Environmental Planning and Assessment Regulation 2000
Historical version for 26 March 2010 to 30 March 2010 (accessed 2 June 2020 at 05:15) Current version
Part 9
Part 9 Fire safety and matters concerning the Building Code of Australia
Division 1 Preliminary
165   Definitions
(cf clause 80 of EP&A Regulation 1994)
In this Part:
annual fire safety statement means a statement referred to in clause 175.
critical fire safety measure means a fire safety measure that is identified in a fire safety schedule or fire link conversion schedule as a critical fire safety measure, being a measure that is of such a nature, or is implemented in such an environment or in such circumstances, that the measure requires periodic assessment and certification at intervals of less than 12 months.
essential fire safety measure, in relation to a building, means a fire safety measure that is included:
(a)  in the fire safety schedule for the building, or
(b)  in the essential services (within the meaning of Ordinance No 70 under the Local Government Act 1919) attached to an approval or order referred to in Part 59 of that Ordinance, being an approval or order that was in force immediately before 1 July 1993, or
(c)  in the essential services (within the meaning of the Local Government (Approvals) Regulation 1993) attached to an approval referred to in clause 22 of that Regulation, being the latest such approval granted during the period from 1 July 1993 to 30 June 1997, or
(d)  in the essential services (within the meaning of the Local Government (Orders) Regulation 1993) attached to an order referred to in clause 6 (1) of that Regulation, being the latest such order given during the period from 1 July 1993 to 30 June 1997.
final fire safety certificate means a certificate referred to in clause 170.
fire exit, in relation to a building, means any exit to the building that has been provided in compliance with any requirement imposed by or under the Act or this Regulation or by or under any other law, whether or not that law is currently in force.
fire safety certificate means an interim fire safety certificate or a final fire safety certificate.
fire safety measure means any measure (including any item of equipment, form of construction or fire safety strategy) that is, or is proposed to be, implemented in a building to ensure the safety of persons using the building in the event of fire.
fire safety order means an order of the kind referred to in item 6 of the Table to section 121B of the Act and includes, if an order is subsequently made under section 121R of the Act, an order under that section.
fire safety statement means an annual fire safety statement or a supplementary fire safety statement.
fire-isolated, when used in connection with the words “stairway, passageway or ramp”, means a fire-isolated stairway, fire-isolated passageway or fire-isolated ramp, as the case may be, within the meaning of the Building Code of Australia.
interim fire safety certificate means a certificate referred to in clause 173.
statutory fire safety measure means a fire safety measure of a kind referred to in the Table to clause 166.
supplementary fire safety statement means a statement referred to in clause 178.
166   Statutory fire safety measures
(cf clause 80A of EP&A Regulation 1994)
The fire safety measures listed in the Table to this clause are statutory fire safety measures for the purposes of this Part.
Table
Access panels, doors and hoppers to fire-resisting shafts
Automatic fail-safe devices
Automatic fire detection and alarm systems
Automatic fire suppression systems
Emergency lifts
Emergency lighting
Emergency warning and intercommunication systems
Exit signs
Fire control centres and rooms
Fire dampers
Fire doors
Fire hydrant systems
Fire seals protecting openings in fire-resisting components of the building
Fire shutters
Fire windows
Hose reel systems
Lightweight construction
Mechanical air handling systems
Perimeter vehicle access for emergency vehicles
Portable fire extinguishers
Safety curtains in proscenium openings
Smoke alarms and heat alarms
Smoke and heat vents
Smoke dampers
Smoke detectors and heat detectors
Smoke doors
Solid core doors
Standby power systems
Wall-wetting sprinkler and drencher systems
Warning and operational signs
167   Application of Part
(cf clause 80B of EP&A Regulation 1994)
(1)  This Part applies to all buildings except as follows:
(a)  only Division 7A applies to class 1a and class 10 buildings,
(b)  only Division 8 applies to temporary structures.
(2)  In this clause, a reference to a class 1a or class 10 building:
(a)  in the case of the erection of a new building, is a reference to a building that will be a class 1a or class 10 building when completed, and
(b)  in the case of the rebuilding, alteration, enlargement or extension of an existing building, is a reference to an existing class 1a or class 10 building, and
(c)  in the case of the change of building use for a building, is a reference to a building that will be a class 1a or class 10 building as a result of the change of building use.
