CC Regulatory Assessment

Title Page

Development Site address
BHCC Application reference
NSW Planning Portal Reference
Development Description
Conducted on
Prepared by

General Application Check

Has consent been granted for the development?
The Construction certificate cannot be issued unless there is a consent for the work.
The application will need to be rechecked once the consent has been obtained to ensure the CC is consistent with the consent.
Is the value of the building works less than $250,000?
The Long Service Levey is not applicable to this work.
Refer Building and Construction Industry Long Service Payments Regulation 2022, clause 12
Has the Long Service Levy been paid?
The Construction Certificate cannot be issued until the levy has been paid (s6.8(1)(b), EP&A Act).
Have NO building works to which this CC relates physically commenced on the land?
A construction certificate has no effect if it is issued after the building work to which it relates is physically commenced on the land to which the relevant development consent applies (S6.8(2), EP&A Act).
Has the application been lodged via the NSW Planning Portal?
7(1)(c) EP&A(DCFS) Reg 2021 requires applications for Construction certificates to be lodged on the NSW Planning Portal.
Is the applicant a person who is eligible to appoint a Principal Certifier for the development? 7(2) EP&A(DCFS) Reg 2021
The application cannot proceed.
7(2) EP&A(DCFS) Reg 2021 prescribes that an application for a construction certificate may ONLY be made by a person who is eligible to appoint the principal certifier for the development.
Have the documents and information required by the regulation been provided with the application? Refer 8, 9 & 10 EP&A(DCFS) Reg 2021 It is recommended a separate checklist be used to ensure all the relevant information and documentation is provided.
The documents should be requested or the application returned.
Section 8(2) specifies the application MUST be accompanied by:
(a) a detailed description of the development, and
(b) appropriate building work plans and specifications.
Is there a contract for the certification work in place?
Section 31 of the BDC Act 2018 requires that a registered certifier must not carry out certification work for a person unless the work is carried out under a written contract between—
(a) the person and a council, if the person has appointed the council to carry out the certification work, or
(b) the person and the registered certifier or the employer of the registered certifier, in any other case.
Is the certifier who is carrying out the certification work free of a conflict of interest for this development?
Section 28 of the BDC Act 2018 provides that a registered certifier must not carry out the following certification work if the registered certifier has a conflict of interest in the certification work—
(a) carry out any inspection,
(b) issue any certificate (other than a compliance certificate issued under Part 6 of the Environmental Planning and Assessment Act 1979 by a certifier who is not issuing the certificate as a principal certifier),
(c) carry out any certification work prescribed by the regulations.
Maximum penalty—300 penalty units.

