Building (Building Code: Backcountry Huts) Amendment Regulations 2008

2008/358

Crest

Building (Building Code: Backcountry Huts) Amendment Regulations 2008

Anand Satyanand, Governor-General

Order in Council

At Wellington this 29th day of September 2008

Present:
His Excellency the Governor-General in Council

Pursuant to section 400 of the Building Act 2004, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and on the recommendation of the Minister (as defined by section 7 of that Act) made, as required by section 403(2) of that Act, after he or she became satisfied that the chief executive (as so defined) has consulted in accordance with section 403(3) and (4) of that Act, makes the following regulations.

Regulations

1 Title
  • These regulations are the Building (Building Code: Backcountry Huts) Amendment Regulations 2008.

2 Commencement
  • These regulations come into force on 31 October 2008.

3 Principal regulations amended
4 Clause A1 of Schedule 1 amended
  • Subclause 3.0.2 of clause A1 in Schedule 1 is amended by inserting backcountry hut, after holiday cabin,.

5 Clause A2 of Schedule 1 amended
  • Clause A2 of Schedule 1 is amended by inserting the following definitions in their appropriate alphabetical order:

    backcountry hut means a building that—

    • (a) is located on land that is administered by the Department of Conservation for conservation, recreational, scientific, or other related purposes, including any land administered under any of the following:

      • (i) the Conservation Act 1987:

      • (ii) the National Parks Act 1980:

      • (iii) the Reserves Act 1977; and

    • (b) is intended to provide overnight shelter to any person who may visit and who carries his or her own food, bedding, clothing, and outdoor equipment; and

    • (c) contains only basic facilities, which may include (but are not limited to) any or all of the following:

      • (i) sleeping platforms or bunks:

      • (ii) mattresses:

      • (iii) food preparation surfaces:

      • (iv) appliances for heating:

      • (v) appliances for cooking:

      • (vi) toilets; and

    • (d) has been certified by the Director-General as being in a location that wheelchair users are unlikely to be able to visit; and

    • (e) is intended to be able to sleep—

      • (i) no more than 20 people in its backcountry hut sleeping area; and

      • (ii) no more than 40 people in total; and

    • (f) does not contain any connection, except by radiocommunications, to a network utility operator

    backcountry hut sleeping area means the area of a backcountry hut that contains sleeping platforms, bunks, or beds that are—

    • (a) within the same room as a food preparation or eating area; or

    • (b) in a fully enclosed room that is separate from any food preparation or eating area and has—

      • (i) internal walls that limit the spread of fire; and

      • (ii) the means of direct egress to outside the hut

    Department of Conservation means the department of State established by section 5 of the Conservation Act 1987

    Director-General has the same meaning as in section 2(1) of the Conservation Act 1987

    radiocommunications has the same meaning as in section 2(1) of the Radiocommunications Act 1989.

6 Clause C3.3.9 of Schedule 1 amended
  • The second column of clause C3.3.9 in Schedule 1 is amended by inserting Performance C3.3.9 does not apply to backcountry huts.

7 Clause D1.3.2 of Schedule 1 amended
  • The second column of clause D1.3.2 in Schedule 1 is amended by inserting backcountry huts, after Outbuildings,.

8 Clause F6.2 of Schedule 1 amended
  • The second column of clause F6.2 in Schedule 1 is amended by inserting backcountry huts, after Outbuildings,.

9 Clause F7.3.1 of Schedule 1 amended
  • The second column of clause F7.3.1 in Schedule 1 is amended by inserting , backcountry huts, after Outbuildings.

10 Clause G1.3.4 of Schedule 1 amended
  • The second column of clause G1.3.4 in Schedule 1 is amended by inserting backcountry huts, after Outbuildings,.

11 Clause G8.2 of Schedule 1 amended
  • (1) Paragraph (a) in the second column of clause G8.2 in Schedule 1 is amended by inserting (except backcountry huts) after Communal Residential.

    (2) Paragraph (b) in the second column of clause G8.2 in Schedule 1 is amended by inserting , backcountry huts, after Outbuildings.

    (3) Paragraph (c) in the second column of clause G8.2 in Schedule 1 is amended by inserting (except backcountry huts) after Communal Residential.

12 Clause G12.3.1 of Schedule 1 amended
  • The second column of clause G12.3.1 in Schedule 1 is amended by inserting Performance G12.3.1 does not apply to backcountry huts.

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 31 October 2008, amend the building code set out in Schedule 1 of the Building Regulations 1992. The amendments relate to a new example of a Community Service building in the Communal Residential type of classified use of buildings: backcountry huts.

Backcountry huts, as defined, are on land that is administered by the Department of Conservation for particular purposes, and, because of their remoteness and limited facilities, are exempted by these regulations from some of the building code's performance criteria and functional requirements, such as the requirement for adequate artificial lighting.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 2 October 2008.

These regulations are administered by the Department of Building and Housing.