50Reports of Fire Commissioner

50 Reports of Fire Commissioner

50 Reports of Fire Commissioner

(1) This section applies to an application for an occupation certificate for development that is subject to a construction certificate and involves a performance solution for a fire safety requirement in a building other than—

(a) a class 1a, 1b or 10 building, or

(b) a temporary structure.

(2) As soon as practicable after receiving the application, the certifier must request a final fire safety report for the building from the Fire Commissioner.

(3) The certifier is not required to request a final fire safety report under subsection (2) if the certifier has already refused the application for the occupation certificate.

(4) If the certifier refuses the application for an occupation certificate after making the request but before receiving a final fire safety report, the certifier must notify the Fire Commissioner.

(5) If the Fire Commissioner has provided the certifier with a final fire safety report within 10 business days after receiving the request for the report, the certifier must not issue an occupation certificate for the building unless the certifier has—

(a) considered the report, and

(b) given the Fire Commissioner written notice of the reasons for not adopting a recommendation for remediation that is not adopted.

(6) If the Fire Commissioner provided the certifier with a fire safety system report for a building under section 51, the Fire Commissioner is not required to also prepare a final fire safety report under this section.

(7) A certifier or the Fire Commissioner must use the NSW planning portal to make a request, or provide a notice or report, under this section.

(8) In this section—

final fire safety report, for a building, means a written report specifying—

(a) whether the Fire Commissioner is satisfied of the following—

(i) the building work complies with a performance solution for a fire safety requirement that was the subject of the construction certificate,

(ii) the fire hydrants in the fire hydrant system will be accessible for use by Fire and Rescue NSW,