A certifier may have one or more conditions imposed upon their accreditation by NSW Fair Trading requiring them to seek written advice (e.g. report) from FRNSW before determining certain applications for a building certificate, such as a complying development certificate (CDC), construction certificate (CC) or occupation certificate (OC).
When the building works involve a performance solution to which sections 25-29 of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 applies, the legislated requirements of sections 25-29 and section 50 override any condition imposed on the certifier.
Note: The legislated timeframes also override any timeframes prescribed within the conditions imposed on the certifier.
In such cases, the certifier should apply for an initial fire safety report, final fire safety report, or fire safety system report as appropriate.
If the certifier is referring an application for a certificate to FRNSW because of an imposed condition, and sections 25-29 of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 does not apply (i.e. a deemed-to-satisfy design), the certifier should simply make a request for a written report.
Note: Any timeframes prescribed within the conditions imposed on the certifier will apply.
In this case, the certifier should apply for a Written report - BDC condition report for any corresponding application for a CDC or CC, or apply for a General fire safety inspection or assessment for any corresponding application for an OC.
A copy of the conditions imposed on the certifier must be provided when attaching supporting documents with the application.
Further information is available from: