NSWIn ForceRegulation
Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021
84Issue of fire safety certificates
Start here
Get a plain-English read of 84
Turn the raw legal text into a practical explanation grounded in Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021.
#### 84 Issue of fire safety certificates
84 Issue of fire safety certificates
> > (1) A person must not issue a fire safety certificate unless the assessments required for the certificate have been carried out within the previous 3 months.
>
> > (2) The individual carrying out an assessment—
> >
> > > (a) must be an accredited practitioner (fire safety), and
> >
> > > (b) must not have installed a fire safety measure being assessed, and
> >
> > > (c) may be chosen by the building owner.
>
> > (3) The person who carries out an assessment must—
> >
> > > (a) inspect and verify the performance of each essential fire safety measure being assessed, and
> >
> > > (b) test the operation of equipment relevant to the essential fire safety measure being assessed that—
> > >
> > > > (i) is specified in the current fire safety schedule for the building, and
> > >
> > > > (ii) has not previously been tested in an assessment because it is newly installed.
>
> > (4) A fire safety certificate is not required to address an essential fire safety measure if—
> >
> > > (a) the certificate is issued in relation to work that has been authorised or required by a development consent, construction certificate or fire safety order, and
> >
> > > (b) the measure is addressed in another current final fire safety certificate or current fire safety statement.
>
> > (5) Subsection (4) does not apply if the person who issued the development consent, construction certificate or fire safety order determines it should not apply.
>
> > (6) A person may make a determination under subsection (5) only if the person—
> >
> > > (a) considers that the essential fire safety measure will be affected by the work, and
> >
> > > (b) has specified in the fire safety schedule attached to the development consent, construction certificate or fire safety order that the fire safety certificate issued in relation to the work must address the essential fire safety measure.
>
> Maximum penalty (subsections (1) and (3))—
>
> > (a) for a corporation—300 penalty units, or
>
> > (b) for an individual—150 penalty units.
>
> **s 84:** Am 2022 (788), Sch 1\[26\]–\[29\]; 2025 (17), Sch 1\[24\].