Part H7 Ancillary provisions and additional construction requirements
Introduction to this Part
This Part contains requirements which operate alongside the requirements of other Parts of NCC Volume Two, to address specific types of ancillary structures such as swimming pools, heating appliances and fireplaces, and private bushfire shelters. This Part also includes additional requirements for construction in alpine areas and designated bushfire prone areas.
Objectives
H7O1
Objective
2019: O2.7
The Objective is to—
- safeguard young children from drowning or injury in a swimming pool; and
- safeguard people from drowning or injury due to suction by a swimming pool water recirculation system; and
- safeguard the occupants from illness or injury caused by fire from heating appliances installed within the building; and
- safeguard the occupants from illness or injury in alpine areas from an emergency while evacuating the building; and
- protect a building from the effects of a bushfire; and
- reduce the likelihood of fatalities arising from occupants of a Class 1a dwelling not evacuating a property prior to exposure from a bushfire event.
Applications
- H7O1(a) and (b) only apply to a swimming pool with a depth of water more than 300 mm.
- H7O1(f) only applies to a Class 10c building.
Functional Statements
H7F1
Swimming pool access
2019: F2.7.1
A swimming pool is to be provided with—
- means to restrict access to it by young children; and
- means to reduce the possibility of a person being entrapped or injured due to suction by a water recirculation system.
Applications
H7F1 only applies to a swimming pool with a depth of water more than 300 mm.
H7F2
Heating appliances
2019: F2.7.2
A heating appliance using controlled combustion located in a building is to be installed in a way which reduces the likelihood of—
- fire spreading beyond the appliance; and
- smoke from the appliance entering the building.
H7F3
Alpine areas
2019: F2.7.3
A building in an alpine area is to be provided with additional measures in view of the increased difficulties in fighting fire and maintaining access and means of egress in snow conditions.
H7F4
Bushfire areas
2019: F2.7.4
A Class 1 building or a Class 10a building or deck associated with a Class 1 building constructed in a designated bushfire prone area is to provide resistance to bushfires in order to reduce the danger to life and reduce the risk of the loss of the building.
H7F5
Private bushfire shelters
2019: F2.7.5
A structure designed for emergency occupation during a bushfire event must provide shelter to occupants from direct and indirect actions of a bushfire.
Applications
H7F5 only applies to a Class 10c building.
Performance Requirements
H7P1
Swimming pool access
2019: P2.7.1
A barrier must be provided to a swimming pool and must—
- be continuous for the full extent of the hazard; and
- be of a strength and rigidity to withstand the foreseeable impact of people; and
- restrict the access of young children to the pool and the immediate pool surrounds; and
- have any gates and doors fitted with latching devices not readily operated by young children, and constructed to automatically close and latch.
Applications
H7P1 only applies to a swimming pool with a depth of water more than 300 mm, in conjunction with the Swimming Pools Act 1992 and the Swimming Pools Regulation 2018.
- be continuous for the full extent of the hazard; and
- be of a strength and rigidity to withstand the foreseeable impact of people; and
- restrict the access of young children to the pool and the immediate pool surrounds; and
- have any gates and doors fitted with latching devices not readily operated by young children, and constructed to automatically close and latch.
SA H7P1 Swimming pool access2019: P2.7.1
Applications
H7P1 only applies to a swimming pool with a depth of water more than 300 mm.
H7P2
Swimming pool reticulation systems
2019: P2.7.2
Applications
TAS H7P2(1) only applies to a swimming pool with a depth of water more than 300 mm.
Limitations
TAS H7P2(2) does not apply to a swimming pool associated with a Class 1 building if the depth of water is less than 300 mm and the volume of the pool does not exceed 15 m3.
A swimming pool water recirculation system must incorporate safety measures to avoid entrapment of, or injury to, a person.
Applications
H7P2 only applies to a swimming pool with a depth of water more than 300 mm.