Division 2 Fire safety schedules
168   Fire safety schedules
(cf clause 80C of EP&A Regulation 1994)
(1)  When:
(a)  granting a development consent for a change of building use (other than a complying development certificate) in circumstances in which no building work is proposed by the applicant for the consent and no building work is required by the consent authority, or
(b)  issuing a complying development certificate for the erection of a building (other than a certificate that relates only to fire link conversion) or for a change of building use, or
(c)  issuing a construction certificate for proposed building work (other than a certificate that relates only to fire link conversion), or
(d)  giving a fire safety order in relation to building premises,
the person doing so must issue a schedule (a fire safety schedule) specifying the fire safety measures (both current and proposed) that should be implemented in the building premises.
(2)  In the case of a fire safety order in respect of which a further order is made under section 121R of the Act, the fire safety schedule is to be issued when the further order is given.
(3)  A fire safety schedule:
(a)  must deal with the whole of the building, not merely the part of the building to which the development consent, complying development certificate, construction certificate or fire safety order relates, and
(b)  must include:
(i)  such of the fire safety measures currently implemented in the building premises, and
(ii)  such of the fire safety measures proposed or required to be implemented in the building premises,
as are statutory fire safety measures, and
(c)  must distinguish between:
(i)  the fire safety measures currently implemented in the building premises, and
(ii)  the fire safety measures proposed or required to be implemented in the building premises, and
(d)  must identify each measure that is a critical fire safety measure and the intervals (being intervals of less than 12 months) at which supplementary fire safety statements must be given to the council in respect of each such measure, and
(e)  must specify the minimum standard of performance for each fire safety measure included in the schedule.
(4)  A copy of the fire safety schedule must be attached to (and is taken to form part of) the relevant development consent, complying development certificate, construction certificate or fire safety order and for the purposes of an appeal forms part of the development consent or construction certificate.
(5)  An earlier fire safety schedule is superseded by a later fire safety schedule, and ceases to have effect when the later fire safety schedule is issued.
168A   Conversion of fire alarm communication links
(1)  This clause applies to a complying development certificate or a construction certificate that relates only to fire link conversion.
(2)  A person issuing such a certificate must also issue:
(a)  if there is a current fire safety schedule for the building concerned, a schedule (a fire link conversion schedule) for the new fire alarm communication link, or
(b)  in any other case, a fire safety schedule dealing only with the new fire alarm communication link.
(3)  A fire link conversion schedule or fire safety schedule issued under this clause:
(a)  must specify the minimum standard of performance for the new fire alarm communication link, and
(b)  if the new fire alarm communication link is a critical fire safety measure, must identify the link as such and specify the intervals (being intervals of less than 12 months) at which supplementary fire safety statements must be given to the council.
(4)  If a fire link conversion schedule is issued, a copy of the schedule must be attached to the current fire safety schedule for the building concerned and the copy is taken, for the purposes of this Regulation, to form part of the fire safety schedule.
Note.
 This means that when the current fire safety schedule is updated, the updated fire safety schedule must incorporate not only the current fire safety schedule but also the fire link conversion schedule.
(5)  Clause 168 (4) applies to a fire link conversion schedule and a fire safety schedule issued under this clause.
Division 3 Fire safety orders
169   Fire safety schedules and fire safety certificates
(cf clause 80D of EP&A Regulation 1994)
(1)  As soon as practicable after making a fire safety order, a person must cause copies of the fire safety schedule required by clause 168 to be given to the council and to the Fire Commissioner.
(2)  A person to whom a fire safety order is given in relation to any building must, within the time specified in the order, cause copies of a final fire safety certificate for the building (being a certificate issued after the requirements of the order have been complied with) to be given to the person by whom the order was given (and, if that person was not the council, to the council).
Note.
 See also clause 172 which requires a copy of the ensuing fire safety certificate to be given to the Fire Commissioner.
Division 4 Fire safety certificates
170   What is a final fire safety certificate?
(cf clause 80E of EP&A Regulation 1994)
A final fire safety certificate is a certificate issued by or on behalf of the owner of a building to the effect that each essential fire safety measure specified in the current fire safety schedule for the building to which the certificate relates:
(a)  has been assessed by a properly qualified person, and
(b)  was found, when it was assessed, to be capable of performing to at least the standard required by the current fire safety schedule for the building for which the certificate is issued.
Note.
 A final fire safety certificate must be provided before a final occupation certificate can be issued for a building under clause 153 (1), and must also be provided if a fire safety order is made in relation to building premises.
Under clause 153 (1A), a final fire safety certificate that relates solely to a final occupation certificate for fire link conversion need only deal with the new fire alarm communication link and not with other essential fire safety measures.
171   Issue of final fire safety certificates
(1)  The assessment of essential fire safety measures must have been carried out within the period of 3 months prior to the date on which a final fire safety certificate is issued.
(2)  The choice of person to carry out an assessment is up to the owner of the building.
