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, > > > > > > > (iii) the couplings in the fire hydrant system will be compatible with the fire appliances and equipment used by Fire and Rescue NSW, and > > > > > (b) if the Fire Commissioner is not satisfied of a matter in paragraph (a)(i)–(iii)—the Fire Commissioner’s recommendations for remediation. > > Maximum penalty (subsections (2), (4) and (5))— > > > (a) for a corporation—300 penalty units, or > > > (b) for an individual—150 penalty units. > > **s 50:** Am 2022 (788), Sch 1\[13\]–\[15\]; 2025 (17), Sch 1\[2\]; 2025 No 48, Sch 3.5\[1\].