Engineers and consultants
Engineers and consultants are engaged by a development proponent to provide expert advice in relation to proposed development, which may include any architect, BCA consultant, building surveyor, accredited practitioner (fire safety), consent/regulatory authority, dangerous goods specialist, fire protection installer, fire safety engineer, hydraulic engineer, other engineer, risk analyst etc. Any engineer or consultant may request FRNSW consultation or assessment in respect to the advice being given on behalf of the development proponent.
Note: FRNSW consultation advice does not negate any requirement for future formal assessment by FRNSW, or any determination required by any authority having jurisdiction.
Performance-based design brief consultation
An accredited practitioner (fire safety) who is engaged to develop a performance solution for proposed development is advised to engage FRNSW as a key stakeholder in the performance-based design brief (PBDB) or fire engineering brief (FEB) process.
As per Section 26 of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 (EP&A Reg.), the owner of a building must ensure that the person who develops a performance-based design brief for a performance solution for a fire safety requirement in the building requests the Fire Commissioner’s comments on the brief if—
(a) the building is a class 2, 3, 4, 5, 6, 7, 8 or 9 building, and
(b) a construction certificate is required for the building work comprising the performance solution.
Fire safety exemption
A person eligible to make a development application may lodge an objection with FRNSW that compliance with any specified Category 3 fire safety provision is unreasonable or unnecessary for the proposed building works. The grounds for objection must substantiate why the provision is considered unreasonable or unnecessary, and cannot be made in respect to objecting to a fire safety upgrade Order issued by a consent authority.
FRNSW written report
Any applicant may request FRNSW to provide a written report in respect to any other aspect of proposed works, which may include being a condition by NSW Fair Trading, a condition of a consent authority (e.g. State significant development, State significant infrastructure, or Crown building work), a fire safety study, an environmental impact study or other voluntary request for consultation.
Any applicant, whether the owner or a consultant engaged by the owner, may request a meeting with FRNSW on any fire safety matter outside of any formal assessment or consultation, subject to the discretion of FRNSW.