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Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021
61Critical stage inspections for building work
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#### 61 Critical stage inspections for building work
61 Critical stage inspections for building work
> > (1) The person having the benefit of a development consent must ensure that building work to which the development consent relates is inspected as required by this section (the critical stage inspections).
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> > Maximum penalty (subsection (1))—
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> > > (a) for a corporation—300 penalty units, or
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> > > (b) for an individual—150 penalty units.
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> > (2) The building work for a class 1 or 10 building must be inspected on the following occasions—
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> > > (a) after excavation for, and before the placement of, a footing,
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> > > (b) before pouring an in-situ reinforced concrete building element,
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> > > (c) before covering the framework for a floor, wall, roof or other building element,
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> > > (d) before covering waterproofing in a wet area,
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> > > (e) before covering stormwater drainage connections,
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> > > (f) after the building work is completed and before an occupation certificate is issued for the building (the final critical stage inspection).
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> > (3) The building work for a class 2, 3 or 4 building must be inspected on the following occasions—
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> > > (a) after excavation for, and before the placement of, the first footing,
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> > > (b) before covering fire protection at service penetrations to building elements that are required to resist internal fire or smoke spread,
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> > > (c) before covering the junction of an internal fire-resisting construction bounding a sole-occupancy unit and another building element that is required to resist internal fire spread,
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> > > (d) before covering waterproofing in a wet area, for at least 10% of rooms with a wet area in the building,
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> > > (e) before covering stormwater drainage connections,
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> > > (f) after the building work is completed and before an occupation certificate is issued for the building (the final critical stage inspection).
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> > (4) The building work for a class 5, 6, 7, 8 or 9 building must be inspected on the following occasions—
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> > > (a) after excavation for, and before placement of, the first footing,
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> > > (b) for a class 9a or 9c building—before covering fire protection at service penetrations to building elements that are required to resist internal fire or smoke spread,
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> > > (c) before covering stormwater drainage connections,
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> > > (d) after the building work is completed and before an occupation certificate is issued for the building (the final critical stage inspection).
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> > (5) The critical stage inspections must be carried out by—
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> > > (a) the principal certifier, or
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> > > (b) another certifier, as agreed with the principal certifier.
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> > (6) Despite subsection (5), a final critical stage inspection must be carried out by the principal certifier.
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> > (7) Building work comprising a swimming pool must also be inspected as soon as practicable after a barrier, if required under the [Swimming Pools Act 1992](/view/html/inforce/current/act-1992-049), is erected.
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> > (8) The inspection required under subsection (3)(b) or (4)(b) is an inspection of at least 1 of each type of protection method for each type of service, on each storey of the building comprising the building work.
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> > (9) The inspection required under subsection (3)(c) is an inspection of at least 30% of sole-occupancy units, on each storey of the building containing sole-occupancy units.
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> > (10) This section does not apply in relation to an inspection required when a building or dwelling is built off the site in sections and transported to the site for assembly.