When a performance solution relating to a fire safety requirement for proposed building work is required, FRNSW is required to be consulted as a stakeholder through the performance-based design brief (PBDB) process under:
- section 26 of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 (EP&A(DCFS) Reg.)
- section 137(3)(b)(i) of the Environmental Planning and Assessment Regulation 2021.
The accredited practitioner (fire safety) engaged to develop a performance solution for proposed development should request Performance-based design brief consultation once the performance-based design has been developed. Any additional performance solutions proposed, or amendments to the proposed performance solutions, requires consultation with FRNSW.
Subsequent to the PBDB process, a performance solution report (PSR) is required be developed by the accredited practitioner (fire safety). The certifier must obtain or be provided with a PSR prior to issuing a construction certificate (CC) for building work that involves a performance solution in respect to fire safety provisions.
The certifier is then required to request an initial fire safety report (IFSR) when the application for construction certificate is received, under section 27 of the (EP&A(DCFS) Reg.).
Note: Cladding risk reports on existing buildings are not part of the above performance solution process and requests are to be made by applying for a Written report - Cladding report.
For any hazardous development under Chapter 3 of the State Environmental Planning Policy (Resilience and Hazards) 2021, please refer to Hazardous development for an outline of FRNSW consultation requirements.
Additional resources
The following apply to performance solutions:
Further information is available from: