Environmental Planning and Assessment Regulation 2000
144 Referral of certain plans and specifications to New South Wales Fire Brigades
(cf clause 79F of EP&A Regulation 1994)
(1) This clause applies to:(a) a class 9a building that is proposed to have a total floor area of 2,000 square metres or more, orwhere:(b) a building (other than a class 9a building) that is proposed to have:(i) a fire compartment with a total floor area of more than 2,000 square metres, or(ii) a total floor area of more than 6,000 square metres,(c) the building is the subject of an application for erection, rebuilding, alteration, enlargement or extension, and(d) the plans and specifications for the erection, rebuilding, alteration, enlargement or extension provide for an alternative solution to meet the performance requirements contained in any one or more of the Category 2 fire safety provisions.(2) As soon as practicable after receiving an application for a construction certificate for a building to which this clause applies, the certifying authority must forward to the Fire Commissioner:(a) a copy of the application, and(b) a copy of the plans and specifications for the building, and(c) details of the performance requirements that the alternative solution is intended to meet, andwhich may be delivered by hand, forwarded by post or transmitted electronically, but may not be sent by facsimile transmission.(d) details of the assessment methods to be used to establish compliance with those performance requirements,(3) The Fire Commissioner must furnish the certifying authority with an initial fire safety report for the building.(4) An initial fire safety report may recommend conditions to be imposed on the erection, rebuilding, alteration, enlargement or extension of the building to which the report relates.(5) The certifying authority must not issue a construction certificate for a building to which this clause applies unless:(a) it has received an initial fire safety report for the building and has taken the report into consideration, or(b) at least 23 days have elapsed since the plans and specifications were forwarded to the Fire Commissioner but no such report has been received by the certifying authority.(6) If the certifying authority does not adopt any recommendation in an initial fire safety report:(a) because the report had not been received when the construction certificate was issued, orthe certifying authority must cause written notice to be given to the Fire Commissioner of the fact that it has not adopted the recommendation and of the reasons why it has not adopted the recommendation.(b) because the certifying authority does not agree with the recommendation,(7) If the certifying authority adopts any condition recommended by an initial fire safety report:(a) it must ensure that the terms of the recommended condition have been included in the plans and specifications for the building work, in the case of a condition whose terms are capable of being so included, or(b) it must attach to the construction certificate a condition in the same terms as those of the recommended condition, in the case of a condition whose terms are not capable of being so included.(8) Compliance with the requirement that the terms of a recommended condition be included in the plans and specifications for building work is sufficiently complied with:(a) if the plans and specifications are redrawn so as to accord with those terms, or(b) if those terms are included by way of an annotation (whether by way of insertion, deletion or alteration) marked on the relevant part of those plans and specifications.(9) In this clause:initial fire safety report means a written report specifying whether or not the Fire Commissioner is satisfied, on the basis of the documents referred to in subclause (2):(a) that the alternative solution will meet such of the performance requirements as it is intended to meet, and(b) that the fire hydrants in the proposed fire hydrant system will be accessible for use by New South Wales Fire Brigades, and(c) that the couplings in the system will be compatible with those of the fire appliances and equipment used by New South Wales Fire Brigades.