H7P3
Heating appliances
2019: P2.7.3
A heating appliance and its associated components within a building, including an open fire-place, chimney, or the like, must be installed—
- to withstand the temperatures likely to be generated by the appliance; and
- so that it does not raise the temperature of any building element to a level that would adversely affect the element’s physical or mechanical properties or function; and
- so that hot products of combustion will not—
- escape through the walls of the associated components; and
- discharge in a position that will cause fire to spread to nearby combustible materials or allow smoke to penetrate through nearby windows, ventilation inlets, or the like in the building containing the heating appliance; and
- in the case of solid-fuel burning appliances, be discharged above appropriate emission limits.
A heating appliance and its associated components within a building, including an open fire-place, chimney, or the like, must be installed—
- to withstand the temperatures likely to be generated by the appliance; and
- so that it does not raise the temperature of any building element to a level that would adversely affect the element’s physical or mechanical properties or function; and
- so that hot products of combustion will not—
- escape through the walls of the associated components; and
- discharge in a position that will cause fire to spread to nearby combustible materials or allow smoke to penetrate through nearby windows, ventilation inlets, or the like in the building containing the heating appliance.
Explanatory information
H7P3 is not intended to apply to inserted fireplaces fuelled by gas. Insert gas fireplaces may be regulated by relevant authorities responsible for gas installations in each State or Territory jurisdiction and may be required to comply with AS/NZS 5601 – Gas installations.
H7P4
Buildings in alpine areas
2019: 2.7.4
- obstruct a means of egress from any building to a road or open space; or
- otherwise endanger people.
H7P5
Buildings in bushfire prone areas
2019: P2.7.5
A Class 1 building or a Class 10a building or deck associated with a Class 1 building that is constructed in a designated bushfire prone area must, to the degree necessary, be—
- designed and constructed to reduce the risk of ignition from a bushfire, appropriate to the—
- potential for ignition caused by burning embers, radiant heat or flame generated by a bushfire; and
- intensity of the bushfire attack on the building; and
- provided with vehicular access to the site to assist fire fighting and emergency personnel defend the building or evacuate occupants; and
- provided with access at all times to a sufficient supply of water for fire fighting purposes on the site.
Notes
For additional requirements relating to bushfire prone areas, refer to the Director’s Determinations on Bushfire Hazard Areas – current versions available at www.cbos.tas.gov.au
A Class 1 building or a Class 10a building or deck associated with a Class 1 building that is constructed in a designated bushfire prone area must be designed and constructed to—
- reduce the risk of ignition from a design bushfire with an annual exceedance probability not more than 1:50 years; and
- take account of the assessed duration and intensity of the fire actions of the design bushfire; and
- be designed to prevent internal ignition of the building and its contents; and
- maintain the structural integrity of the building for the duration of the design bushfire.
H7P6
Private bushfire shelters
2019: P2.7.6
A private bushfire shelter must be designed and constructed to provide a tenable environment for occupants during a design bushfire with an annual probability of exceedance not more than 1:200 years, appropriate to the—
- location of the private bushfire shelter relative to fire hazards including—
- predominant vegetation; and
- adjacent buildings and structures; and
- allotment boundaries; and
- other combustible materials; and
- occupancy of the private bushfire shelter; and
- bushfire intensity having regard for the bushfire attack level; and
- fire intensity from adjacent buildings and structures, allotment boundaries and other combustible materials; and
- ready access to the private bushfire shelter from the associated dwelling and occupant egress after the fire; and
- tenability within the private bushfire shelter for the estimated maximum period of occupancy; and
- generation of smoke, heat and toxic gases from materials used to construct the private bushfire shelter; and
- structural and fire loads and actions to which it may reasonably be subjected, appropriate to—
- the topography between the private bushfire shelter and the predominant vegetation or other fire hazards; and
- the distance between the private bushfire shelter and the predominant vegetation or other fire hazards; and
- the size of the potential fire source and fire intensity; and
- wind loading; and
- potential impact from debris such as falling tree limbs; and
- degree of external signage identifying the location of the private bushfire shelter; and
- degree of internal signage identifying the design capacity and maximum period of occupancy; and
- degree of occupant awareness of outside environmental conditions; and
- degree of essential maintenance.
Applications
H7P6 only applies to a Class 10c building.
Notes
NCC Volume Two and the ABCB Housing Provisions do not contain any Deemed-to-Satisfy Provisions for H7P6, however the ABCB Performance Standard for Private Bushfire Shelters contains guidance for H7P6.
