Dictionary
Schedule 2 Dictionary
section 3
accredited practitioner (fire safety) means the holder of an accreditation under the Building and Development Certifiers Act 2018 that authorises the holder to exercise the functions of an accredited practitioner (fire safety) who is acting in relation to matters to which the accreditation relates.
alteration of a building, in relation to development, includes the enlargement or extension of a building.
alteration to a hydraulic fire safety system means a permanent alteration to a hydraulic fire safety system that—
modifies, or enables the modification of, the pressure or flow characteristics of the hydraulic fire safety system, and
is not associated with—
an alteration of an existing building, unless the alteration relates solely and directly to the alteration to the hydraulic fire safety system, or
a change of building use.
annual fire safety statement —see section 88.
applicant, for Part 17—see section 115.
approved BASIX system means a computerised system, approved from time to time by the Planning Secretary, to which certifiers or members of the public are given online access, for the purposes of issuing BASIX certificates and BASIX completion receipts.
approved form means a form approved by the Planning Secretary and published on the NSW planning portal.
AS 1670.1 means AS 1670.1Fire detection, warning, control and intercom systems—System design, installation and commissioning—Part 1: Fire as in force from time to time.
BASIX building means a building that contains at least 1 dwelling, but does not include the following—
hotel or motel accommodation,
a boarding house, hostel or co-living housing that—
accommodates more than 12 residents, or
has a gross floor area exceeding 300 square metres.
BASIX certificate means a certificate issued by the Planning Secretary under section 71.
BASIX completion receipt —see section 45.
BASIX development means the following development if it is not BASIX excluded development—
development that involves the erection, but not the relocation, of a BASIX building,
development that involves a change of building use by which a building becomes a BASIX building,
development that involves the alteration of a BASIX building, if the estimated development cost is $50,000 or more,
development for the purposes of a swimming pool or spa, or combination of swimming pools and spas, that—
services 1 dwelling only, and
has a capacity, or combined capacity, of 40,000 litres or more.
BASIX excluded development means the following development—
development for the purposes of a garage, storeroom, carport, gazebo, verandah or awning,
development that involves the alteration of a building listed on the State Heritage Register under the Heritage Act 1977,
development that involves the alteration of a building resulting in a space that cannot be fully enclosed, other than a space that can be fully enclosed but for a vent needed for the safe operation of a gas appliance,
Example—
A verandah that is open or enclosed by a screen, mesh or other material that permits the free and uncontrolled flow of air.
development that involves the alteration of a building declared by the Planning Secretary, by order published in the Gazette, to be BASIX excluded development.
BASIX optional development means the following development if it is not BASIX excluded development—
development that involves the alteration of a BASIX building, if the estimated development cost is less than $50,000,
development for the purposes of a swimming pool or spa, or combination of swimming pools and spas, that—
services 1 dwelling only, and
has a capacity, or combined capacity, of less than 40,000 litres.
Building Code of Australia means the Building Code of Australia prescribed by the Environmental Planning and Assessment Regulation 2021.
building work rectification order has the same meaning as in the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020.
Category 1 fire safety provision means the following provisions of the Building Code of Australia—
Volume 1, E1P3, E1P4, E1P6, E2P1, E2P2 and E3P2,
Volume 2, H3P2.
Category 3 fire safety provision means the Building Code of Australia, Volume 1, E1P3, E1P4, E1P6, E2P2 and E3P2.
class, in relation to a building or part of a building, means—
in a provision of this Regulation that imposes requirements in relation to a development consent—the class to which the building belongs, as identified by the development consent, or
otherwise—the class to which the building or part of a building belongs, as ascertained in accordance with the Building Code of Australia.
CodeMark scheme means the CodeMark scheme for the certification of building products and systems managed by the Australian Building Codes Board, under which certification bodies are accredited and monitored by the Joint Accreditation System of Australia and New Zealand established on 30 October 1991.
critical fire safety measure, in relation to a building, means a fire safety measure that—
requires periodic assessment and certification at intervals of less than 12 months, because of its nature, the environment or the circumstances, and
is identified as a critical fire safety measure in a fire safety schedule.
critical stage inspection means a critical stage inspection referred to in section 61 or 62.
deemed-to-satisfy provisions has the same meaning as in the Building Code of Australia.
design principles for residential apartment development has the same meaning as in State Environmental Planning Policy (Housing) 2021.
dwelling —
in relation to a BASIX building—means a room or suite of rooms occupied or used, or constructed or adapted to be capable of being occupied or used, as a separate domicile, or
otherwise—has the same meaning as in the Standard Instrument.
embodied emissions, attributable to development, has the same meaning as in State Environmental Planning Policy (Sustainable Buildings) 2022.
entertainment venue means a building used as a cinema, theatre or concert hall or an indoor sports stadium.
