51Reports of Fire Commissioner for class 2 or 3 buildings

#### 51 Reports of Fire Commissioner for class 2 or 3 buildings 51 Reports of Fire Commissioner for class 2 or 3 buildings > > (1) This section applies to an application for an occupation certificate for development that involved installing, extending or modifying a relevant fire safety system in a class 2 or 3 building. > > > (2) As soon as practicable after receiving the application, the certifier must request a fire safety system report from the Fire Commissioner. > > > (3) The certifier is not required to request a fire safety system report under subsection (2) if— > > > > > (a) the certifier has already refused the application for the occupation certificate, or > > > > > (b) the Fire Commissioner has provided a final fire safety report for the building under section 50. > > > (4) If the certifier refuses the application for an occupation certificate after making the request but before receiving a fire safety system report, the certifier must notify the Fire Commissioner. > > > (5) If the Fire Commissioner has provided the certifier with a fire safety system 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) 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. > > > (7) In this section— > > > > fire safety system report, for a building, means a written report specifying— > > > > > (a) whether the Fire Commissioner is satisfied the relevant fire safety system is capable of performing to at least the standard in the current fire safety schedule for the building, and > > > > > (b) if not—the Fire Commissioner’s recommendations for modification of the system. > > Maximum penalty (subsections (2), (4) and (5))— > > > (a) for a corporation—300 penalty units, or > > > (b) for an individual—150 penalty units. > > **s 51:** Am 2022 (788), Sch 1\[16\] \[17\]; 2025 (17), Sch 1\[3\] \[4\]; 2025 No 48, Sch 3.5\[1\].