Verification Methods
H7V1
Combustion appliances
2019: V2.7.1
Compliance with H7P3(a) and (b) is verified when—
- components used within an appliance and its installation are constructed from—
- heat-resistant materials for maximum operating temperatures more than 600℃, where the material complies with (c); or
- heat-tolerant materials for maximum operating temperatures more than 150℃ and less than 600℃, where the material complies with (c); and
- the building elements surrounding the appliance maintain their designed function and material properties inclusive of a full range of thermal movements when exposed to the heat effects of the appliance; and
- a sample of the material is tested to the maximum operating temperature, specified in (a)(i) or (a)(ii) for a minimum of 96 hours; and
- the tested sample, when allowed to cool, must be free from—
- visible cracks and fractures; and
- visible indication of de-lamination; and
- linear distortion in excess of the equivalent of 10 mm per metre, and
- deterioration of the appearance of any surface finish, when compared to an unheated sample.
Explanatory information
Under H7V1, it needs to be demonstrated that the proposed appliance will not deteriorate under standard operating conditions. Examples of deterioration may include deformation or failure of components that would render the appliance unsafe to use.
For the purposes of demonstrating compliance with (a), the typical operating temperature of a combustion device can be established by testing.
For the purposes of demonstrating compliance with (b), materials used for building elements (walls, floors and ceiling) in the areas surrounding an appliance can be appropriately selected and/or designed to align with the quantified values as determined by (a). This could either be achieved by using Expert Judgement or by adhering to manufacturer's specifications. Certification in accordance with CodeMark Australia would also be a possibility in demonstrating compliance using the Verification Method.
Full range of thermal movements relates to both the appliance and materials when exposed to both the heated and ambient conditions.
Benefits to industry derived from the application of this Verification Method includes the potential use of non-standard national or internationally manufactured appliances. For example, test reports from appliances complying with various ISO Standards and various British Standards could be used to demonstrate compliance with the Verification Method. The Verification Method also allows for in situ testing of unique combustion appliances, which would not easily be tested in accordance with the Australian Standard. Such testing would need to be verified by a suitably qualified practitioner and be supported by appropriate documentation.
H7V2
Buildings in bushfire prone areas
2019: V2.7.2
- assigning the building or structure an Importance Level in accordance with (3); and
- determining the corresponding annual probability of exceedance in accordance with Table H7V2.
- Importance Level 1 — where the building or structure presents a low degree of hazard to life and other property in the case of failure.
- Importance Level 2 — where the building or structure is not of Importance Level 1 or 4 and is a Class 1a or 1b building accommodating 12 people or less.
- Importance Level 4 — where the building is a Class 10c building and is subject to a necessary ‘defend in place’ strategy.
- An event tree analysis of relevant bushfire scenarios.
- Design bushfire conditions that include combinations of the following actions appropriate to the distance between the building and the bushfire hazard:
- Direct attack from airborne burning embers.
- Burning debris and accumulated embers adjacent to a building element.
- Radiant heat from a bushfire front.
- Direct flame attack from a bushfire front.
- fire weather; and
- vegetation, including fuel load, burning behaviour of vegetation (including the potential for crown fires); and
- the distance of the building from vegetation; and
- topography, including slopes and features that may shield; and
- ignition of adjacent buildings, building elements, plants, mulch and other materials; and
- effective size of fire front; and
- duration of exposure; and
- flame height; and
- flame tilt; and
- flame adhesion to sloping land; and
- the height of the building and its elements.
- the probability of non-complying construction of critical aspects of an approved design; and
- the probability of critical aspects of an approved design being fully functional during the life of the building; and
- inclusion of safety factors; and
- sensitivity analysis of critical aspects of a proposed design.
Importance Level | Complex analysis APE for bushfire exposure | Simple analysis APE for weather conditions (design bushfire) |
---|---|---|
1 | No requirement | No requirement |
2 | 1:500 | 1:50 |
3 | N/A for Class 1 and 10 buildings | N/A for Class 1 and 10 buildings |
4 | 1:2000 | 1:200 |
Table Notes
Complex analysis must consider the probability of ignition, fire spread to the urban interface and penetration of the urban interface coincident with fire weather conditions.
