Section 7: Providing information to the FES Commissioner

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The Building Act contains certain provisions requiring prescribed information to be provided to the Fire and Emergency Services (FES) Commissioner.

Building surveyor requirements (r. 18B)

For certain Class 2 to Class 9 buildings, the building surveyor responsible for signing the certificate of design compliance (CDC) must provide to the FES Commissioner plans and specifications for the building in sufficient detail to allow assessment of compliance with the FES Commissioner’s operational requirements. The building surveyor must provide the plans and specifications to the FES Commissioner at least 15 business days before signing a CDC.

A copy of the FES Commissioner’s advice (if any) must be provided to the permit authority with the CDC as part of the building permit application.

Within 10 days of receiving the FES Commissioner’s advice, the building surveyor must notify the FES Commissioner in writing of any part of the advice that is not incorporated in the plans and specifications that are specified in the CDC and the reasons for not incorporating that advice. Details of this notification must be included in the completed CDC.

Building permit requirements

A building permit cannot be granted unless the applicant for the permit has deposited with the FES Commissioner a copy of the plans and specifications specified in the CDC in respect of prescribed Class 2 to Class 9 buildings.

Occupancy permit requirements

The permit authority which grants an occupancy permit in relation to the building surveyor requirements above must give a copy of the occupancy permit to the FES Commissioner. Details of any modification of that occupancy permit must also be provided to the FES Commissioner.

Class 2 to Class 9 buildings that do not need to meet the above requirements

Regulation 18B outlines some exceptions to the need to submit plans and specifications to the FES Commissioner.

These are where the CDC is in respect of:

A stand-alone, single storey Class 5,6,7 or 8 building having a total floor area of 500m2 or less and no Building Code alternative solution is proposed relating to fire safety (r. 18B(2))
Example: A proposed building or an addition to an existing building where the total floor area of the entire completed building is 500m2 or less and is a single storey of Class 5,6,7 or 8.

A Class 2 to Class 9 building that is being renovated, altered, improved or repaired and no Building Code alternative solution is proposed relating to fire safety (r. 18B(3))
Example: Fit out works to an existing building with no fire safety alternative solution proposed. Please note an extension or addition to an existing building does not fall under this exception.

A stage of building work to a Class 2 to Class 9 building where Building Code section C, Part E1 or Part E2 do not apply to that stage (r. 18B(4))
Example: Forward works for structural works only up to and including ground level slab that does not affect compliance with BCA Section C, Part E1 or E2.

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