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))— > > > (a) for a corporation—300 penalty units, or > > > (b) for an individual—150 penalty units.