ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 144 Referral of certain plans and specifications to New South Wales Fire Brigades

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 144

144 Referral of certain plans and specifications to New South Wales Fire Brigades

(cf clause 79F of EP[#38]A Regulation 1994)

(1) This clause applies to the following buildings, or parts of buildings, that are the subject of an application for erection, rebuilding, alteration, enlargement or extension--

(a) a class 9a building that is proposed to have a total floor area of 2,000 square metres or more, where the plans and specifications for the work provide for a performance solution to meet the performance requirements contained in any one or more of the Category 2 fire safety provisions,

(b) a building (other than a class 9a building) that is proposed to have a fire compartment with a total floor area of more than 2,000 square metres, where the plans and specifications for the work provide for a performance solution to meet the performance requirements contained in any one or more of the Category 2 fire safety provisions,

(c) a building (other than a class 9a building) that is proposed to have a total floor area of more than 6,000 square metres, where the plans and specifications for the work provide for a performance solution to meet the performance requirements contained in any one or more of the Category 2 fire safety provisions,

(d) a class 2, class 3 or class 9 building of 2 or more storeys, or the class 4 part of any class 9 building of 2 or more storeys, where--

(i) the plans and specifications for the work provide for a performance solution to meet performance requirement CP2 in Volume 1 of the Building Code of Australia , to the extent that it relates to external combustible cladding, and

(ii) the performance solution does not apply the verification method CV3 in Volume 1 of the Building Code of Australia in its entirety,

(e) a class 5, class 6, class 7 or class 8 building of 3 or more storeys, or the class 4 part of any class 5, class 6, class 7 or class 8 building of 3 or more storeys, where--

(i) the plans and specifications for the work provide for a performance solution to meet performance requirement CP2 in Volume 1 of the Building Code of Australia , to the extent that it relates to external combustible cladding, and

(ii) the performance solution does not apply the verification method CV3 in Volume 1 of the Building Code of Australia in its entirety,

(f) a class 2 or class 3 building of 4 or more storeys where the plans and specifications for the work provide for a performance solution to meet performance requirement EP1.4 in Volume 1 of the Building Code of Australia ,

(g) a class 9b early childhood centre where the plans and specifications for the work do not meet requirement D1.18(a) in Volume 1 of the Building Code of Australia .

(2) Within 7 days after receiving an application for a construction certificate for a building to which this clause applies, the certifier must forward to the Fire Commissioner--

(a) a copy of the application, and

(b) a copy of the plans and specifications for the building, and

(c) details of the performance requirements that the performance solution is intended to meet, and

(d) details of the assessment methods to be used to establish compliance with those performance requirements,

which may be delivered by hand, forwarded by post or transmitted electronically, but may not be sent by facsimile transmission.

(3) The Fire Commissioner must notify the certifier of the date of receipt of documents under subclause (2) (the
"document receipt date" ) within 2 days after receiving those documents and must, within 10 days after receiving those documents, notify the certifier whether or not an initial fire safety report for the building will be provided.

(4) The Fire Commissioner may provide the certifier with an initial fire safety report for the building, but only if notice has been given to the certifier in accordance with subclause (3) that an initial fire safety report will be provided.

(5) An initial fire safety report may recommend conditions to be imposed on the erection, rebuilding, alteration, enlargement or extension of the building to which the report relates.

(6) The certifier must not issue a construction certificate for a building to which this clause applies unless it has taken into consideration an initial fire safety report for the building issued in accordance with this clause.

(6A) The certifier may issue a construction certificate without taking an initial fire safety report into consideration if--

(a) the Fire Commissioner has notified the certifier in accordance with subclause (3) that an initial fire safety report will not be provided, or

(b) the Fire Commissioner has failed to notify the certifier within 10 days after the document receipt date whether or not an initial fire safety report will be provided, or

(c) the Fire Commissioner has given notice in accordance with subclause (3) that an initial fire safety report will be provided, but such a report is not provided within 28 days after the document receipt date.

(6B) If the certifier does not adopt any recommendation in an initial fire safety report that it is required to take into consideration because the certifier does not agree with the recommendation, the certifier must cause written notice to be given to the Fire Commissioner of the fact that it has not adopted the recommendation and of the reasons why it has not adopted the recommendation.

(6C) If the Fire Commissioner has notified the certifier within 10 days after the document receipt date that an initial fire safety report will be provided but has failed to provide the report within 28 days after the document receipt date, the certifier must notify the Fire Commissioner in writing if a construction certificate is issued.

(7) If the certifier adopts any condition recommended by an initial fire safety report--

(a) it must ensure that the terms of the recommended condition have been included in the plans and specifications for the building work, in the case of a condition whose terms are capable of being so included, or

(b) it must attach to the construction certificate a condition in the same terms as those of the recommended condition, in the case of a condition whose terms are not capable of being so included.

(8) Compliance with the requirement that the terms of a recommended condition be included in the plans and specifications for building work is sufficiently complied with--

(a) if the plans and specifications are redrawn so as to accord with those terms, or

(b) if those terms are included by way of an annotation (whether by way of insertion, deletion or alteration) marked on the relevant part of those plans and specifications.

(8A) An application for a construction certificate made, but not finally determined, before the substitution of subclause (1) by the Environmental Planning and Assessment Amendment (Identification of Buildings with External Combustible Cladding) Regulation 2018 is to be dealt with as if that subclause had not been substituted.

(8B) A certifier or the Fire Commissioner must provide a document, information or notice required under this clause by means of the NSW planning portal.

(8C) An application for a construction certificate made, but not finally determined, before the amendment of subclause (1) by the Environmental Planning and Assessment Amendment (Construction Certificate Applications) Regulation 2020 is to be dealt with as if that amendment had not been made.

(9) In this clause--


"early childhood centre" has the same meaning as in the Building Code of Australia .


"initial fire safety report" means a written report specifying whether or not the Fire Commissioner is satisfied, on the basis of the documents referred to in subclause (2)--

(a) that the performance solution will meet such of the performance requirements as it is intended to meet, and

(b) that the fire hydrants in the proposed fire hydrant system will be accessible for use by Fire and Rescue NSW, and

(c) that the couplings in the system will be compatible with those of the fire appliances and equipment used by Fire and Rescue NSW.