Exemptions

Has the applicant lodged and objection to compliance with a Category 3 fire safety provision with the Fire Commissioner? refer Part 16 EP&A(DCFS) Reg 2021
Has a determination granting or refusing an exemption been made by the Fire Commissioner?
It is recommended a determination be waited for prior to completing the assessment of the construction certificate application as an exemption may have substantial impacts.
Was an exemption granted?
Is the exemption subject to a condition?
Can the condition(s) of the exemption be given effect by being included in the building work plans and specifications?
If the Construction Certificate is issued, it must be issued subject to the condition of the exemption.
Has the applicant included the condition in the building work plans and specifications by— (a) redrawing the plans and specifications, or (b) annotating the relevant part of the plans and specifications, including by inserting, deleting or altering matter.
The applicant must do this prior to the construction certificate being issued.
Has the applicant lodged an objection to the Building Code of Australia, as applied by a relevant provision? Refer Part 17 EP&A(DCFS) Reg 2021
Is the objection that the BCA does not make appropriate provision for: (i) the building in relation to which the change of building use is sought, or (ii) the building to be used as an entertainment venue, or (iii) the building work?
Is the objection that compliance with a specified provision of the Building Code of Australia, as applied by a relevant provision, is unreasonable or unnecessary in the circumstances?
Under 116(1) EP&A(DCFS) Reg 2021, these are the only objections that may be made.
Check if the objection is intended to be under one of these provisions and/or if the applicant intended to make a different objection.
Does the objection: (a) specify the grounds of the objection, and (b) for proposed building work—include a copy of the building work plans and specifications?
This is required of an objection under 116 EP&A(DCFS) Reg 2021 (see subclause (2)).
Does the objection relate to a Category 3 fire safety provision? Category 3 fire safety provision means the provisions EP1.3, EP1.4, EP1.6, EP2.2 and EP3.2 in Volume 1 of the Building Code of Australia.
Does the objection indicate if a similar objection has been made to the Fire Commissioner under section 111 EP&A(DCFS) Reg 2021?
This information must be provided.
See 116(3) EP&A(DCFS) Reg 2021
Has a copy of the Fire Commissioner's determination of that objection been provided?
This information must be provided.
See 116(3) EP&A(DCFS) Reg 2021
Are you satisfied that the objection is well founded?
This is a substantial consideration and should be decided carefully before proceeding.
Make sure you have documented your reasons and the evidence to support the decision.
Has concurrence of the Secretary been sought?
This must be done before action can be taken relating to this objection.
Has the Secretary given notice that concurrence may be assumed or is given subject to conditions?
Has the Secretary expressly refused to give concurrence?
Have at least 40 days passed since concurrence was sought?
You must wait 40 days before assuming concurrence.
See 117(6) EP&A(DCFS) Reg 2021
Concurrence may be assumed in this case.
See 117(6) EP&A(DCFS) Reg 2021.
Is it appropriate to grant the exemption subject to a condition?
Is the condition able to be given effect by being included in the building work plans and specifications?
The construction certificate (if issued) must be issued subject to the condition.
117(4) EP&A(DCFS) Reg 2021
Has the condition been included in the building work plans and specifications by: (a) redrawing the plans and specifications, or (b) annotating the relevant part of the plans and specifications, including by inserting, deleting or altering matter?
If a certifier grants an exemption subject to a condition, the certifier must ensure the condition is included in the building work plans and specifications by—
(a) redrawing the plans and specifications, or
(b) annotating the relevant part of the plans and specifications, including by inserting, deleting or altering matter.
See 117(2)-(4) EP&A(DCFS) Reg 2021
You may not take action in relation to this objection without the concurrence of the Secretary.
See 117(5) EP&A(DCFS) Reg 2021
The objection should be rejected or further justification establishing that it is well founded obtained.

Fire Safety Schedule

Does the building work involve ONLY a class 1a or 10 building or a temporary structure?
A Fire Safety Schedule is not required for class 1a, class 10 or temporary structures.
Does the Construction certificate ONLY relate 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 the pumpset?
Will the carrying out of the work NOT result in a permanent reduction of the fire protection provided by the existing hydraulic fire safety system that will be subject of the work?
Is there notice of past, current or proposed action by or on behalf of a water utility to— (i) install mains pressure reduction capability, or (ii) implement mains pressure reduction?
A fire safety schedule is not required to be issued.
A Fire Safety Schedule must be issued and attached to the relevant Construction Certificate.
A Fire Safety Schedule must be issued and attached to the relevant Construction Certificate.
A Fire Safety Schedule must be issued and attached to the relevant Construction Certificate.
Based on the above, is a Fire Safety Schedule required to be prepared?
Are there any proposed CRITICAL fire safety measures that require a supplementary fire safety statement to be done at intervals less than 12 months?
List the critical fire safety measures for the whole building

Fire safety measures currently implemented for the building

Check the box next to all the statutory fire safety measures that are currently implemented for the building
Access panels, doors and hoppers to fire-resisting shafts
Note location/type/detail
Automatic fire detection and alarm systems
Note location/type/detail
Automatic fire detection and alarm systems
Note location/type/detail
Automatic fire suppression systems
Note location/type/detail
Emergency lifts
Note location/type/detail
Emergency lighting
Note location/type/detail
Emergency warning and intercommunication systems
Note location/type/detail
Exit signs
Note location/type/detail
Fire control centres and rooms
Note location/type/detail
Fire dampers
Note location/type/detail
Fire doors
Note location/type/detail
Fire hose reel systems
Note location/type/detail
Fire hydrant systems
Note location/type/detail
Fire seals protecting openings in fire-resisting components of the building
Note location/type/detail
Fire shutters
Note location/type/detail
Fire windows
Note location/type/detail
Lightweight construction
Note location/type/detail
Mechanical air handling systems
Note location/type/detail
Perimeter vehicle access for emergency vehicles
Note location/type/detail
Portable fire extinguishers
Note location/type/detail
Safety curtains in proscenium openings
Note location/type/detail
Smoke alarms and heat alarms
Note location/type/detail
Smoke and heat vents
Note location/type/detail
Smoke dampers
Note location/type/detail
Smoke detectors and heat detectors
Note location/type/detail
Smoke doors
Note location/type/detail
Solid core doors
Note location/type/detail
Standby power systems
Note location/type/detail
Wall-wetting sprinkler and drencher systems
Note location/type/detail
Warning and operational signs
Note location/type/detail
Are there additional (non-statutory) existing fire safety measures that should be listed on the Fire Safety Schedule?
Provide details:
Are any of the existing fire safety measures CRITICAL fire safety measures that require a supplementary fire safety statement to be done at intervals less than 12 months?
List the critical fire safety measures for the whole building