Explanatory information
NCC Volume Two does not apply to buildings that are Importance Level 3, therefore this Importance Level is not included under (3).
Deemed-to-Satisfy Provisions
H7D1
Deemed-to-Satisfy provisions
New for 2022
Notes
There are no Deemed-to-Satisfy Provisions for H7P6.
H7D2
Swimming pools
2019: 3.10.1
- AS 1926.1 and AS 1926.2; or
- if the swimming pool is a spa pool—
- the requirements of (1)(a); or
- clause 9 of the Swimming Pools Regulation 2018.
Applications
NSW H7D2(1) applies in New South Wales to the technical construction requirements for barriers to restrict access to swimming pools, subject to—
- out-of-ground pool walls and the walls of above ground pools, including inflatable pools, not being considered to be effective barriers; and
- the reference in clause 2.3.1 of AS 1926.1 to a barrier within a property including a boundary barrier.
Notes
The Swimming Pools Act 1992 and the Swimming Pool Regulation 2018, applicable to swimming pools with a depth of water of more than 300 mm, regulate the circumstances in which a barrier is required and prevail in the case of any inconsistency.
Explanatory information
Definition of ‘swimming pool’
The NCC definition of swimming pools is specific in including a bathing or wading pool and a spa. The requirements of AS 1926.3 apply to all types of pools defined as swimming pools under the NCC, irrespective of the definition in the Standard.
Explanatory information
Water recirculation systems
The swimming pool water recirculation system requirements seek to minimise the risk of entrapment or injury of people using the swimming pool and provide for the safe operation of skimmer boxes and outlet systems.
Explanatory information
Additional requirements
In addition to the requirements of this Part, a swimming pool must comply with the structural requirements of other Parts of NCC Volume Two and the ABCB Housing Provisions. The structural requirements refer to the swimming pool being designed and constructed to withstand any combinations of loads and other actions to which it may reasonably be subjected and the structural resistance of the materials and forms of construction used in the swimming pool.
Explanatory information
Cross-volume considerations
Part C2 of NCC Volume Three sets out the requirements for pumped discharge from swimming pools.
QLD H7D2 Swimming pools2019: 3.10.1
Restriction of access to swimming pools in Queensland is regulated under the Building Act 1975.
NT H7D2 Swimming pools2019: 3.10.1
Restriction of access to swimming pools in the Northern Territory is regulated under the Swimming Pool Safety Act.
TAS H7D2 Swimming pools2019: 3.10.1
- complies with AS 1926.3; and
- provides—
- the inlet and outlet openings for the purpose of water recirculation to be so located that water movement is continuous from inlet to outlet; and
- the recirculation of water to be so designed that the pool contents are recirculated not less than once—
- in 6 hours for an outdoor swimming pool; or
- in 4 hours for an indoor swimming pool; and
- the water filtration rates to not exceed 12,250 L/m2 of sand filter bed per hour, or an equivalent rate in other filter media.
SA H7D2 Swimming pools2019: 3.10.1
SA H7D2 Swimming pools2019: 3.10.1
SA H7D2 Swimming pools2019: 3.10.1
- be attached to the safety barrier of the swimming pool or be displayed near the swimming pool; and
- be at least 300 mm by 300 mm in size; and
- be made of durable and weatherproof material; and
- show information about the procedures for providing first aid, including performing cardiopulmonary resuscitation.
Explanatory information: Definition of ‘swimming pool’
The NCC definition of swimming pool is specific in including a bathing or wading pool and a spa. The requirements of AS 1926.3 apply to all types of pools defined as swimming pools under the NCC, irrespective of the definition in the Standard.
Explanatory information: Water recirculation systems
The swimming pool water recirculation system requirements seek to minimise the risk of entrapment or injury of people using the swimming pool and provide for the safe operation of skimmer boxes and outlet systems.
Explanatory information: Additional requirements
Part 13.7 of the ABCB Housing Provisions contains requirements for swimming pool and spa pool heating and pumping. In specific circumstances, Part 13.7 requires a swimming pool or spa pool to have a cover to reduce evaporation and subsequent heat loss, and time switches to control the operation of the heater.
