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Environmental Planning and Assessment Regulation 2000
Current version for 13 September 2019 to date (accessed 17 September 2019 at 02:35)
152 Reports of Fire Commissioner: section 109H
(cf clause 79M of EP&A Regulation 1994)
(1) This clause applies to a building to which clause 144 applies.(2) Unless it has already refused such an application, a certifying authority must request the Fire Commissioner to furnish it with a final fire safety report for a building as soon as practicable after receiving an application for an occupation certificate for the building.(3) If it refuses the application after making such a request but before receiving a final fire safety report, the certifying authority must cause notice of the refusal to be given to the Fire Commissioner.(4) If a request has been made to the Fire Commissioner under this clause and no notice of the refusal of the application has been received by him or her, the Fire Commissioner may furnish the certifying authority with a final fire safety report for the building.(5) The certifying authority must not issue an occupation certificate for the building unless it has taken into consideration any final fire safety report for the building that has been furnished to it within 10 days after the Fire Commissioner receives the request for the report.(5A) If the Fire Commissioner furnished a report for a building under clause 152A, the Fire Commissioner is not required to also prepare a separate report under this clause.(6) In this clause—final fire safety report for a building means a written report specifying whether or not the Fire Commissioner is satisfied—(a) that the building work complies with any alternative solution in respect of a Category 2 fire safety provision that was the subject of the construction certificate, and(b) that all of the fire hydrants in the fire hydrant system will be accessible for use by Fire and Rescue NSW, and(c) that all of the couplings in the fire hydrant system will be compatible with those of the fire appliances and equipment used by Fire and Rescue NSW.