(3)  A person who carries out an assessment:
(a)  must inspect and verify the performance of each fire safety measure being assessed, and
(b)  must test the operation of each new item of equipment installed in the building premises that is included in the current fire safety schedule for the building.
(4)  A final fire safety certificate issued in relation to work that has been authorised or required by a development consent, construction certificate or fire safety order need not deal with any essential fire safety measure the subject of some other final fire safety certificate or fire safety statement issued within the previous 6 months, unless the person by whom the development consent, construction certificate or fire safety order is issued or given otherwise determines.
(5)  The person by whom the development consent, construction certificate or fire safety order is issued or given may make such a determination only if:
(a)  the person is of the opinion that the measure will be affected by the work, and
(b)  the person has specified in the fire safety schedule attached to the development consent, construction certificate or fire safety order that the final fire safety certificate issued in relation to the work must deal with that measure.
172   Final fire safety certificate to be given to Fire Commissioner and prominently displayed in building
(1)  As soon as practicable after a final fire safety certificate is issued, the owner of the building to which it relates:
(a)  must cause a copy of the certificate (together with a copy of the current fire safety schedule) to be given to the Fire Commissioner, and
(b)  must cause a further copy of the certificate (together with a copy of the current fire safety schedule) to be prominently displayed in the building.
(2)  Subclause (1) (b) ceases to apply to a final fire safety certificate only when every essential fire safety measure with which it deals has become the subject of a later fire safety certificate or fire safety statement.
173   What is an interim fire safety certificate?
(cf clause 80F of EP&A Regulation 1994)
(1)  An interim fire safety certificate is a certificate issued by the owner of a building to the effect that each essential fire safety measure specified in the current fire safety schedule for the part of the building to which the certificate relates:
(a)  has been assessed by a properly qualified person, and
(b)  was found, when it was assessed, to be capable of performing to at least the standard required by the current fire safety schedule for the building for which the certificate is issued.
(2)  The provisions of clause 171 and 172 apply to an interim fire safety certificate in the same way as they apply to a final fire safety certificate.
Note.
 An interim fire safety certificate (or a final fire safety certificate) must be provided before an interim occupation certificate can be issued for a building under clause 153 (2).
174   Form of fire safety certificates
(cf clause 80G of EP&A Regulation 1994)
(1)  A fire safety certificate for a building or part of a building must contain the following information:
(a)  the name and address of the owner of the building or part,
(b)  a description of the building or part (including its address),
(c)  a list identifying each essential fire safety measure in the building or part, together with the minimum standard of performance specified in the relevant fire safety schedule in relation to each such measure,
(d)  the date or dates on which the essential fire safety measures were assessed,
(e)  the type of certificate being issued (that is, final or interim),
(f)  a statement to the effect referred to in clause 170 (for a final certificate) or clause 173 (for an interim certificate),
(g)  the date on which the certificate is issued.
(2)  A fire safety certificate for a building or part of a building must be accompanied by a fire safety schedule for the building or part.
Division 5 Fire safety statements
175   What is an annual fire safety statement?
(cf clause 80GA of EP&A Regulation 1994)
An annual fire safety statement is a statement issued by or on behalf of the owner of a building to the effect that:
(a)  each essential fire safety measure specified in the statement has been assessed by a properly qualified person and was found, when it was assessed, to be capable of performing:
(i)  in the case of an essential fire safety measure applicable by virtue of a fire safety schedule, to a standard no less than that specified in the schedule, or
(ii)  in the case of an essential fire safety measure applicable otherwise than by virtue of a fire safety schedule, to a standard no less than that to which the measure was originally designed and implemented, and
(b)  the building has been inspected by a properly qualified person and was found, when it was inspected, to be in a condition that did not disclose any grounds for a prosecution under Division 7.
176   Issue of annual fire safety statements
(1)  The assessment and inspection of an essential fire safety measure or building must have been carried out within the period of 3 months prior to the date on which the annual fire safety statement is issued.
(2)  The choice of person to carry out an assessment or inspection is up to the owner of the building.
(3)  The person who carries out an assessment must inspect and verify the performance of each fire safety measure being assessed.
177   Annual fire safety statement to be given to council and Fire Commissioner and prominently displayed in building
(cf clause 80GB of EP&A Regulation 1994)
(1)  Each year, the owner of a building to which an essential fire safety measure is applicable must cause the council to be given an annual fire safety statement for the building.
(2)  An annual fire safety statement for a building:
(a)  must deal with each essential fire safety measure in the building premises, and
(b)  must be given:
(i)  within 12 months after the date on which an annual fire safety statement was previously given, or
(ii)  if a fire safety certificate has been issued within the previous 12 months, within 12 months after the fire safety certificate was issued,
whichever is the later.
