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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Current version for 13 September 2019 to date (accessed 19 November 2019 at 06:59)
Part 9 Division 2
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 or for a change of building use, or
(c)  issuing a construction certificate for proposed building work, 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.
(2A)  Despite subclause (1) (b), (c) and (d), a fire safety schedule is not required to be issued if—
(a)  the work for which a complying development certificate or construction certificate is to be issued relates only to—
(i)  an alteration to a hydraulic fire safety system, or
(ii)  the installation of a fixed on-site pumpset and the construction of a new external pumphouse to accommodate that pumpset, and
(b)  the carrying out of that work does not result in a permanent reduction of the fire protection provided by the existing hydraulic fire safety system that will be the subject of that work, and
(c)  there is notice, in respect of the premises on which the works are to be carried out, of a past, current or proposed action by or on behalf of a water utility to install mains pressure reduction capability or to implement mains pressure reduction.
Note.
 Pursuant to clause 167, a fire safety schedule is also not required in relation to a class 1a building, a class 10 building or a temporary structure.
(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   (Repealed)
168B   Installation of fire sprinkler systems in certain residential aged care facilities
(1)  This clause applies to a complying development certificate or a construction certificate that relates only to the installation of a fire sprinkler system that is required to be installed under Division 7B of Part 9 of this Regulation.
(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 sprinkler system installation schedule) for the new fire sprinkler system, or
(b)  in any other case, a fire safety schedule dealing only with the new fire sprinkler system.
(3)  A fire sprinkler system installation schedule or fire safety schedule issued under this clause—
(a)  must specify the minimum standard of performance for the new fire sprinkler system, and
(b)  if the new fire sprinkler system is a critical fire safety measure, must identify the system 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 sprinkler system installation 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 sprinkler system installation schedule.
(5)  Clause 168 (4) applies to a fire sprinkler system installation schedule and a fire safety schedule issued under this clause.