111Exemption from fire safety standards

#### 111 Exemption from fire safety standards 111 Exemption from fire safety standards > > (1) This section applies to development the subject of— > > > > > (a) a development application or an application for a complying development certificate for a change of building use for an existing building, if the application does not seek an alteration of the building, or > > > > > (b) an application for a construction certificate for building work, other than building work associated with a change of building use referred to in paragraph (a). > > > (2) The applicant may lodge an objection with the Fire Commissioner that compliance with a specified Category 3 fire safety provision, as applied by a relevant provision, is unreasonable or unnecessary in the circumstances. > > > (3) The objection must— > > > > > (a) specify the grounds of the objection, and > > > > > (b) for proposed building work—include a copy of the building work plans and specifications. > > > (4) If the Fire Commissioner is satisfied the objection is well-founded, the Fire Commissioner may exempt the development, either conditionally or unconditionally, from a specified Category 3 fire safety provision, as applied by a relevant provision. > > > (5) If the Fire Commissioner grants an exemption subject to a condition, the applicant must include 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. > > > (6) Subsection (5) applies only if the condition can be given effect to by being included in the building work plans and specifications. > > > (7) If the condition cannot be included in the building work plans and specifications— > > > > > (a) the consent authority or certifier must, if granting development consent for development referred to in subsection (1)(a), grant development consent subject to the condition, or > > > > > (b) the certifier must, if issuing a construction certificate for development referred to in subsection (1)(b), issue the construction certificate subject to the condition. > > > (8) In this section— > > > > relevant provision means the [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759), section 69 or 146. > > Maximum penalty (subsections (5) and (7)(b))— > > > (a) for a corporation—150 penalty units, or > > > (b) for an individual—75 penalty units. > > **s 111:** Am 2022 (40), Sch 2\[8\].