60Council to be notified of significant fire safety issues—the Act, s 10.13(1)(d)

60 Council to be notified of significant fire safety issues—the Act, s 10.13(1)(d)

60 Council to be notified of significant fire safety issues—the Act, s 10.13(1)(d)

(1) A certifier must give written notice to the council if—

(a) an application is made to the certifier for a certificate under the Act, Part 6 affecting an existing building, and

(b) the building is a class 1b, 2, 3, 4, 5, 6, 7, 8 or 9 building, and

(c) after receiving the application but before issuing the certificate, the certifier becomes aware, when carrying out an inspection or otherwise, of a significant fire safety issue with a part of the building.

(2) A principal certifier must give written notice to the council if—

(a) the principal certifier is appointed for building work affecting an existing building, and

(b) the building is a class 1b, 2, 3, 4, 5, 6, 7, 8 or 9 building, and

(c) after being appointed but before issuing an occupation certificate for the building work, the principal certifier becomes aware, when carrying out an inspection or otherwise, of a significant fire safety issue with the building.

(3) The notice under subsection (1) or (2) must—

(a) describe the fire safety issue and the parts of the building affected by the issue, and

(b) be made within 2 days after the certifier or principal certifier becomes aware of the fire safety issue, and

(c) be lodged on the NSW planning portal.

(4) A certifier or principal certifier is not required to give notice if the fire safety issue is being addressed—

(a) by a fire safety order, or

(b) by development that affects the building that is the subject of—

(i) a development consent, or

(ii) a construction certificate.

(5) To avoid doubt, this section extends to a council that is a certifier or principal certifier.

Maximum penalty (subsections (1) and (2))—