Plan Change 4 provides changes to the Fire Safety Rules (Land Use) for buildings and structures in the Rural, Residential, Business (Commercial and Industrial) areas. It removes the requirement to comply with the New Zealand Fire Service Firefighting Water Supplies Code of Practice.
This change takes effect from 18 December 2018 and will only be for new applications received after this date. Applicants currently within the consenting process or who wish to change their current consent will be advised of a mechanism to do so in the New Year.
All existing consents issued in the last four years must comply with the previous Fire Safety Rules and not Plan Change 4. Council will assess existing consents and what needs to be done to help them comply with Plan Change 4 early in 2019. Until a change to your consent is authorised by Council you must still comply to all fire management conditions on your consent. If you do not, you may risk compromising insurance on your property should there be a fire. Please contact our offices in the New Year for help if you would like to take up the opportunities afforded by Plan Change 4 regarding your existing consent.
The below scenarios have questions that may help answer any queries you have.
Properties with a Consent Notice on the Title relating to fire-fighting water supply
Q: What if I have a consent notice on my title that requires compliance with the New Zealand Fire Service 'Code of Practice'?
A: You have two options available –
You can contact Fire and Emergency New Zealand (FENZ) directly and request that they assess your proposal using their fire risk assessment checklist. FENZ will provide a recommendation on what is required and then their signed assessment checklist should be submitted to Council with your Building Consent application. Your Building Consent will need to show compliance with the signed FENZ checklist;
OR
You can apply to Council to vary or cancel the consent notice on your title. Please refer to our fees and charges for the application fee and it is recommended that you speak to a Council planner regarding the information needed and the assessment you will need to undertake (according to the risk assessment guidelines).
Q: What if I have a consent notice on my title that requires 10,000L of dedicated water for firefighting purposes to be provided on my site?
A: You have three options available –
Provide the 10,000L as required (you will need to show this on your Building Consent application);
OR
You can contact FENZ and request that they assess your proposal using their fire risk assessment checklist. FENZ will provide a recommendation on what is required and then their signed assessment checklist should be submitted to Council with your Building Consent application. Your Building Consent will need to show compliance with the signed FENZ checklist;
OR
You can apply to Council to vary or cancel the consent notice on your title. Please refer to our fees and charges for the application fee and it is recommended that you speak to a Council planner regarding the information needed and the assessment you will need to undertake (according to the risk assessment guidelines).
Properties with an existing Land use consent relating to fire-fighting water supply ONLY (or fire and relocated building)
Q: What happens if there is a granted land use consent for my property with a breach of the fire rule only, or the fire and relocated buildings rule, but I have not built on the property yet?
A: You may now rely on the new land use rule which only requires the consideration of access for fire-fighting purposes. That is, you have the option to not proceed with the fire-fighting reserve water.
If you have a granted building consent which shows reserve fire-fighting water being supplied, then you will need to have a minor variation to your building consent agreed by Council. This can be done on the site as a notation on the approved building consent plans.
Q: What happens if there is a granted land use consent for my property with a breach of the fire rule only, or the fire and relocated buildings rule, and I have now installed the dedicated reserve water for fire-fighting but I would like to remove it (or use it for regular water supply)?
A: You have two options available:
You must retain the reserve water for fire-fighting supply as your land use consent is conditional on providing the fire-fighting water supply; OR
You can apply to Council for a Certificate of Compliance under the Resource Management Act (RMA) for the building without the reserve water. Please refer to our fees and charges for the application fee.
If you have not had a Code of Compliance certificate issued under the Building Act, then you will also need to have a minor variation to your building consent agreed by Council. This can be done on the site as a notation on the approved building consent plans.
Properties with an existing land use consent relating to fire-fighting water supply and other breaches
Q: What happens if there is a granted land use consent for my property with a breach of multiple rules, including the fire rule, but I have not built on the property yet?
A: Because you have not given effect to your land use consent you may choose not to install the reserve firefighting water. If so then you will need to provide Council with amended plans to be appended to your existing land use consent and the Council will consider your changes and confirm acceptance in writing.
Q: What happens if there is a granted land use consent for my property with a breach of multiple rules, including the fire rule, and I have now installed the dedicated reserve water for fire-fighting but I would like to remove it (or use it for regular water supply)?
