ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 130 Procedure for determining application for complying development certificate and notification requirements

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 130

130 Procedure for determining application for complying development certificate and notification requirements

(cf clause 77 of EP[#38]A Regulation 1994)

(1) A certifier must not issue a complying development certificate for building work unless the proposed building (not being a temporary building) will comply with the relevant requirements of the Building Code of Australia (as in force at the time the application for the certificate was made).

(2) In the case of complying development that is required to comply with the deemed-to-satisfy provisions of Volume One, or Section 3 of Volume Two, of the Building Code of Australia , a complying development certificate cannot authorise compliance with a performance solution to the performance requirements corresponding to those deemed-to-satisfy provisions.

(2A) A certifier must not issue a complying development certificate for building work that involves a performance solution under the Building Code of Australia in respect of a fire safety requirement unless the certifier--

(a) has obtained or been provided with a performance solution report that--

(i) was prepared by or on behalf of a person with the qualifications required by this clause, and

(ii) includes a statement that the performance solution complies with the relevant performance requirements of the Building Code of Australia , and

(iii) where relevant, identifies the deemed-to-satisfy provisions of the Building Code of Australia being varied, and

(iv) describes and justifies the performance solution, including the acceptance criteria and parameters on which the justification is based and any restrictions or conditions of the performance solution, and

(v) includes a copy of the brief on which the justification of the performance solution was based, and

(b) is satisfied that--

(i) the report correctly identifies both the performance requirements and the deemed-to-satisfy provisions of the Building Code of Australia , and

(ii) the plans show, and the specifications describe, the physical elements of the performance solution (where they are capable of being shown and described).

(2B) Subclause (2A) does not apply to building work relating to a class 1a or 10 building, as defined in the Building Code of Australia .

(2E) A certifier must not issue a complying development certificate for proposed development comprising internal alterations to, or a change of use of, an existing building that is subject to a performance solution relating to a fire safety requirement under the Building Code of Australia unless--

(a) the certifier has obtained or been provided with a written report by another registered certifier, who is a registered certifier for the purpose of issuing a complying development certificate for a building of that kind, and

(b) the written report includes a statement that the proposed development is consistent with that performance solution.

(3) Evidence of the issue of a complying development certificate must be endorsed by the council or the registered certifier on any plans, specifications and any other documents that were lodged with the application for the certificate or submitted to the registered certifier in accordance with clause 126.

(4) For the purposes of section 4.28(11) of the Act, the registered certifier must, within 2 days after the date of the determination, by means of the NSW planning portal--

(a) notify the applicant of the determination, and

(b) notify the council of the determination and provide the council with the following--

(i) the determination, together with the application to which it relates,

(ii) any endorsed plans, specifications or other documents that were lodged with the application or submitted to the registered certifier in accordance with clause 127,

(iii) any complying development certificate issued as a result of the determination, together with any associated fire safety schedule,

(iv) the record of any inspection made for the purposes of clause 129B in relation to the issue of the complying development certificate unless the inspection was carried out by the council.

(5) A person has the
"qualifications required by this clause" if--

(a) the person is an accredited practitioner (fire safety) who is also a fire safety engineer and the report is about a performance solution under the Building Code of Australia in respect of the requirements set out in EP1.4, EP2.1, EP2.2, DP4 and DP5 in Volume 1 for--

(i) a class 9a building, as defined in the Building Code of Australia , that is proposed to have a total floor area of 2,000 square metres or more, or

(ii) any building (other than a class 9a building so defined) that is proposed to have a fire compartment, as defined in the Building Code of Australia , with a total floor area of more than 2,000 square metres, or

(iii) any building (other than a class 9a building so defined) that is proposed to have a total floor area of more than 6,000 square metres, or

(b) the person is an accredited practitioner (fire safety), in the case of any other report.