Fire safety measures proposed or required to be implemented for the building

Check the box next to all the statutory fire safety measures that are proposed or required to be implemented for the building.
Access panels, doors and hoppers to fire-resisting shafts
Note location/type/detail
Automatic fire detection and alarm systems
Note location/type/detail
Automatic fire detection and alarm systems
Note location/type/detail
Automatic fire suppression systems
Note location/type/detail
Emergency lifts
Note location/type/detail
Emergency lighting
Note location/type/detail
Emergency warning and intercommunication systems
Note location/type/detail
Exit signs
Note location/type/detail
Fire control centres and rooms
Note location/type/detail
Fire dampers
Note location/type/detail
Fire doors
Note location/type/detail
Fire hose reel systems
Note location/type/detail
Fire hydrant systems
Note location/type/detail
Fire seals protecting openings in fire-resisting components of the building
Note location/type/detail
Fire shutters
Note location/type/detail
Fire windows
Note location/type/detail
Lightweight construction
Note location/type/detail
Mechanical air handling systems
Note location/type/detail
Perimeter vehicle access for emergency vehicles
Note location/type/detail
Portable fire extinguishers
Note location/type/detail
Safety curtains in proscenium openings
Note location/type/detail
Smoke alarms and heat alarms
Note location/type/detail
Smoke and heat vents
Note location/type/detail
Smoke dampers
Note location/type/detail
Smoke detectors and heat detectors
Note location/type/detail
Smoke doors
Note location/type/detail
Solid core doors
Note location/type/detail
Standby power systems
Note location/type/detail
Wall-wetting sprinkler and drencher systems
Note location/type/detail
Warning and operational signs
Note location/type/detail
Are there additional (non-statutory) fire safety measures that are proposed or required to be implemented for the building that should be listed on the Fire Safety Schedule?
Provide details:
Are any of the fire safety measures that are proposed or required to be implemented for the building CRITICAL fire safety measures that require a supplementary fire safety statement to be done at intervals less than 12 months?
List the critical fire safety measures for the whole building that proposed or required to be implemented for the building.

Fire Protection and Structural Capacity

Does the development consent authorise a change of building use?
Will the fire protection and structural capacity be appropriate to the building's new use? Note: 'fire protection and structural capacity' means: a. the structural strength and load bearing capacity of the building, and b. the measures to protect persons using the building, and to facilitate their safe egress from the building, if there is a fire, and c. the measures to restrict the spread of fire from the building to other buildings nearby. 14(1)(a) EP&A(DCFS) Reg 2021
Is an exemption under section 74(4), 111(4) or 117(1) of the EP&A(DCFS) Reg 2021 in place?
A certifier must not issue a construction certificate in this case.
Refer section 14 EP&A(DCFS) Reg 2021
Will the building comply with the Category 1 fire safety provisions that apply to the new use? Note: 'Category 1 fire safety provision' means the following provisions of the Building Code of Australia— (a) In volume 1: i) EP1.3 (Fire Hydrants), ii) EP1.4 (Automatic fire suppression systems), iii) EP1.6 (Fire control centres), iv) EP2.1 (Automatic warning for sleeping occupants), v) EP2.2 (Safe Evacuation Routes) and vi) EP3.2 (Emergency Lifts), (b) P2.3.2 (automatic warning for occupants) in Volume 2. 14(1)(b) EP&A(DCFS) Reg 2021
Is an exemption under section 74(4), 111(4) or 117(1) of the EP&A(DCFS) Reg 2021 in place?
A certifier must not issue a construction certificate in this case.
Refer to section 14 EP&A(DCFS) Reg 2021
Does the Construction Certificate cover alteration building work, other than work required by the consent authority as a condition of a development consent that authorises a change of building use? Note: 'alteration building work' means building work that— (a) involves the alteration of an existing building, and (b) does not involve a change of building use. 14(3) EP&A(DCFS) Reg 2021
Will, on completion of the building work, the fire protection and structural capacity of the building NOT be reduced? Note: 'fire protection and structural capacity' of a building means— (a) the structural strength and load-bearing capacity of the building, and (b) the measures to protect persons using the building, and to facilitate their safe egress from the building, if there is a fire, and (c) the measures to restrict the spread of fire from the building to other buildings nearby. Refer 14(3) EP&A(DCFS) Reg 2021
A certifier must NOT issue a construction certificate in this case.

