18Requirement for performance solution report

#### 18 Requirement for performance solution report 18 Requirement for performance solution report > > (1) A certifier must not issue a construction certificate for building work that involves a performance solution unless the certifier— > > > > > (a) has obtained or been given a performance solution report, and > > > > > (b) is satisfied that— > > > > > > > (i) the report was prepared in accordance with the requirements set out in the Building Code of Australia, A2G2(4), and > > > > > > > (ii) the relevant building work plans and specifications show and describe the physical elements of the performance solution, if possible, and > > > > > > > (iii) if the performance-based design brief for the proposed performance solution relates to a fire safety requirement for a class 2, 3, 4, 5, 6, 7, 8 or 9 building—the brief was developed following consultation with the Fire Commissioner as required by section 26. > > > > Maximum penalty (subsection (1))— > > > > > (a) for a corporation—300 penalty units, or > > > > > (b) for an individual—150 penalty units. > > > (2) A performance solution report for a fire safety requirement must be prepared by or on behalf of— > > > > > (a) for a prescribed report—a recognised person, or > > > > > (b) otherwise—a person who is an accredited practitioner (fire safety). > > > (3) In this section— > > > > prescribed report means a performance solution report for a requirement set out in the Building Code of Australia, Volume 1, E1P4, E2P1, E2P2, D1P4 or D1P5 for— > > > > > (a) a class 9a building that is proposed to have a floor area of 2,000 square metres or more, or > > > > > (b) a building, other than a class 9a building, that is proposed to have a fire compartment with a floor area of more than 2,000 square metres, or > > > > > (c) a building, other than a class 9a building, that is proposed to have a floor area of more than 6,000 square metres. > > **s 18:** Am 2022 (788), Sch 1\[1\] \[2\]; 2023 (71), Sch 1.4\[1\] \[2\].