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\[1\].