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.