State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Schedule 10 Conditions applying to complying development certificates under the Fire Safety Code
Note 1.Complying development under the Fire Safety Code must comply with the requirements of the Act, the Environmental Planning and Assessment Regulation 2000 and the conditions listed in this Schedule.
Note 2.Division 2A of Part 7 of the Environmental Planning and Assessment Regulation 2000 specifies conditions to which certain complying development certificates are subject.
Note 3.In addition to the requirements specified for development under this Policy, adjoining owners’ property rights, applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply.
Note 4.If the development is in the proximity of infrastructure (including water, stormwater or sewer mains, electricity power lines and telecommunications facilities), the relevant infrastructure authority should be contacted before commencing the development.
Note 5.Under section 86A of the Environmental Planning and Assessment Act 1979 a complying development certificate lapses 5 years after the date endorsed on the certificate, unless the development has physically commenced on the land during that period.
Part 1 Conditions applying before works commence
1 Protection of adjoining areas
A temporary hoarding or temporary construction site fence must be erected between the work site and adjoining lands before the works begin and must be kept in place until after the completion of the works if the works:(a) could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic, or(b) could cause damage to adjoining lands by falling objects, or(c) involve the enclosure of a public place or part of a public place.Note.Clauses 2.67 and 2.68 of this Policy specify which scaffolding, hoardings and temporary construction site fences are exempt development and state the applicable standards for that development.
2 Toilet facilities
(1) Toilet facilities must be available or provided at the work site before works begin, and must be maintained until the works are completed, at a ratio of one toilet plus one additional toilet for every 20 persons employed at the site.(2) Each toilet must:(a) be a standard flushing toilet connected to a public sewer, or(b) have an on-site effluent disposal system approved under the Local Government Act 1993, or(c) be a temporary chemical closet approved under the Local Government Act 1993.
3 Waste management
(1) A garbage receptacle must be provided at the work site before works begin and must be maintained until the works are completed.(2) The garbage receptacle must have a tight fitting lid and be suitable for the reception of food scraps and papers.
4 Run-off and erosion controls
Run-off and erosion controls must be implemented to prevent soil erosion, water pollution or the discharge of loose sediment on the surrounding land by:(a) diverting uncontaminated run-off around cleared or disturbed areas, and(b) erecting a silt fence and providing any other necessary sediment control measures that will prevent debris escaping into drainage systems, waterways or adjoining properties, and(c) preventing the tracking of sediment by vehicles onto roads, and(d) stockpiling top soil, excavated materials, construction and landscaping supplies and debris within the lot.
Part 2 Conditions applying during the works
Note.The Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Noise Control) Regulation 2008 contain provisions relating to noise.
5 Hours for construction
Work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday, or between 8.00 am and 1.00 pm on Saturdays, and no work is to be carried out at any time on a Sunday or a public holiday.
6 Compliance with plans
Works must be carried out in accordance with the plans and specifications to which the complying development certificate relates.
Any demolition must be carried out in accordance with AS 2601—2001, The demolition of structures.
8 Earthworks, retaining walls and structural support
(1) Any earthworks (including any structural support or other related structure for the purposes of the development):(a) must not cause a danger to life or property or damage to any adjoining building or structure on the lot or to any building or structure on any adjoining lot, and(b) must not redirect the flow of any surface or ground water or cause sediment to be transported onto an adjoining property, and(c) that involve fill brought to the site—must contain only virgin excavated natural material (VENM) as defined in Part 3 of Schedule 1 to the Protection of the Environment Operations Act 1997, and(d) that involve excavated soil being removed from the site—must be disposed of in accordance with any requirements under the Protection of the Environment Operations (Waste) Regulation 2005.(2) Any excavation must be carried out in accordance with Excavation Work: Code of Practice (ISBN 978-0-642-785442), published in July 2012 by Safe Work Australia.
9 Maintenance of site
(1) All materials and equipment must be stored wholly within the work site unless an approval to store them elsewhere is held.(2) Waste materials (including excavation, demolition and construction waste materials) must be managed on the site and then disposed of at a waste management facility.(3) Any run-off and erosion control measures required must be maintained within their operating capacity until the completion of the works to prevent debris escaping from the site into drainage systems, waterways, adjoining properties and roads.(4) During construction:(a) all vehicles entering or leaving the site must have their loads covered, and(b) all vehicles, before leaving the site, must be cleaned of dirt, sand and other materials, to avoid tracking these materials onto public roads.(5) At the completion of the works, the work site must be left clear of waste and debris.
10 Alarm signalling equipment
Any work to existing alarm signalling equipment must not result in any loss of monitoring service continuity unless fire watch measures are implemented for the full duration of the period in which the work is carried out.
11 Archaeology discovered during excavation
If any object having interest due to its age or association with the past is uncovered during the course of the work:(a) all work must stop immediately in that area, and(b) the Office of Environment and Heritage must be advised of the discovery.Note.Depending on the significance of the object uncovered, an archaeological assessment and excavation permit under the Heritage Act 1997 may be required before further work can continue.
12 Aboriginal objects discovered during excavation
If any Aboriginal object (including evidence of habitation or remains) is discovered during the course of the work:(a) all excavation or disturbance of the area must stop immediately in that area, and(b) the Office of Environment and Heritage must be advised of the discovery in accordance with section 89A of the National Parks and Wildlife Act 1974.Note.If an Aboriginal object is discovered, an Aboriginal heritage impact permit may be required under the National Parks and Wildlife Act 1974.