New South Wales Consolidated Regulations

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ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 162D

Council to be notified of significant fire safety issues

162D 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 certificate under Part 6 of the Act 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 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) A principal certifier is required to give written notice to the council in accordance with this clause if--
(a) the principal certifier has been appointed under section 6.6(1) of the Act in relation to building work 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 appointment under section 6.6(1) and the issue of an occupation certificate in respect of the building work, the principal certifier becomes aware (when carrying out an inspection or otherwise) of a significant fire safety issue with the building.
(3) 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 or principal certifier becomes aware of the fire safety issue.
(4) However, the certifier or principal certifier is not required to give notice if the fire safety issue is being addressed--
(a) by a fire safety order, or
(b) by development that affects the building, being development that is the subject of a development consent (including a complying development certificate) or a construction certificate.
(5) To avoid doubt, this clause extends to a council that is a certifier or principal certifier.



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