Environmental Planning and Assessment Regulation 2000
Historical version for 1 January 2008 to 31 January 2008 (accessed 15 August 2020 at 11:42) Current version
Part 8 Division 2 Clause 143
143   Fire protection and structural capacity
(cf clause 79E of EP&A Regulation 1994)
(1)  A certifying authority must not issue a construction certificate for building work under a development consent that authorises a change of building use unless:
(a)  the fire protection and structural capacity of the building will be appropriate to its new use, and
(b)  the building will comply with such of the Category 1 fire safety provisions as are applicable to the new use,
assuming that the building work is carried out in accordance with the plans and specifications to which the construction certificate relates and any conditions to which the construction certificate is subject.
(2)  Subclause (1) (b) does not apply to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4).
(3)  In the case of building work that involves the alteration, enlargement or extension of an existing building in circumstances in which no change of building use is proposed, a certifying authority must not issue a construction certificate for the work unless, on completion of the building work, the fire protection and structural capacity of the building will not be reduced, assuming that the building work is carried out in accordance with the plans and specifications to which the construction certificate relates and any conditions to which the construction certificate is subject.
(4)  This clause does not apply to building work required by a consent authority as a condition of a development consent that authorises a change of building use.