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.