(2A)  Failure to give an annual fire safety statement to the council within the time prescribed by subclause (2) (b) constitutes a separate offence for each week beyond the expiry of that time for which the failure continues.
(3)  As soon as practicable after an annual fire safety statement is issued, the owner of the building to which it relates:
(a)  must cause a copy of the statement (together with a copy of the current fire safety schedule) to be given to the Fire Commissioner, and
(b)  must cause a further copy of the statement (together with a copy of the current fire safety schedule) to be prominently displayed in the building.
(4)  Subclause (3) (b) ceases to apply to an annual fire safety statement only when every essential fire safety measure with which it deals has become the subject of a later fire safety certificate or fire safety statement.
178   What is a supplementary fire safety statement?
(cf clause 80GC of EP&A Regulation 1994)
A supplementary fire safety statement is a statement issued by the owner of a building to the effect that each critical fire safety measure specified in the statement has been assessed by a properly qualified person and was found, when it was assessed, to be capable of performing to at least the standard required by the current fire safety schedule for the building for which the statement is issued.
179   Issue of supplementary fire safety statements
(1)  The assessment of a critical fire safety measure must have been carried out within the period of one month prior to the date on which the supplementary fire safety statement is issued.
(2)  The choice of person to carry out the assessment is up to the owner of the building.
(3)  The person who carries out the assessment must inspect and verify the performance of each fire safety measure being assessed.
180   Supplementary fire safety statement to be given to council and Fire Commissioner and prominently displayed in building
(cf clause 80GD of EP&A Regulation 1994)
(1)  The owner of building premises in which a critical fire safety measure is implemented must cause the council to be given periodic supplementary fire safety statements for that measure.
(2)  A supplementary fire safety statement for a critical fire safety measure must be given at such intervals (being intervals of less than 12 months) as is specified in respect of that measure in the current fire safety schedule for the building.
(2A)  Failure to give a supplementary fire safety statement to the council within the time required by the current fire safety schedule for the building constitutes a separate offence for each week beyond the expiry of that time for which the failure continues.
(3)  As soon as practicable after a supplementary fire safety statement is issued, the owner of the building to which it relates:
(a)  must cause a copy of the statement (together with a copy of the current fire safety schedule) to be given to the Fire Commissioner, and
(b)  must cause a further copy of the statement (together with a copy of the current fire safety schedule) to be prominently displayed in the building.
(4)  Subclause (3) (b) ceases to apply to a supplementary fire safety statement only when every critical fire safety measure with which it deals has become the subject of a later fire safety certificate or fire safety statement.
181   Form of fire safety statements
(cf clause 80GE of EP&A Regulation 1994)
(1)  A fire safety statement for a building or part of a building must contain the following information:
(a)  the name and address of the owner of the building or part,
(b)  a description of the building or part (including its address),
(c)  a list identifying:
(i)  each essential fire safety measure in the building or part (for an annual statement), or
(ii)  each critical fire safety measure in the building or part (for a supplementary statement),
together with the minimum standard of performance specified in the relevant fire safety schedule in relation to each such measure,
(d)  the date or dates on which the essential fire safety measures were assessed,
(e)  the date on which the building or part was inspected,
(f)  the type of statement being issued (that is, annual or supplementary),
(g)  a statement to the effect referred to in clause 175 (for an annual statement) or clause 178 (for a supplementary statement),
(h)  the date on which the statement is issued.
(2)  A fire safety statement for a building or part of a building must be accompanied by a fire safety schedule for the building or part.
Division 6 Fire safety maintenance
182   Essential fire safety measures to be maintained
(cf clause 80GF of EP&A Regulation 1994)
(1)  The owner of a building to which an essential fire safety measure is applicable must not fail to maintain each essential fire safety measure in the building premises:
(a)  in the case of an essential fire safety measure applicable by virtue of a fire safety schedule, to a standard no less than that specified in the schedule, or
(b)  in the case of an essential fire safety measure applicable otherwise than by virtue of a fire safety schedule, to a standard no less than that to which the measure was originally designed and implemented.
(2)  As soon as practicable after receiving a request in that regard from the owner of a building to which an essential fire safety measure is applicable otherwise than by virtue of a fire safety schedule, the council must provide the owner with a schedule of the essential fire safety measures for the building premises.
Division 7 Miscellaneous fire safety offences
183   Fire safety notices
(cf clause 80GG of EP&A Regulation 1994)
(1)  If:
(a)  a building’s fire exit includes any fire-isolated stairway, passageway or ramp, and
(b)  a notice in the form at the end of this clause is not at all times displayed in a conspicuous position adjacent to a doorway providing access to, but not within, that stairway, passageway or ramp,
the occupier of the part of the premises adjacent to the stairway, passageway or ramp is guilty of an offence.
