered solutions

Role of RFS in the DA process• Assess DA’s on bush fire prone land referred from Council against

the requirements of Planning for Bush Fire Protection 2006.

• 79BA of the EP&A Act Advice to Council.

• 100B of the RF Act Bush Fire Safety Authority to Council.

• Provide comments regarding:– LEP & DCP– Masterplans– Major Projects / State Significant– SEPP Infrastructure– Nation Building & Jobs Plan

Bush Fire Prone Land Mapping

• Section 146 of the EP&A Act 1979 - Councils to map bush fire prone land.

• Amendments can be made anytime. • Development on “BF Prone Land” must

consider PBP• Trigger mechanism

• Section 91A of EP&A Act

• BFSA s.100B Rural Fires Act 1997 for residential subdivision or special fire protection purpose developments on bush fire prone land.

• Referral to RFS Headquarters for the issue of a Bush Fire Safety Authority

• Ensures that bush fire is accounted for early in the development process – the aim is to meet acceptable solutions

Integrated Development

• ensure that the bush fire risk to adjoining lands is not increased.

• provide a minimum defendable space.• provide better bush fire outcomes• ensure the footprint of the proposed building

does not extend beyond the existing building lines.

• not result in an increased bush fire management and maintenance responsibility on adjoining land owners.

• ensure building design and construction enhance the chances of occupant and building survival.

Specific Objectives for s.79BA

Bush Fire Protection Measures in Combination

Appropriate combinations

1.Geographic location;

2.Site circumstances; and

3.Nature of the proposed use.

Residential and rural-residential subdivision

Special Fire Protection Purposes

Other “development” (including “infill”).

PBP, BCA and AS3959 – What’s the Relationship?

• The BCA is a performance based code that contains both performance requirements and deemed-to-satisfy provisions.

• PBP is written along the same lines of the BCA whereby it has both performance requirements and deemed-to-satisfy / acceptable solutions.

• The BCA nominates PBP as the NSW variation and requires compliance with this document and AS3959 for development on designated bush fire prone land.

• AS3959 is accepted by PBP as the deemed-to-satisfy construction standard for buildings in designated bush fire prone areas.

• Submissions proposing variations to acceptable solutions must provide substantiated evidence that the specific objectives and performance criteria can be met.

• Case by case assessment based on the merits of the proposal.

Compliance with the Performance Criteria of PBP

1. 29 kWm2 – Res. subdivision• Building integrity

2. 10 kWm2 – SFPP• Life safety

3. Tanker access

Key base-line positions

Performance is not…

Planning for Bush Fire Protection – Site Assessment

• Specific FDI’s across the State to reflect local variations

• APZ’s based on specific calculations

• Exceptional circumstances identified for APZs

• Vegetation classes based on Keith, Ocean Shores to Desert Dunes

Flame Zone Developments

• The distance from a bush fire at which there is significant potential for sustained flame contact to a building. Determined by the calculated distance at which the radiant heat of the design fire exceeds 29kW/m2 or calculated by the sustained flame length, whichever is the lesser.

• No acceptable solution for flame zone applications – performance based

• Responsibility of Council or appointed Private Certifying Authority.

• RFS is a regulatory authority and can only provide general advice on how to achieve compliance with conditions of consent.

• The RFS are not certifiers and cannot sign off on conditions of consent.

• If the Builder/Developer is unable to determine compliance of a material with conditions of consent seek confirmation from manufacturer via a product safety data sheet.

• RFS Conditions are constantly reviewed to remove ambiguity.

Compliance with Conditions of Consent

Role of the RFS in DA process• Assess any DA’s on bush fire prone land referred from Council

against the requirements of Planning for Bush Fire Protection.• Under 79BA of the EP&A Act to make recommendations to

Council. • Under s.100B of the Rural Fires Act 1997 issue a Bush Fire Safety

Authority to Council. • Provide comments regarding LEP, DCP, Part 3A, State Significant

and Master Plans as part of the consultation process.• Provide training to Stakeholders regarding PBP and its

implications for proposed developments on Bush Fire Prone Land. • RFS plays a regulatory role in the planning process. • THE RFS ARE NOT CERTIFIERS!

Thank You

Lew.short@rfs.nsw.gov.auLew Short lewshort14