essential fire safety measure, in relation to a building, means a fire safety measure that—
is or was included in the fire safety schedule for the building, or
was included in the essential services, within the meaning of Ordinance No 70 under the Local Government Act 1919, attached to an approval or order referred to in that Ordinance, Part 59, being an approval or order that was in force immediately before 1 July 1993, or
was included in the essential services, within the meaning of the Local Government (Approvals) Regulation 1993, attached to an approval referred to in that Regulation, clause 22, being the latest approval granted during the period from 1 July 1993 to 30 June 1997, or
was included in the essential services, within the meaning of the Local Government (Orders) Regulation 1993, attached to an order referred to in that Regulation, clause 6(1), being the latest order given during the period from 1 July 1993 to 30 June 1997.
estimated development cost has the same meaning as in the Environmental Planning and Assessment Regulation 2021.
external combustible cladding, in relation to a building, means the following cladding applied to an external wall or area of the building—
a cladding or cladding system comprising metal composite panels, including aluminium, zinc and copper,
an insulated cladding system, including a system comprising polystyrene, polyurethane or polyisocyanurate.
final fire safety certificate —see section 83.
Fire Commissioner means the Commissioner of Fire and Rescue NSW.
fire compartment has the same meaning as in the Building Code of Australia.
fire exit, in relation to a building, means an exit, within the meaning of the Building Code of Australia, from the building that has been provided in compliance with a requirement imposed by or under the Act, this Regulation or another law, whether or not that law is currently in force.
fire safety certificate means a final fire safety certificate or an interim fire safety certificate.
fire safety engineer means a person registered under the Building and Development Certifiers Act 2018 whose registration authorises the person to exercise the functions of a fire safety engineer.
fire safety measure, in relation to a building, means a measure, including an item of equipment, form of construction or fire safety strategy, that is, or is proposed to be, implemented for that building to ensure the safety of persons using the building if there is a fire.
fire safety order means a fire safety order under the Act, Schedule 5, Part 2, and includes an order under the Act, Schedule 5, Part 4, clause 1.
fire safety requirement means a requirement under the Building Code of Australia relating to—
a fire safety system within the meaning of the Building Code of Australia, or
the safety of persons if there is a fire, or
the prevention, detection or suppression of fire.
fire safety schedule —see section 78.
fire safety standard, for Part 13A—see section 102A.
fire safety statement means an annual fire safety statement or supplementary fire safety statement.
fire sprinkler system means a system designed to automatically control the growth and spread of fire that may include sprinklers, valves, pipework, pumps, boosters and water supplies.
hydraulic fire safety system means any of the following that is installed in accordance with a requirement of the Act or another Act or law, including an order, a condition of an approval or another authorisation—
a fire hydrant system,
a fire hose reel system,
a fire sprinkler system, including a wall-wetting sprinkler or drencher system,
an automatic fire suppression system of a hydraulic nature.
interim fire safety certificate —see section 83.
letting agent, for Part 13A—see section 102A.
NABERS means the National Australian Built Environment Rating System.
owners corporation has the same meaning as in the Strata Schemes Management Act 2015.
performance requirement has the same meaning as in the Building Code of Australia.
performance solution has the same meaning as in the Building Code of Australia.
planning agreement has the same meaning as in the Act, Division 7.1.
performance-based design brief has the same meaning as in the Building Code of Australia.
qualified designer means a person registered as an architect under the Architects Act 2003.
recognised person means a person who is both an accredited practitioner (fire safety) and a fire safety engineer.
register, for Part 13A—see section 102A.
registered body corporate has the same meaning as in the Building and Development Certifiers Act 2018.
registration information, for Part 13A—see section 102A.
Registration Secretary means the Secretary within the meaning of the Building and Development Certifiers Act 2018.
relevant BASIX certificate, in relation to development, means—
a BASIX certificate that applies to the development when development consent is granted or modified, or
if a replacement BASIX certificate accompanies a subsequent application for a construction certificate—the replacement BASIX certificate that applies to the development when the construction certificate is issued or modified.
relevant building work plans and specifications, for Part 3—see section 8.
relevant fire safety system means the following—
a hydraulic fire safety system,
a fire detection and alarm system,
a mechanical ducted smoke control system.
relevant order, for Part 10—see section 76A.
relevant provision, for Part 17—see section 115.
required information, for a building that has external combustible cladding, for Part 14—see section 103.
residential apartment development has the same meaning as in State Environmental Planning Policy (Housing) 2021.
sole-occupancy unit has the same meaning as in the Building Code of Australia.
special contributions area means a special contributions area within the meaning of the Act, Division 7.1, as in force immediately before 1 October 2023.
Standard Instrument means the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006.
supplementary fire safety statement —see section 90.
temporary building means—
a temporary structure, or
a building specified as a temporary building in a development consent or complying development certificate granted or issued in relation to its erection.
the Act means the Environmental Planning and Assessment Act 1979.
undertaking, for Part 10—see section 76A.
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