Maximum penalty: 100 penalty units.
(2)  The words “OFFENCE RELATING TO FIRE EXITS” in the notice referred to in subclause (1) (b) must be in letters at least 8 millimetres high, and the remaining words must be in letters at least 2.5 millimetres high.
(3)  A notice in the form prescribed under the Local Government Act 1919 or the Local Government Act 1993 for the purposes of a provision corresponding to this clause is taken to comply with the requirements of this clause.
OFFENCE RELATING TO FIRE EXITS
It is an offence under the Environmental Planning and Assessment Act 1979:
(a)  to place anything in or near this fire exit that may obstruct persons moving to and from the exit, or
(b)  to interfere with or obstruct the operation of any fire doors, or
(c)  to remove, damage or otherwise interfere with this notice.
184   Fire exits
(cf clause 80GH of EP&A Regulation 1994)
A person must not:
(a)  place anything that may impede the free passage of persons:
(i)  in a stairway, passageway or ramp serving as or forming part of a building’s fire exit, or
(ii)  in a path of travel leading to a building’s fire exit, or
(b)  interfere with, or cause obstruction or impediment to, the operation of any fire doors providing access to a stairway, passageway or ramp serving as or forming part of a building’s fire exit, or
(c)  remove, damage or otherwise interfere with a notice referred to in clause 183.
Maximum penalty: 100 penalty units.
185   Doors relating to fire exits
(cf clause 80GI of EP&A Regulation 1994)
A person must not:
(a)  without lawful excuse, interfere with, or cause obstruction or impediment to, the operation of any door that:
(i)  serves as or forms part of a building’s fire exit, or
(ii)  is situated in a path of travel leading to a building’s fire exit, or
(b)  without lawful excuse, obstruct any doorway that:
(i)  serves as or forms part of a building’s fire exit, or
(ii)  is situated in a path of travel leading to a building’s fire exit.
Maximum penalty: 100 penalty units.
186   Paths of travel to fire exits
(cf clause 80GJ of EP&A Regulation 1994)
The owner of a building:
(a)  must ensure that:
(i)  any stairway, passageway or ramp serving as or forming part of a building’s fire exit, and
(ii)  any path of travel leading to a building’s fire exit,
is kept clear of anything that may impede the free passage of persons, and
(b)  must ensure that the operation of any door that:
(i)  serves as or forms part of a building’s fire exit, or
(ii)  is situated in a path of travel leading to a building’s fire exit,
is not interfered with, or otherwise obstructed or impeded, except with lawful excuse, and
(c)  must ensure that any notice required by clause 183 to be displayed is so displayed.
Maximum penalty: 100 penalty units.
Division 7A Smoke Alarms
186A   Owners of existing buildings and dwellings must ensure smoke alarms are installed
(1)  Despite any other provision of this clause, this clause does not apply to any of the following:
(a)  those buildings or parts of a building in which smoke alarms or smoke detection and alarm systems are installed, or are required to be installed, in accordance with a requirement under the Act or any other Act or law (including an order or a condition of an approval),
Note.
 An example of a requirement under the Act is an order under section 121B of the Act requiring the installation of smoke alarms or smoke detection and alarm systems.
(b)  those buildings or parts of buildings occupied by a public authority, but only if the Minister responsible for the public authority has determined, by order published in the Gazette, that those buildings or parts of buildings are not to be subject to this clause,
(c)  buildings in which no person sleeps.
(2)  The owner of a class 1a building or relocatable home must ensure that the building or home is equipped with smoke alarms that are located, on or near the ceiling:
(a)  in any storey of the building or home containing bedrooms—in every corridor or hallway associated with a bedroom, and if there is no such corridor or hallway associated with a bedroom, between that part of the building or home containing the bedroom and the remainder of the building or home, and
(b)  in any other storey of the building not containing bedrooms.
(3)  The owner of a class 1b building must ensure that the building is equipped with smoke alarms that are located, on or near the ceiling:
(a)  in any storey of the building containing bedrooms:
(i)  in every bedroom, and
(ii)  in every corridor or hallway associated with a bedroom, and if there is no such corridor or hallway associated with a bedroom, between each part of the building containing the bedroom and the remainder of the building, and
(b)  in any other storey of the building not containing bedrooms.
(4)  The owner of a dwelling within a class 2 building or, that is a class 4 part of a building, must ensure that the dwelling is equipped with smoke alarms that are located, on or near the ceiling:
(a)  in any storey of the dwelling containing bedrooms—in every corridor or hallway associated with a bedroom, and if there is no such corridor or hallway associated with a bedroom, between each part of the dwelling containing the bedroom and the remainder of the dwelling, and
(b)  in any other storey of the dwelling not containing bedrooms.
