Fire safety exemptions

FRNSW consider applications for exemption from fire safety standards, where compliance with any Category 3 fire safety provision is considered to be unreasonable or unnecessary in the particular circumstances of any proposed Class 2 to 9 building.

How to lodge an objection with FRNSW

To lodge an objection with the Commissioner of FRNSW in relation to exemption from any Category 3 fire safety provision, please refer to Fire safety exemption. A fire safety exemption application will not be considered in certain circumstances.

Are there circumstances in which FRNSW won't consider an objection (i.e. fire safety exemption application)?

FRNSW will not consider an objection if:

  • the provision is subject to a fire safety upgrade order—that is, an application cannot be made to be exempt from a council order.
  • the construction certificate (CC) has already been issued—that is, an application cannot be made to be exempt from the plans and specifications determined by the certifying authority who issued the CC.
  • non-compliances are identified during any certification inspection—that is, an application cannot be made to exempt any non-compliance.
  • a condition has been imposed on the development consent—that is, an application cannot be made to be exempt from requirements imposed on the development by the consent authority.

In circumstances where an objection is lodged and any of the above apply, FRNSW will contact the applicant and advise them to withdraw their application. A service charge will not be applicable, although the assessment fee is non-refundable.

What does the objection need to contain?

Legislation provides that the objection must:

  • specify the grounds of the objection
  • for proposed building work, include a copy of the building work and plans.

FRNSW fire safety exemption application form requests the provision of:

  • information about installed and proposed fire safety systems that are currently installed in the building, and which are proposed to be installed, upgraded or for which an exemption is being sought
  • details of the exemption being sought, including relevant National Construction Code deemed-to-satisfy provision and/or relevant Australian Standard and clause
  • relevant supporting documentation including documents such as:
    • a copy of the relevant DA, CDC or CC
    • the current and proposed fire safety schedule
    • plans and specifications (e.g. site plan, architectural plans, hydrant/sprinkler system schematics)
    • a copy of the current water authority pressure inquiry form (or equivalent)
    • other relevant information that will assist FRNSW in assessing the exemption.

Additional resources

The following apply to fire safety exemptions: