sec.147Certificate of compliance

sec.147 Certificate of compliance

An occupier of a building to which a regulation made under section 146Z (1) applies may apply to the commissioner to be issued a certificate of compliance under this section in relation to a building use to which the regulation applies. An application must— be accompanied by the fee prescribed under a regulation; and provide the information prescribed under a regulation; and specify the building and the building use to which the certificate of compliance is to apply. An application must be referred to an authorised fire officer for consideration and determination. The authorised fire officer must then inspect the building. An applicant is to provide to the commissioner or the authorised fire officer such information in relation to the application as either may require. If the authorised fire officer who inspects the building, having regard to the building use specified in the application, is satisfied— that sections 146L , 146M and 146O are being complied with; and that the regulations made pursuant to this part that apply in relation to building use are being complied with; and that adequate fire safety measures and fire prevention measures generally have been taken or are being maintained; the authorised fire officer must issue a certificate of compliance in relation to the building authorising the building use specified in the application. If the authorised fire officer who inspects the building is not satisfied of any matter prescribed by subsection (6) (a) to (c) , the authorised fire officer must give notice to the applicant— specifying the steps required to be taken before the application will be granted; and allowing a reasonable period within which those steps may be taken before the application is refused. The authorised fire officer may at any time extend the period so allowed. If— the applicant declines to take the steps referred to in subsection (7) (a) ; or upon inspection of the building at the expiration of the period allowed to the applicant to take the steps referred to in subsection (7) (a) , the authorised fire officer is not satisfied that those steps have been taken; the authorised fire officer must refuse the application by notice given to the applicant. The notice under subsection (8) must state the following— the grounds of the refusal; any steps required to be taken by the applicant before any further application will be granted; that the applicant may apply to QCAT for a review of the refusal; how, and the period within which, the applicant may apply to QCAT for the review. A notice under subsection (7) or (8) to the extent that it specifies that an alteration is to be made to the structure of a building before an application will be granted is not valid unless the authorised fire officer who issues the notice first consults the local government in whose area the building is situated. If an authorised fire officer— fails to issue a certificate of compliance or any notice under this section before a date 30 days after the receipt by the commissioner of an application; or in a case where a notice under subsection (7) has been given to the applicant—fails to issue a certificate of compliance or a notice of refusal before a date 30 days after the expiration of the time allowed by the notice to take steps specified in the notice; the provisions of part 5 apply as if the authorised fire officer had given to the applicant on that date a notice of refusal. s 147 prev s 147 amd 1991 No. 51 s 3 .21; 2006 No. 49 s 45 ; 2008 No. 64 s 22 sub 2014 No. 17 s 100 om 2024 No. 18 s 11 pres s 147 (prev s 104I) ins 1991 No. 51 s 3 0.13 amd 1991 No. 97 s 3 sch 1 ; 1995 No. 55 s 21 ; 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2009 No. 24 s 105 ; 2023 No. 11 s 34 s ch 1 pt 1 ; 2024 No. 22 s 92 sch 1 reloc and renum 2024 No. 22 s 56 (2) (sec.147-ssec.1) An occupier of a building to which a regulation made under section 146Z (1) applies may apply to the commissioner to be issued a certificate of compliance under this section in relation to a building use to which the regulation applies. (sec.147-ssec.2) An application must— be accompanied by the fee prescribed under a regulation; and provide the information prescribed under a regulation; and specify the building and the building use to which the certificate of compliance is to apply. (sec.147-ssec.3) An application must be referred to an authorised fire officer for consideration and determination. (sec.147-ssec.4) The authorised fire officer must then inspect the building. (sec.147-ssec.5) An applicant is to provide to the commissioner or the authorised fire officer such information in relation to the application as either may require. (sec.147-ssec.6) If the authorised fire officer who inspects the building, having regard to the building use specified in the application, is satisfied— that sections 146L , 146M and 146O are being complied with; and that the regulations made pursuant to this part that apply in relation to building use are being complied with; and that adequate fire safety measures and fire prevention measures generally have been taken or are being maintained; the authorised fire officer must issue a certificate of compliance in relation to the building authorising the building use specified in the application. (sec.147-ssec.7) If the authorised fire officer who inspects the building is not satisfied of any matter prescribed by subsection (6) (a) to (c) , the authorised fire officer must give notice to the applicant— specifying the steps required to be taken before the application will be granted; and allowing a reasonable period within which those steps may be taken before the application is refused. (sec.147-ssec.7A) The authorised fire officer may at any time extend the period so allowed. (sec.147-ssec.8) If— the applicant declines to take the steps referred to in subsection (7) (a) ; or upon inspection of the building at the expiration of the period allowed to the applicant to take the steps referred to in subsection (7) (a) , the authorised fire officer is not satisfied that those steps have been taken; the authorised fire officer must refuse the application by notice given to the applicant. (sec.147-ssec.8A) The notice under subsection (8) must state the following— the grounds of the refusal; any steps required to be taken by the applicant before any further application will be granted; that the applicant may apply to QCAT for a review of the refusal; how, and the period within which, the applicant may apply to QCAT for the review. (sec.147-ssec.9) A notice under subsection (7) or (8) to the extent that it specifies that an alteration is to be made to the structure of a building before an application will be granted is not valid unless the authorised fire officer who issues the notice first consults the local government in whose area the building is situated. (sec.147-ssec.10) If an authorised fire officer— fails to issue a certificate of compliance or any notice under this section before a date 30 days after the receipt by the commissioner of an application; or in a case where a notice under subsection (7) has been given to the applicant—fails to issue a certificate of compliance or a notice of refusal before a date 30 days after the expiration of the time allowed by the notice to take steps specified in the notice; the provisions of part 5 apply as if the authorised fire officer had given to the applicant on that date a notice of refusal.