(5)  The owner of a class 3 building must ensure that:
(a)  each sole-occupancy unit, in any storey of the unit containing bedrooms, is equipped with smoke alarms that are located, on or near the ceiling in every corridor or hallway associated with a bedroom, and if there is no such corridor or hallway associated with a bedroom, between each part of the unit containing the bedroom and the remainder of the unit, and
(b)  each sole-occupancy unit, in any storey of the unit not containing bedrooms, is equipped with smoke alarms that are located on or near the ceiling, and
(c)  if the building does not have a functioning sprinkler system, each habitable room not within a sole-occupancy room, each public corridor and any other internal public space is equipped with smoke alarms that are located in those places where AS 1670.1 requires smoke detectors to be located.
(6)  The owner of a class 9a building that is a health care building must ensure that each patient care area, each public corridor and any other internal public space associated with a patient care area, are equipped with smoke alarms that are located in those places where AS 1670.1 requires smoke detectors to be located.
(7)  Despite subclauses (2), (4) and (5), the owner of a dwelling or unit that consists substantially of a single room (containing sleeping facilities and other facilities) satisfies the requirements of subclauses (2), (4) and (5) (a) and (b) if he or she ensures that the dwelling or unit is equipped with a smoke alarm that is located on or near the ceiling between the sleeping facilities and the rest of the dwelling or unit.
(8)  An order under subclause (1) (b) may specify a particular building or part of a building or a class of buildings or parts of buildings.
(9)  In this clause:
approval means any consent, licence, permit, permission or authorisation that is required, under an Act or law, to be obtained before development may be carried out.
AS 1670.1 means AS 1670.1—2004, Fire detection, warning, control and intercom systems—System design, installation and commissioning—Part 1: Fire as in force from time to time.
class 1a building means, in relation to a building that forms part of a strata scheme, the lot containing a dwelling within the building.
health care building means a building (other than a clinic, day surgery, day procedure unit or medical centre) occupied by persons receiving full-time care or patients undergoing medical treatment, being persons of a kind who generally require physical assistance to evacuate the building in an emergency, and includes the following:
(a)  a nursing home,
(b)  a facility under the control of a public health organisation within the meaning of the Health Services Act 1997,
(c)  a private health facility licensed under the Private Health Facilities Act 2007.
nursing home means a facility at which a high level of residential care (within the meaning of the Aged Care Act 1997 of the Commonwealth) is provided.
order means an order made under the Act or any other Act or law.
patient care area has the same meaning as it has in the Building Code of Australia but does not include any bathroom, ensuite bathing area or toilet area.
relocatable home means:
(a)  a manufactured home, or
(b)  any other moveable dwelling (whether or not self-contained) that comprises one or more major sections, including any associated structure that forms part of the dwelling,
but does not include a tent, caravan or campervan or any moveable dwelling that is capable of being registered under the Road Transport (Vehicle Registration) Act 1997.
sole-occupancy unit has the same meaning as it has in the Building Code of Australia.
186B   Specifications for smoke alarms
(1)  A smoke alarm installed under this Division is to be functioning and is to comply with the requirements of AS 3786.
(2)  Despite the requirements of AS 3786, a smoke alarm that is required under clause 186A to be installed in a class 1b, class 3 or class 9a building is to be powered:
(a)  from the mains electricity supply, or
(b)  by a non-removable battery with a minimum life expectancy of 10 years that is connected to the smoke alarm.
Note.
 AS 3786 permits smoke alarms to be powered by batteries or mains electricity supply. Smoke alarms in buildings that are relocatable homes or class 1a or class 2 buildings or class 4 parts of buildings will be able to use any of the power sources specified by AS 3786.
(3)  Despite any other provision of this Division, a heat alarm may be used in the place of a smoke alarm in any kitchen or other area where it is likely to be inappropriately activated.
(4)  In this clause:
AS 3786 means AS 3786—1993, Smoke alarms as in force from time to time.
(5)  A functioning smoke alarm installed in a class 1a or class 2 building, a relocatable home or a class 4 part of a building before the commencement of this clause is taken to comply with the requirements of this clause until such time as the alarm is removed or ceases to function.
186C   Persons must not remove or interfere with smoke alarms
(1)  A person must not, without reasonable excuse, remove or interfere with the operation of a smoke alarm or heat alarm that has been installed in a building in which persons sleep.