Design requirements for residential apartment development

Does the construction certificate relate to residential apartment development? Section 15 EP&A(DCFS) Reg 2021
Was the development application required, under the Environmental Planning and Assessment Regulation 2021, section 29, to be accompanied by a statement by a qualified designer?
Has the certifier received a statement by a qualified designer verifying that the relevant building work plans and specifications achieve or improve the design quality of the development for which development consent was granted, having regard to the design quality principles?
A certifier must not issue a Construction Certificate where this is the case.
15(2) EP&A(DCFS) Reg 2021

Site Inspection

Is the construction certificate for development on a site that affects an existing building?
A site inspection is not required but is still good practice. Has a site inspection been carried out? Refer Practice Standard for registered certifiers (3.11 of Vol 1, 3.10 of Vol 2).
Has a site inspection been carried out by a certifier? 16(1) EP&A(DCFS) Reg 2021
Is a record of the inspection compliant with section 17 of the EP&A(DCFA) Reg 2021 available?
Either obtain a corrected inspection record or carry out a new inspection before determining the application for a CC.
Was the inspection carried out recently enough to still be a reliable reflection of site conditions?
Perform a new site inspection before proceeding.
Note any issues identified by the inspection record.
Has a site inspection been carried out by a certifier? 16(1) EP&A(DCFS) Reg 2021
A certifier must not issue a construction certificate for development on a site that affects an existing building unless a certifier has carried out an inspection of the building.
Is a record of the inspection compliant with section 17 of the EP&A(DCFA) Reg 2021 available?
Either obtain a corrected inspection record or carry out a new inspection before determining the application for a CC.
Was the inspection carried out recently enough to still be a reliable reflection of site conditions?
Perform a new site inspection before proceeding.
Note any issues identified by the inspection record.

Performance Solution report

Does the building work to which the Construction Certificate relates involve a performance solution?
There are no special requirements under section 18 of the EP&A(DCFS) Reg 2021 applicable.
Has a performance solution report been obtained or provided?
A certifier must not issue a construction certificate for building work that involves a performance solution unless the certifier has obtained or been given a performance solution report.
18(1)(a) EP&A(DCFS) Reg 2021
Was the report prepared in accordance with the requirements set out in A2.2(4) of the BCA (A2G2(4) in NCC2022)?
A certifier must not issue a construction certificate for building work that involves a performance solution unless the certifier is satisfied that the report was prepared in accordance with the requirements set out in A2.2(4) of the Building Code of Australia.
18(1)(b)(i) EP&A(DCFS) Reg 2021
Do the relevant building work plans and specifications show and describe the physical elements of the performance solution where possible?
A certifier must not issue a construction certificate for building work that involves a performance solution unless the certifier is satisfied that the relevant building work plans and specifications show and describe the physical elements of the performance solution, if possible.
18(1)(b)(ii) EP&A(DCFS) Reg 2021
Does the performance solution report relate to a fire safety requirement?
Is the performance solution report for a requirement set out in any of the following? A. EP1.4 (Automatic fire suppression systems - E1P4 in NCC2022) B. EP2.1 (Automatic warning for sleeping occupants - E2P1 in NCC2022) C. EP2.2 (Safe Evacuation Routes - E2P2 in NCC2022) D. DP4 (Exits - D1P4 in NCC2022) E. DP5 (Fire-isolated exits - D1P5 in NCC2022)
Is the building ANY of the following: 1. a class 9a buildings that is proposed to have a floor area of 2,000 square metres or more, or 2. a building (other than a class 9a building) that is proposed to have a fire compartment with a floor area of 2,000 square metres or more, or 3. a building (other than a class 9a building) that is proposed to have a floor area of more than 6,000 square metres.
Was the report prepared by or on behalf of a person who is an accredited practitioner (fire safety)?
A performance solution report for a fire safety requirement that is not a prescribed report MUST be prepared by or on behalf of a person who is an accredited practitioner (fire safety).
A revised or new report meeting this requirement must be obtained.
See 19(2) EP&A(DCFS) Reg 2021
This meets the requirements of section 18, EP&A(DCFS) Reg 2021.
Was the report prepared by or on behalf of a recognised person? Note: Recognised person means a person who is both an accredited practitioner (fire safety) and a fire safety engineer. See Dict. EP&A(DCFS) Reg 2021
A revised or new report is required.
A performance solution report that is a prescribed report MUST be prepared by or on behalf of a person who is both an accredited practitioner (fire safety and a fire safety engineer.
See 18(2) EP&A(DCFS) Reg 2021
Add the person's name and registration in the notes.
Section 18 of EP&A(DCFS) Reg 2021 does not REQUIRE a certain class of person prepare this report, but their competence and the accuracy of their work should be considered as part of the BCA compliance assessment. This should have been an element of the Performance based design brief.
If you are not satisfied with the report, review it and ensure clarity regarding the acceptability criteria and the terms of the brief are correct/appropriate.

