74Exemption from BCA standards for fire safety building work

#### 74 Exemption from BCA standards for fire safety building work 74 Exemption from BCA standards for fire safety building work > > (1) A person may lodge an objection with a certifier that compliance with a specified provision of the Building Code of Australia relating to the operational performance of a relevant fire safety system is unreasonable or unnecessary in the circumstances. > > > (2) A person may lodge an objection under this section only if the person has, or will have, the benefit of— > > > > > (a) a construction certificate subject to a condition under section 22 in relation to building work involving the minor modification or extension of a relevant fire safety system, or > > > > > (b) a complying development certificate subject to a condition imposed by the [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759), section 147 in relation to building work involving the minor modification or extension of a relevant fire safety system. > > > (3) The objection must— > > > > > (a) specify the grounds of the objection, and > > > > > (b) be accompanied by a copy of the building work plans and specifications. > > > (4) The certifier may, if satisfied an objection is well-founded, exempt the building work, either conditionally or unconditionally, from a specified provision of the Building Code of Australia. > > > (5) A certifier may exempt the building work only if— > > > > > (a) the non-compliance with the Building Code of Australia relates only to the operational performance of the relevant fire safety system, and > > > > > (b) the certifier is satisfied the non-compliance will not reduce the operational performance of the relevant fire safety system, and > > > > > (c) an accredited practitioner (fire safety), other than the accredited practitioner who prepared the building work plans and specifications, has endorsed the non-compliance, and > > > > > (d) a current fire safety certificate or a current fire safety statement that relates to or includes the fire safety system being modified or extended has been issued for the building. > > > (6) This section does not apply to building work required by a fire safety order. > > **s 74:** Am 2022 (40), Sch 2\[4\]; 2025 (17), Sch 1\[7\].