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Environmental Planning and Assessment Amendment

Identification of Buildings with Combustible Cladding - Regulation 2017

Under the Environmental Planning and Assessment Act 1979


This Regulation provides the identification of, and collection of information about, buildings to which combustible cladding has been applied. The proposed scheme applies to all buildings other than class 1, class 1a or class 10 buildings, single storey class 2, 3 or 9 buildings, class 5, 6, 7 or 8 buildings of 2 storeys or less or temporary structures.


The proposed scheme requires the owner of a building to which combustible cladding has been applied to provide the Secretary of the Department of Planning and Environment with:-

(a) details of the building and the combustible cladding, and

(b) a cladding statement (which is a statement to the effect that the cladding on the building has been inspected by a properly qualified person and setting out that person’s opinion as to whether the cladding presents a risk to the safety of persons or to the spread of fire, in the event of a fire, and details of actions necessary to address any such risk).


Combustible cladding definition

Combustible cladding means any cladding comprised of materials that are capable of readily burning (such as timber, polystyrene, vinyl or polyethylene) and includes any cladding system that incorporates elements that are capable of readily burning (such as combustible framing or insulation behind the surface cladding).


Owners of Building with combustible cladding obligation

According to clause 186T of the Regulation, the owner of a building with combustible cladding must provide the Secretary with details as listed bellow about the building and its cladding.

(a) the name and address of the owner of the building,

(b) the address of the building,

(c) the classification of the building under the Building Code of Australia,

(d) the number of storeys in the buildings, above and below ground,

(e) a description of any combustible cladding applied to the building, including the materials of which the cladding is comprised,

(f) a description of the extent of application of combustible cladding to the building and of the parts of the building to which it is applied.


Cladding Statement Stage

Owners of building with combustible cladding must follow up with a cladding statement, which means a statement to the effect that the cladding applied to a building has been inspected by a properly qualified person and must include:

(a) a determination as to whether or not, in the opinion of that person, the cladding presents a risk to the safety of persons or to the spread of fire, in the event of a fire, and

(b) if that person is of the opinion that the cladding could present a risk to the safety of persons or to the spread of fire, in the eve


Additionally, if cladding statement determines that the combustible cladding could present such a risk and explanation of the reasons for choosing the specified actions necessary to address the risk.


A cladding statement must be provided:-

a) in the case of a class 2, 3, 9a or 9c building, or part of such a building, that is not fitted with a fire sprinkler system—within 7 months after the commencement of this clause or after the building first being occupied, whichever occurs later, or

(b) in the case of a class 9b building used as an early childhood centre, or part of such a building, that is not fitted with a fire sprinkler system— within 7 months after the commencement of this clause or after the building first being occupied, whichever occurs later, or

(c) in any other case—within 11 months after the commencement of this clause or after the building first being occupied, whichever occurs later.


Penalties

Under the Cladding Amendment, the proposed penalties for failing to register a building or provide a cladding statement are set at $1,500 for individuals and $3,000 for corporations.


Once a building has been registered, the information (including the cladding statement) on a register, which may be provided to Fire and Rescue NSW or otherwise made public.


#combustiblecladding


References:

NSW Planning & Environmental. Environmental Planning and Assessment Amendment (Identification of Buildings with Combustible Cladding) Regulation 2017. Retrieved from http://planning.nsw.gov.au/Policy-and-Legislation/Buildings/Combustible-cladding