Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021

This section applies to an application for an occupation certificate for development that involved installing, extending or modifying a relevant fire safety system in a class 2 or 3 building.

As soon as practicable after receiving the application, the certifier must request a fire safety system report from the Fire Commissioner.

The certifier is not required to request a fire safety system report under subsection (2) if—

the certifier has already refused the application for the occupation certificate, or

the Fire Commissioner has provided a final fire safety report for the building under section 50.

If the certifier refuses the application for an occupation certificate after making the request but before receiving a fire safety system report, the certifier must notify the Fire Commissioner.

If the Fire Commissioner has provided the certifier with a fire safety system report within 10 business days after receiving the request for the report, the certifier must not issue an occupation certificate for the building unless the certifier has—

considered the report, and

given the Fire Commissioner written notice of the reasons for not adopting a recommendation for remediation that is not adopted.

A certifier or the Fire Commissioner must use the NSW planning portal to make a request, or provide a notice or report, under this section.

In this section—

whether the Fire Commissioner is satisfied the relevant fire safety system is capable of performing to at least the standard in the current fire safety schedule for the building, and

if not—the Fire Commissioner’s recommendations for modification of the system.

for a corporation—300 penalty units, or

for an individual—150 penalty units.