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Environmental Planning and Assessment Regulation 2021
135Council to be notified of significant fire safety issues
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#### 135 Council to be notified of significant fire safety issues
135 Council to be notified of significant fire safety issues
> > (1) This section applies to a certifier if—
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> > > (a) an application is made to the certifier for a complying development certificate affecting an existing building, and
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> > > (b) the building is a class 1b, 2, 3, 4, 5, 6, 7, 8 or 9 building, and
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> > > (c) between receiving the application and issuing the complying development certificate, the certifier becomes aware, when carrying out an inspection or otherwise, of a significant fire safety issue with the building.
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> > (2) Within 2 days after becoming aware of a significant fire safety issue, the certifier must give written notice to the council that describes the fire safety issue and the parts of the building affected by the issue.
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> > (3) However, the certifier is not required to give notice if the fire safety issue is being addressed by—
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> > > (a) the development, or
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> > > (b) a fire safety order under the Act, Schedule 5, Part 2, or
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> > > (c) another development consent that affects the building.
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> > (4) To avoid doubt, this section extends to a council that is a certifier.