A: You have two options available:
You must retain the reserve water for fire-fighting supply as your land use consent is conditional on providing the fire-fighting water supply;
OR
You can apply to Council for a variation to your existing land use consent for the building without the reserve water. Please refer to our fees and charges for the application fee.
You will also need to have a minor variation to your building consent agreed by Council. This can be done on the site as a notation on the approved building consent plans.
Properties where a Building Consent has been issued subject to Section 37 for a breach of an old fire safety rule
Q: What happens if I have started building already (because the rules breached are only fire safety or fire and relocated buildings) but my Code of Compliance has not yet been issued, no land use consent has been granted, and there are no consent notices on my title which relate to fire-fighting water supply?
A: Council is endeavouring to contact all Building Consent holders who are in this situation to inform them that a land use consent will no longer be required for the fire rule, however it will still be required for any other rule breaches identified.
You will need to have a minor variation to your building consent agreed by Council. This can be done on the site as a notation on the approved building consent plans.
Q: What happens if I have not started building yet?
A: Council is endeavouring to contact all Building Consent holders who are in this situation to inform them that a land use consent will no longer be required for the fire rule, however it will still be required for any other rule breaches identified.
You will need to have a minor variation to your building consent agreed by Council. This can be done on the site as a notation on the approved building consent plans.
A land use consent application is currently being processed by Council which is for the fire safety rule only (or fire and relocated building)
Q: What happens if I have a current land use consent application being processed by Council which is for the fire safety rule only (or fire and relocated building) and I need the consent to be issued prior to 20 December 2018?
A: The land use consent application must continue to be considered by Council under the old rules that existed at the date your application was lodged.
Note – The owner/developer may also want to consider FAQ scenario 2 and 3.
Q: What happens if I have a current land use consent application being processed by Council which is for the fire safety rule only (or fire and relocated building) and I do not need the consent to be issued prior to 20 December 2018?
A: You can request that the timeframe for the processing of the land use consent application is extended under s37 of the RMA until 20 December 2018 and then withdraw the application in January 2019. You will be refunded any remaining balance of your application fee once accrued charges have been deducted.
A land use consent application is currently being processed by Council which is for multiple rule breaches, including the fire safety rule
Q: What happens if I have a current land use consent application being processed by Council which is for multiple rule breaches, including the fire safety rule, and I need the consent to be issued prior to 20 December 2018?
A: The land use consent application must continue to be considered by Council under the old rules that existed at the date your application was lodged.
Note – The owner/developer may also want to consider FAQ scenario 2 and 3.
Q: What happens if I have a current land use consent application being processed by Council which is for multiple rules breaches, including the fire safety rule, and I do not need the consent to be issued prior to 20 December 2018?
A: You can request that the timeframe for the processing of the land use consent application is extended under s37 of the RMA until 20 December 2018 and then provide an amended application to Council in January 2019. The Council will accept the amended application as a new application and the ‘formally received’ date for the application will be updated to the new date in January 2019. The consent will retain the same reference number and you will not need to pay a new application fee.
A subdivision consent application is currently being processed by Council which includes a breach of the performance standard relating to water supply for fire- fighting purposes
Q: What happens if I have a current subdivision consent application being processed by Council which includes a breach of the performance standard relating to water supply for fire-fighting purposes, and I need the consent to be issued prior to 20 December 2018?
A: The subdivision consent application must continue to be considered by Council under the old rules that existed at the date your application was lodged.
Note – If a combined subdivision and land use consent application has been made, the applicant should also consider FAQ scenario 5 or 6.
Q: What happens if I have a current subdivision consent application being processed by Council which includes a breach of the performance standard relating to water supply for fire-fighting purposes, and I do not need the consent to be issued prior to 20 December 2018?
A: You can request that the timeframe for the processing of the subdivision consent application is extended under s37 of the RMA until 20 December 2018 and then provide an amended application to Council in January 2019. The amended application will need to be prepared in accordance with the new assessment criteria for subdivision (including the applicable forms and risk assessment as necessary). The Council will accept the amended application as a new application and the ‘formally received’ date for the application will be updated to the new date in January 2019. The consent will retain the same reference number and you will not need to pay a new application fee.