(2)  Without limiting subclause (1), a person does not commit an offence under this clause if the person removes or interferes with the operation of a smoke alarm or heat alarm to repair, maintain or replace the smoke alarm or heat alarm.
(3)  This clause applies to alarms installed before or after the commencement of this Division.
186D   No development consent or consent of owners corporation required to install smoke alarms
(1)  Development consent under Part 4 of the Act and the consent of an owners corporation is not required to install a smoke alarm or heat alarm.
(2)  Subclause (1) is subject to the condition that, in circumstances where the installation of a smoke alarm or heat alarm causes damage to any part of common property, the person who installs the alarm must repair the damage.
(3)  In this clause:
common property and owners corporation have the same meanings that they have in the Strata Schemes Management Act 1996.
186E   Smoke alarms and heat alarms in certain existing buildings taken to be essential fire services
(1)  This clause applies to a building for which a fire safety schedule is issued before the commencement of this clause.
(2)  A smoke alarm or heat alarm installed under this Division is taken to be an essential fire safety measure that is specified in the fire safety schedule for the building for the purposes of this Part (other than clauses 175 (a) (i) and 182 (1) (a)).
(3)  Clauses 175 (a) (ii) and 182 (1) (b) apply to a smoke alarm or heat alarm taken to be an essential fire safety measure under this clause.
186F   Transitional provisions relating to obligations under this Division
(1)  A legal obligation under clause 186A to install a smoke alarm does not arise until 6 months after the commencement of this Division.
(2)  A person is not liable for an offence under this Division (other than an offence under clause 186C) in respect of any act or omission that occurs within 6 months after the commencement of this Division.
(3)  However, subclause (2) does not apply to any failure to comply with the requirements of this Division that continues after 6 months after that commencement.
Division 8 Miscellaneous
187   Modification and supplementation of Building Code of Australia standards
(cf clause 80H of EP&A Regulation 1994)
(1)  This clause applies to development the subject of:
(a)  a development application or an application for a complying development certificate for the change of building use of an existing building where the application does not seek any alteration, enlargement or extension of the building, or
(a1)    (Repealed)
(a2)  a development application or an application for a complying development certificate for the use of a building as an entertainment venue, or
(a3)    (Repealed)
(b)  an application for a construction certificate for building work, other than building work associated with a change of building use referred to in paragraph (a).
(2)  The applicant in relation to development to which this clause applies may lodge with the consent authority or certifying authority an objection:
(a)  that the Building Code of Australia (as applied by or under clause 98 or 136A) does not make appropriate provision with respect to:
(i)  the building in relation to which the change of building use is sought, or
(ia)  the building proposed to be used as an entertainment venue, or
(ib)    (Repealed)
(ii)  the proposed building work, or
(b)  that compliance with any specified provision of the Building Code of Australia (as applied by or under clause 98 or 136A) is unreasonable or unnecessary in the particular circumstances of the case.
Note.
 This clause does not authorise the making of an objection to a condition imposed on a development consent otherwise than by operation of clause 98 or 136A. So if a consent authority requires the provision of specified fire safety equipment, an objection to that requirement cannot be made merely because the requirement happens to be the same as a requirement imposed by the Building Code of Australia. Nor can it be made if the consent authority requires the development to be carried out in accordance with the Building Code of Australia, as the requirement then arises not from the Building Code of Australia (as applied by clause 98 or 136A) but from the Building Code of Australia (as applied by the terms of the condition).
(3)  In the case of an objection with respect to a Category 3 fire safety provision (as applied by or under clause 98 or 136A), the objection:
(a)  must indicate that a similar objection has been made to the Fire Commissioner, and
(b)  must be accompanied by a copy of the Fire Commissioner’s determination of the objection.
(4)  An objection may not be made with respect to a Category 1 fire safety provision (as applied by or under clause 98 or 136A) by an applicant in relation to development the subject of an application referred to in subclause (1) (a) or (a2) if the application has already been determined by the granting of development consent.
(5)  The applicant must specify the grounds of the objection and (in the case of proposed building work) must furnish the consent authority or certifying authority with a copy of the plans and specifications for the building work.
(6)  If the consent authority or certifying authority is satisfied that the objection is well founded, it may do either or both of the following:
(a)  it may exempt the development, either conditionally or unconditionally, from any specified provision of the Building Code of Australia (as applied by or under clause 98 or 136A),
(b)  it may direct that specified requirements are to apply to the proposed building work.
(7)  A consent authority or certifying authority may not take action under this clause except with the concurrence of the Director-General.
(8)  The Director-General:
(a)  may give the consent authority or certifying authority notice that concurrence may be assumed, in relation to any particular class of objections, subject to such conditions as are specified in the notice, and
(b)  may amend any such notice by a further notice given to that consent authority or certifying authority.
