Fire safety reports now discretionary

Changes to the Environmental Planning and Assessment Regulation 2000 mean that fire safety reports are now discretionary.

Under clauses 144 and 152, Fire and Rescue NSW (FRNSW) now has discretion whether or not to provide initial and final fire safety reports. This enables FRNSW to focus on buildings that present the highest risk.

Other changes include clarifying the referral process to increase certainty for certifying authorities and others and clarifying the scope of commentary in a final fire safety report.

Under clause 144, certifying authorities must still refer construction certificate (CC) applications, for certain large buildings that involve certain kinds of fire safety alternative solutions, to Fire and Rescue for review and comment.

Also unchanged are provisions dealing with triggers for referral, time of referral, documents to be referred, and obligations on certifying authorities when an initial fire safety report is received.

Under savings and transitional provisions, the new processes apply to referrals received by Fire and Rescue on or after the commencement of the regulatory amendments.

The new processes also apply to referrals received before the commencement of the amendments, if the CC application has not been determined.

Certifying authorities that have made a referral under clause 144 before commencement of the amendments must notify Fire and Rescue within 28 days of the commencement that they have referred a CC application and whether it has been determined.

For more details of the changes access a copy of the Environmental Planning and Assessment Amendment (Fire Safety Reports) Regulation 2015 here.