Consent and Miscellany

Is there a relevant BASIX certificate for the development?
Do the relevant building work plans and specification include the matters required by each relevant BASIX Certificate?
A certifier must not issue a construction certificate for building work unless the relevant building work plans and specifications include the matters required by a relevant BASIX certificate, if any.
19(1)(a) EP&A(DCFS) Reg 2021.
Is the design and construction of the buildings, as described in the relevant work plans and specification and any other information provided, consistent with the development consent?
A certifier must not issue a construction certificate for building work unless the design and construction of the building, as described in the relevant building work plans and specifications and in other information given to the certifier under section 12, is consistent with the development consent.
19(1)(b) EP&A(DCFS) Reg 2021
Will the building comply with the relevant requirements of the Building Code of Australia? Note: a separate checklist/assessment report should be used to record the assessment of this compliance.
A certifier must not issue a construction certificate for building work unless the building will comply with the relevant requirements of the Building Code of Australia
19(1)(c) EP&A(DCFS) Reg 2021
Does the consent (or an agreement) require the provision of security before building work is carried out?
Has the required security been provided in compliance with the conditon of the consent/agreement?
The construction certificate must not be issued unless the condition has been complied with.
See section 20 EP&A(DCFS) Reg 2021
Note what evidence of compliance has been provided/obtained.
Does a condition of the consent (under section 7.11 or 7.12 of the Act) require the payment of a monetary contribution or levy before building work is carried out?
Has payment of the 7.11/7.12 contribution/levy been made?
The construction certificate must not be issued unless the condition requiring payment has been complied with.
See section 20 EP&A(DCFS) Reg 2021
Note what evidence of compliance (payment) has been provided/obtained.
Do any of the conditions of the consent require compliance before a construction certificate may be issued?
Which conditions?
Have the conditions that must be complied with before a construction certificate is issued been complied with?
A Construction Certificate may not be issued unless the conditions of the consent have been complied with.
See section 20 EP&A(DCFS) Reg 2021
Record what evidence of compliance is available.
Is there a planning agreement applicable to the development?
Does the planning agreement specify requirements of the of the agreement that must be complied with before a construction certificate for building work is issued?
Note the requirements.
Have the requirements of the agreement that must be complied with before a construction certificate is issued been complied with?
If a planning agreement specifies requirements of the agreement that must be complied with before a construction certificate for building work is issued, a certifier must not issue a construction certificate for the building work unless the certifier is satisfied the requirements have been complied with.
21 EP&A(DCFS) Reg 2021