(9)  Action taken in accordance with a notice referred to in subclause (8) is as valid as it would be if the consent authority or certifying authority had obtained the concurrence of the Director-General.
(10)  Concurrence is to be assumed if at least 40 days have passed since concurrence was sought and the Director-General has not, within that period, expressly refused concurrence.
(11)  Any exemption or direction given by the consent authority or certifying authority under this clause must be given subject to, and must not be inconsistent with, any conditions to which the concurrence of the Director-General is subject.
(12)  When granting development consent for development the subject of an application referred to in subclause (1) (a) or (a2), the consent authority must ensure that the terms of any condition referred to in subclause (6) (a) and any requirement referred to in subclause (6) (b):
(a)  have been included in the plans and specifications for the building work or temporary structure, in the case of a condition whose terms are capable of being so included, or
(b)  are included in the conditions attached to the development consent, in the case of a condition whose terms are not capable of being so included.
(13)  When issuing a construction certificate for building work the subject of an application referred to in subclause (1) (b), the certifying authority must ensure that the terms of any condition referred to in subclause (6) (a) and any requirement referred to in subclause (6) (b):
(a)  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)  are included in the conditions attached to the certificate, in the case of a condition whose terms are not capable of being so included.
(14)  Compliance with the requirement that the terms of a condition be included in the plans and specifications for building work or a temporary structure 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.
188   Exemption from fire safety standards
(cf clause 80I of EP&A Regulation 1994)
(1)  This clause applies to development the subject of:
(a)  a development application or an application for a complying development certificate for the change of building use of an existing building where the application does not seek any alteration, enlargement or extension of the building, or
(a1)    (Repealed)
(b)  an application for a construction certificate for building work, other than building work associated with a change of building use referred to in paragraph (a).
Note.
 This clause does not authorise the making of an objection to a condition imposed on a development consent otherwise than by operation of clause 98 or 136A. So if a consent authority requires the provision of specified fire safety equipment, an objection to that requirement cannot be made merely because the requirement happens to be the same as a requirement imposed by the Building Code of Australia. Nor can it be made if the consent authority requires the development to be carried out in accordance with the Building Code of Australia, as the requirement then arises not from the Building Code of Australia (as applied by clause 98 or 136A) but from the Building Code of Australia (as applied by the terms of the condition).
(2)  The applicant in relation to development to which this clause applies may lodge with the Fire Commissioner an objection that compliance with any specified Category 3 fire safety provision (as applied by clause 98 or 136A) is unreasonable or unnecessary in the particular circumstances of the case.
(3)  The applicant must specify the grounds of the objection and (in the case of proposed building work) must furnish the Fire Commissioner with a copy of the plans and specifications for the building work.
(4)  If the Fire Commissioner is satisfied that the objection is well founded, the Fire Commissioner may exempt the development, either conditionally or unconditionally, from any specified Category 3 fire safety provision (as applied by clause 98 or 136A).
(5)  When granting development consent for development the subject of an application referred to in subclause (1) (a), a consent authority must ensure that the terms of any condition referred to in subclause (4):
(a)  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)  are included in the conditions attached to the development consent, in the case of a condition whose terms are not capable of being so included.
(6)  When issuing a construction certificate for building work the subject of an application referred to in subclause (1) (b), a certifying authority must ensure that the terms of any condition referred to in subclause (4):
(a)  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)  are included in the conditions attached to the certificate, in the case of a condition whose terms are not capable of being so included.
(7)  Compliance with the requirement that the terms of a 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.
189   Prescribed matters for inspection by NSW Fire Brigades: section 118L (1) (b) of the Act
(cf clause 80J of EP&A Regulation 1994)
For the purposes of section 118L (1) (b) of the Act, the following provisions are prescribed:
(a)  such of the provisions of Division 2A of Part 6 of the Act as relate to compliance with a fire safety order,
(b)  such of the provisions of clauses 172 (1) (b), 177 (3) (b), 180 (3) (b) and 182 (2) as relate to the implementation, maintenance or certification of essential fire safety measures for building premises,
(c)  such of the provisions of Division 7 as relate to fire safety notices, fire exits, doors relating to fire exits and paths of travel to fire exits.
190   Offences relating to certain Crown property
(cf clause 80K of EP&A Regulation 1994)
No proceedings may be taken for an offence under this Part with respect to a building:
(a)  that is situated on a reserve within the meaning of Part 5 of the Crown Lands Act 1989, or
(b)  that is a School of Arts or Mechanics Institute,
except with the consent of the Minister given after consultation with the Minister administering the Crown Lands Act 1989.