121Fire performance requirements—performance solutions

121 Fire performance requirements—performance solutions Despite anything to the contrary in the BCA, the relevant building surveyor must not determine that a performance solution complies with a fire performance requirement of the BCA unless the relevant building surveyor— (a) holds a Graduate Certificate in Performance‑Based Building & Fire Codes from Victoria University; or (b) holds a qualification that the Victorian Building Authority considers is equivalent to that Certificate; or (c) relies on a report of the chief officer under regulation 129, that states that the chief officer is satisfied that a satisfactory degree of fire safety is achieved by that performance solution; or (d) relies on a certificate under section 238 of the Act by a fire safety engineer, who did not design the building work, that states that the performance solution complies with that performance requirement; or (e) relies on a certificate under section 238 of the Act by a registered building surveyor, who did not design the building work, and who holds a qualification referred to in paragraph (a) or (b), that states that the performance solution complies with that performance requirement; or (f) relies on a determination of the Building Appeals Board under section 160A of the Act that the performance solution complies with that performance requirement; or (g) relies on a certificate of accreditation issued by the Building Regulations Advisory Committee that states that the performance solution complies with that performance requirement; or (h) relies on a Certificate of Conformity issued by a person or body duly authorised by the Australian Building Codes Board, that states that the performance solution complies with that performance requirement. Reg. 122 amended by S.R. No. 73/2021 reg. 7(1).