In addition to the requirements of this Part, a swimming pool must comply with the structural requirements of other Parts of NCC Volume Two and the ABCB Housing Provisions. The structural requirements refer to the swimming pool being designed and constructed to withstand any combinations of loads and other actions to which it may reasonably be subjected and the structural resistance of the materials and forms of construction used in the swimming pool.
Explanatory information: Cross-volume considerations
Part C2 of NCC Volume Three sets out the requirements for pumped discharge from swimming pools.
H7D3
Construction in alpine areas
2019: 3.10.4
H7D4
Construction in bushfire prone areas
2019: 3.10.5
- AS 3959 except—
- as amended by Planning for Bush Fire Protection; and
- for Section 9 Construction requirements for Bushfire Attack Level FZ (BAL-FZ); or
- NASH Standard – Steel Framed Construction in Bushfire Areas except—
- as amended by Planning for Bush Fire Protection; and
- for buildings subject to Bushfire Attack Level FZ (BAL-FZ); or
- (a) or (b) as modified by development consent following consultation with the NSW Rural Fire Service under section 4.14 of the Environmental Planning and Assessment Act 1979 if required; or
- (a) or (b) as modified by development consent with a bushfire safety authority issued under section 100B of the Rural Fires Act 1997 for the purposes of integrated development.
Explanatory information
In New South Wales, buildings subject to BAL-FZ must comply with specific conditions of development consent for construction at this level.
- AS 3959; or
- NASH Standard – Steel Framed Construction in Bushfire Areas.
SA H7D4 Construction in bushfire prone areas2019: 3.10.5
- for areas identified as general bushfire risk areas in the Planning and Design Code, the BAL-Low bushfire attack level; and
- for areas identified as medium bushfire risk areas in the Planning and Design Code, the BAL-12.5 bushfire attack level; and
- for areas identified as high bushfire risk areas in the Planning and Design Code, the bushfire attack level assessed for the site in accordance with the requirements of AS 3959; and
- for areas identified as urban interface in the Planning and Design Code that are within 500 m of a high bushfire risk area, the BAL-Low bushfire attack level; and
- for areas identified as urban interface in the Planning and Design Code that are within 100 m of a high bushfire risk area, the bushfire attack level assessed for the site in accordance with AS 3959.
QLD H7D4 Construction in bushfire prone areas2019: 3.10.5
H7D5
Heating appliances, fireplaces, chimneys and flues
2019: 3.10.7
Performance RequirementH7P3 is satisfied for a heating appliance if it is installed in accordance with—
- for a domestic solid fuel burning appliance, AS/NZS 2918; or
- for a heating appliance, Part 12.4 of the ABCB Housing Provisions.
Explanatory information
H7D5 applies to three types of heating appliances and includes the following:
- Open fireplaces — where solid fuel such as timber or coals are burnt in an unenclosed compartment. The requirements in Part 12.4 of the ABCB Housing Provisions for open fireplaces relate to masonry or concrete construction for all parts including the hearth, external faces and walls forming the back and sides and chimney.
- Insert fireplaces — manufactured and assembled in factories and inserted into the openings of masonry fireplaces in a building. All insert fireplaces must be tested to AS/NZS 2918 and have closed fire compartments for the burning of solid fuels.
- Free standing heating appliances — manufactured and assembled in factories and installed in the building without being concealed by wall or floor elements. All free standing fireplaces must be tested to AS/NZS 2918 and are required to be positioned in a building that meets specific minimum distances from internal building elements.
The requirements of both H7D5(a) and Part 12.4 of the ABCB Housing Provisions are intended to ensure the construction or installation of heating appliances can withstand the temperatures they generate. The requirements also ensure there is no spread of fire from within the heating appliance to adjacent building elements.
In addition to this, the requirements ensure hot products of combustion and smoke do not affect the occupants within the building. This is achieved by requiring construction and installation of heating appliances to transfer products of combustion and smoke directly to the outside atmosphere.
Insert fireplaces fuelled by gas are not covered by Part 12.4 of the ABCB Housing Provisions. Insert gas fireplaces may be regulated by relevant authorities responsible for gas installations in each State or Territory jurisdiction and may be required to comply with AS/NZS 5601 – Gas installations.