If a building development application is for a budget accommodation building, the assessment manager must not approve the application unless the assessment manager is satisfied—
(a) the fire safety management plan accompanying the application complies with the Fire and Emergency Services Act 1990 , section 104FC ; or
(b) the building work involves a performance solution, for performance requirements under the BCA, that includes a fire safety management procedure as a condition of the occupation and use of the building and the fire safety management plan adequately reflects the procedure.