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].