Environmental Planning and Assessment Regulation 2000
Historical version for 1 March 2018 to 15 March 2018 (accessed 12 August 2020 at 09:54) Current version
Part 8 Division 5 Clause 162D
162D   Council to be notified of significant fire safety issues
(1)  A certifying authority is required to give written notice to the council in accordance with this clause if:
(a)  an application has been made to the certifying authority for a Part 4A certificate affecting an existing building, and
(b)  the building is a class 1b, 2, 3, 4, 5, 6, 7, 8 or 9 building, and
(c)  at any time between the application being received and the issue of the Part 4A certificate, the certifying authority becomes aware (when carrying out an inspection or otherwise) of a significant fire safety issue with any part of the building.
(2)  A principal certifying authority is required to give written notice to the council in accordance with this clause if:
(a)  the principal certifying authority has been appointed under section 109E of the Act in relation to building work affecting an existing building, and
(b)  the building is a class 1b, 2, 3, 4, 5, 6, 7, 8 or 9 building, and
(c)  at any time between the appointment under section 109E and the issue of an occupation certificate in respect of the building work, the principal certifying authority becomes aware (when carrying out an inspection or otherwise) of a significant fire safety issue with the building.
(3)  The notice:
(a)  must describe the fire safety issue and the parts of the building affected by the issue, and
(b)  must be made within 2 days after the certifying authority or principal certifying authority becomes aware of the fire safety issue.
(4)  However, the certifying authority or principal certifying authority is not required to give notice if the fire safety issue is being addressed:
(a)  by a fire safety order, or
(b)  by development that affects the building, being development that is the subject of a development consent (including a complying development certificate) or a construction certificate.
(5)  To avoid doubt, this clause extends to a council that is a certifying authority or principal certifying authority.