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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 13 November 2019 at 21:31)
Part 9 Division 4
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.
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 be made in the form approved by the Planning Secretary and 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.