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BUILDING ACT 1975 - SECT 231AL Approval of later day for obtaining fire safety (RCB) compliance certificate or certificate of occupancy

BUILDING ACT 1975 - SECT 231AL

Approval of later day for obtaining fire safety (RCB) compliance certificate or certificate of occupancy

231AL Approval of later day for obtaining fire safety (RCB) compliance certificate or certificate of occupancy

(1) The owner of an RCB may make written application to the relevant local government to approve a later day for the RCB under section 231AK (a) (iii) or (b)(iii).
(2) However, the application can only be made—
(a) for an RCB with the assessment category 1—before the later of the days mentioned in section 231AK (a) (i) or (ii) ; or
(b) for an RCB with the assessment category 2—before the later of the days mentioned in section 231AK (b) (i) or (ii) .
(3) The local government—
(a) must consult with QFES; and
(b) may—
(i) consult with any entity it considers appropriate in deciding the application; and
(ii) grant the application only if it is satisfied undue hardship would be caused to the occupants of the RCB if the application were refused.
(4) The local government may grant the application with or without the reasonable conditions it considers appropriate.
(5) Within 20 business days after receiving the application, the local government must—
(a) decide the application; and
(b) give the owner an information notice about the decision.
(6) The owner must comply with each condition imposed on the approval.
Penalty—
Maximum penalty—165 penalty units.
Notes—
1 This provision is an executive liability provision—see section 257 .
2 For rights of appeal to a development tribunal, see the Planning Act , section 229 .
(7) Within 20 business days after giving an approval, the local government must give the chief executive notice of the approval.