14Fire protection and structural capacity

#### 14 Fire protection and structural capacity 14 Fire protection and structural capacity > > (1) A certifier must not issue a construction certificate for building work under a development consent that authorises a change of building use unless— > > > > > (a) the fire protection and structural capacity of the building will be appropriate to its new use, and > > > > > (b) the building will comply with the Category 1 fire safety provisions that apply to the new use. > > > (2) Subsection (1)(b) does not apply to the extent of an exemption under section 74(4), 111(4) or 117(1). > > > (3) A certifier must not issue a construction certificate for alteration building work unless, on completion of the building work, the fire protection and structural capacity of the building will not be reduced. > > > (4) For the purposes of subsections (1) and (3), the certifier may assume that the building work is carried out in accordance with— > > > > > (a) the relevant building work plans and specifications, and > > > > > (b) the conditions of the construction certificate. > > > (5) This section does not apply to building work required by a consent authority as a condition of a development consent that authorises a change of building use. > > > (6) In this section— > > > > 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. > > > > 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. > > Maximum penalty (subsections (1) and (3))— > > > (a) for a corporation—300 penalty units, or > > > (b) for an individual—150 penalty units.