28Consideration of initial fire safety report

#### 28 Consideration of initial fire safety report 28 Consideration of initial fire safety report > > (1) A certifier must not issue a construction certificate for relevant building work unless the certifier has considered an initial fire safety report for the building. > > > (2) However, a certifier may issue a construction certificate for relevant building work without considering an initial fire safety report if— > > > > > (a) the Fire Commissioner has notified the certifier under section 27(2)(b) that an initial fire safety report will not be prepared, or > > > > > (b) the Fire Commissioner has failed to notify the certifier within 10 business days after the document receipt date whether or not an initial fire safety report will be prepared, or > > > > > (c) the Fire Commissioner has notified the certifier that an initial fire safety report will be prepared, but the report is not given within 25 business days after the document receipt date. > > > (3) If a certifier does not adopt a condition recommended in an initial fire safety report that the certifier is required to consider because the certifier does not agree with the recommendation, the certifier must give written notice to the Fire Commissioner. > > > (4) The written notice must include the reasons for not adopting the recommended condition. > > > (5) If the Fire Commissioner notifies a certifier within 10 business days after the document receipt date that an initial fire safety report will be prepared but fails to give the report within 25 business days after the document receipt date, the certifier must give the Fire Commissioner written notice if a construction certificate is issued. > > Maximum penalty (subsections (1), (3) and (5))— > > > (a) for a corporation—600 penalty units, or > > > (b) for an individual—300 penalty units. > > **s 28:** Am 2022 (788), Sch 1\[7\]–\[10\]; 2025 No 48, Sch 3.5\[1\].