Fire Safety Systems

Does the construction certificate application relate to a class 2, 3, 4, 5, 6, 7 8 or 9 building?
Seciton 22 of the EP&A(DCFS) Reg 2021 has no relevant requirements.
Does the building work involve the installation, extension, or modification of (a) a hydraulic fire safety system, (b) a fire detection and alarm system, and/or (c) a mechanical ducted smoke control system? Note: The above are defined as "relevant fire safety systems" under the Dictionary to EP&A(DCFS) Ref 2021.
Section 22 of EP&A(DCFS) Reg 2021 requires:
(1) It is a condition of a construction certificate for building work involving the installation, extension or modification of a relevant fire safety system in a class 2, 3, 4, 5, 6, 7, 8 or 9 building that the building work must not commence unless—
(a) plans have been submitted to the principal certifier that show—
(i) for building work involving the installation of the relevant fire safety system—the layout, extent and location of key components of the relevant fire safety system, or
(ii) for building work involving the extension or modification of the relevant fire safety system—the layout, extent and location of the new or modified components of the relevant fire safety system, and
(b) specifications have been submitted to the principal certifier that—
(i) describe the basis for the design, installation and construction of the relevant fire safety system, and
(ii) identify the provisions of the Building Code of Australia on which the design of the system is based, and
(c) the plans and specifications—
(i) are certified by a compliance certificate as complying with the relevant provisions of the Building Code of Australia, or
(ii) are endorsed by an accredited practitioner (fire safety) as complying with the relevant provisions of the Building Code of Australia, and
(d) if the plans and specifications were submitted before the construction certificate was issued—they are endorsed by a certifier with a statement that the certifier is satisfied they correctly identify the relevant performance requirements and deemed-to-satisfy provisions, and
(e) if the plans and specifications were not submitted before the construction certificate was issued—they are endorsed by the principal certifier with a statement that the principal certifier is satisfied they correctly identify the relevant performance requirements and deemed-to-satisfy provisions.
(2) Subsection (1)(c)(ii) does not apply to the extent of an exemption under section 74(4).
Have the plans and specifications of the relevant fire safety system(s) been provided prior to the construction certificate being issued?
The condition imposed by section 22 must be added to the Construction Certificate if issued.
Has a certifier endorsed the plans and specifications with a statement that the certifier is satisfied they correctly identify the relevant performance requirements and deemed-to-satisfy provisions?
Will you (as a certifier) issue such an endorsement?
If the construction certificate is issued prior to a certifier endorsing the plans and specifications, the CC must be issued subject to the condition required by section 22, requiring the endorsement prior to works commencing.
Ensure you issue the endorsement before or at the same time as issuing the Construction certificate to fulfil the condition of section 22.

Required Referrals to Fire & Rescue NSW

Relevant Building Work

Does the building work involve the erection of any of the following? (a) a class 9a building that is proposed to have a floor area of 2,000 square metres or more, (b) a building, other than a class 9a building, that is proposed to have a fire compartment with a floor area of more than 2,000 square metres, (c) a building, other than a class 9a building, that is proposed to have a floor area of more than 6,000 square metres.
Do the relevant building work plans and specifications provide for a performance solution for a Category 2 fire safety provision? Note: Category 2 fire safety provisions are the provisions CP9, EP1.3, EP1.4, EP1.6, EP2.2 and EP3.2 in Volume 1 of the Building Code of Australia. CP9 - Fire Brigade Access - C1P9 in NCC2022 EP1.3 - Fire Hydrants - E1P3 in NCC2022 EP1.4 - Automatic fire suppression system - E1P4 in NCC2022 EP1.6 - Fire control centres - E1P6 in NCC2022 EP2.2 - Safe evacuation routes - E2P2 in NCC2022 EP3.2 - Emergency lifts - E3P2 in NCC2022
This is relevant building work for the purposes of Division 3, Part 3 of EP&A(DCFS) Ref 2021 and requires referral to Fire & Rescue NSW.
The work is not 'relevant building work' under 26(1) of EP&A(DCFS) Reg 2021
The work is not 'relevant building work' under 26(1) of EP&A(DCFS) Reg 2021
Does the building work involve the erection of a class 2, 3 or 9 building of 2 or more storeys, or the class 4 part of a class 9 building of 2 or more storeys?
Do both the following apply? (a) the relevant building work plans and specifications provide for a performance solution to meet the performance requirement set out in CP2 in Volume 1 of the Building Code of Australia, to the extent that it relates to external combustible cladding, and (b) the performance solution does not apply the verification method CV3 in Volume 1 of the Building Code of Australia completely.
The work is not 'relevant building work' under 26(2) of EP&A(DCFS) Reg 2021
This is relevant building work for the purposes of Division 3, Part 3 of EP&A(DCFS) Ref 2021 and requires referral to Fire & Rescue NSW.
The work is not 'relevant building work' under 26(2) of EP&A(DCFS) Reg 2021
Does the building work involve the erection of a class 5, 6, 7 or 8 building of 3 or more storeys, or the class 4 part of a class 5, 6, 7 or 8 building of 3 or more storeys?
The work is not relevant building work under 26(3) of EP&A(DCFS) Reg 2021
Do both the following apply? (a) the relevant building work plans and specifications provide for a performance solution to meet the performance requirement set out in CP2 in Volume 1 of the Building Code of Australia, to the extent that it relates to external combustible cladding, and (b) the performance solution does not apply the verification method CV3 in Volume 1 of the Building Code of Australia completely.
The work is not relevant building work under 26(3) of EP&A(DCFS) Reg 2021
The work is relevant building work under 26(3) of EP&A(DCFS) Reg 2021
Does the building work involve the erection of a class 2 or 3 buildings of 4 or more storeys?
The building work is not relevant building work under 26(4) EP&A(DCFS) Reg 2021.
Do the relevant building work plans and specifications provide for a performance solution to meet the performance requirement set out in EP1.4 in Volume 1 of the Building Code of Australia?
The building work is not relevant building work under 26(4) of EP&A(DCFS) Reg 2021.
The building work is relevant building work under 26(4) of EP&A(DCFS) Reg 2021.
Does the building work involve the erection of a class 9b early childhood centre?
The building work is not relevant building work under 26(5) EP&A(DCFS) Reg 2021.
Do the relevant building work plans and specifications meet the requirement set out in D1.18(a) in Volume 1 of the Building Code of Australia.
The building work is not relevant building work under 26(5) EP&A(DCFS) Reg 2021
The building work is relevant building work under 26(5) EP&A(DCFS) Reg 2021

