26Performance-based design brief—consultation with Fire Commissioner

26 Performance-based design brief—consultation with Fire Commissioner

26 Performance-based design brief—consultation with Fire Commissioner

(1) The owner of a building must ensure that the person who develops a performance-based design brief for a performance solution for a fire safety requirement in the building requests the Fire Commissioner’s comments on the brief if—

(a) the building is a class 2, 3, 4, 5, 6, 7, 8 or 9 building, and

(b) a construction certificate is required for the building work comprising the performance solution.

(2) A request must be made—

(a) during the development of the performance-based design brief, and

(b) in the way required by the Fire Commissioner.

(3) The Fire Commissioner must, within 10 business days after a request is made, give notice of whether or not the Fire Commissioner will provide comments on the performance-based design brief to—

(a) the person who developed the performance-based design brief, and

(b) the building owner.

(4) The building owner must not implement the performance solution unless the building owner has received and considered the Fire Commissioner’s written comments on the performance-based design brief.

Maximum penalty—

(a) for a corporation—600 penalty units, or

(b) for an individual—300 penalty units.

(5) However, a building owner may implement the performance solution if—

(a) the Fire Commissioner has failed to notify the building owner within 10 business days after a request was made whether or not the Fire Commissioner will provide comments on the performance-based design brief, or

(b) the Fire Commissioner has notified the building owner that the Fire Commissioner will not provide comments on the performance-based design brief, or

(c) the Fire Commissioner has not provided written comments within 20 business days after the request was made.

s 26: Am 2023 (71), Sch 1.4[3]–[6]. Subst 2022 (788), Sch 1[5]. Am 2025 No 48, Sch 3.5[1].