Environmental Planning and Assessment Regulation 2000
Historical version for 1 March 2018 to 15 March 2018 (accessed 6 June 2020 at 12:38) Current version
Part 8 Division 3 Clause 153
153   Fire safety certificates: section 109H
(cf clause 79N of EP&A Regulation 1994)
(1)  For the purposes of section 109H (5) (d) and (6) (c) of the Act, a final occupation certificate authorising a person:
(a)  to commence occupation or use of a new building, or
(b)  to commence a change of use for an existing building,
must not be issued unless a final fire safety certificate has been issued for the building (if a fire safety schedule is required under Part 9).
(1A)    (Repealed)
(1B)  If the need for the final occupation certificate arises solely from the installation of a fire sprinkler system that is required to be installed under Division 7B of Part 9 of this Regulation, the final fire safety certificate referred to in subclause (1) need only deal with the new fire sprinkler system.
(2)  For the purposes of section 109H (3) (d) and (4) (c) of the Act, an interim occupation certificate authorising a person:
(a)  to commence occupation or use of a partially completed new building, or
(b)  to commence a change of use for part of an existing building,
must not be issued unless a final fire safety certificate or an interim fire safety certificate has been issued for the relevant part of the building.
(3)  This clause does not apply to a class 1a or class 10 building within the meaning of clause 167 or to a temporary structure.
(4)  In this clause:
interim fire safety certificate has the same meaning as it has in Part 9.
final fire safety certificate has the same meaning as it has in Part 9.
new building has the same meaning as it has in section 109H of the Act.