Requirements

Given the above section, is any of the building work subject of the Construction certificate "relevant building work"?
Has the application and relevant information/documentation been sent to the Fire Commissioner (FRNSW)?
This referral must be made within 7 days after receiving the application for a construction certificate for relevant building work.
See 27(1) EP&A(DCFS) Reg 2021. Make the referral via the NSW Planning Portal as soon as practicable.
Has the Fire Commissioner notified whether or not an initial fire safety report will be prepared?
Have more than 10 days passed since the document receipt date? Note the document receipt date is the date the Fire Commissioner received the documents. The commissioner is required to notify the certifier of that date within 2 days. See 27(2) EP&A(DCFS) Reg 2021.
Wait until either the 10 days have passed or notification has been received.
You MAY issue the Construction Certificate without considering an initial fire safety report.
28(2)(b) EP&A(DCFS) Reg 2021
Has the Commissioner indicated an initial fire safety report WILL be prepared?
You MAY issue the Construction certificate without considering an initial fire safety report.
28(2)(a) EP&A(DCFS) Reg 2021
Has the initial fire safety report been received?
Have 28 days passed since the document receipt date?
You must wait until either the report is received or 28 days have passed.
You may issue the Construction Certificate without considering an initial fire safety report.
28(2)(c) EP&A(DCFS) Reg 2021
If a Construction Certificate is issued, notice to the Fire Commissioner must be given.
See 28(5) EP&A(DCFS) Ref 2021
Have you considered the initial fire safety report for the building?
A certifier must not issue a construction certificate for relevant building work unless the certifier has considered an initial fire safety report for the building.

However, a certifier may issue a construction certificate for relevant building work without considering an initial fire safety report if—
(a) the Fire Commissioner has notified the certifier under section 27(2)(b) that an initial fire safety report will not be prepared, or
(b) the Fire Commissioner has failed to notify the certifier within 10 days after the document receipt date whether or not an initial fire safety report will be prepared, or
(c) the Fire Commissioner has notified the certifier that an initial fire safety report will be prepared, but the report is not given within 28 days after the document receipt date.
28 EP&A(DCFS) Reg 2021
Does the initial fire safety report recommend conditions to be imposed on the erection or alteration of the building?
Will the condition(s) be adopted?
- Yes
- No
- N/A
You must give written notice to the Fire Commissioner including reasons for not adopting the recommended condition.
Can the condition(s) be given effect by being included in the relevant building work plans and specifications?
If issued, the construction certificate must be issued subject to the condition.
29 EP&A(DCFS) Reg 2021
Has either of the following been done? (i) the plans and specifications have been redrawn to include the condition, or (ii) the relevant part of the plans and specifications have been annotated (including by inserting, deleting or altering matter) to include the condition
Either the plans and specifications must be redrawn, OR they must be annotated to include the condition(s) before the Construction Certificate is issued.
See 29 EP&A(DCFS) Reg 2021