New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 129D

129D Council to be notified of significant fire safety issues

(1) A certifier is required to give written notice to the council in accordance with this clause if--

(a) an application has been made to the certifier for a complying development certificate affecting an existing building, and

(b) the building is a class 1b, 2, 3, 4, 5, 6, 7, 8 or 9 building, and

(c) at any time between the application being received and the issue of the complying development certificate, the certifier becomes aware (when carrying out an inspection or otherwise) of a significant fire safety issue with any part of the building.

(2) The notice--

(a) must describe the fire safety issue and the parts of the building affected by the issue, and

(b) must be made within 2 days after the certifier becomes aware of the fire safety issue.

(3) However, the certifier is not required to give notice if the fire safety issue is being addressed--

(a) by the proposed development, or

(b) by a fire safety order, or

(c) by some other development consent (including a complying development certificate) that affects the building.

(4) To avoid doubt, this clause extends to a council that is a certifier.