Certifier disciplinary condition report
The certifier may have a condition imposed upon their accreditation by the NSW Fair Trading that requires written advice (i.e. report) to be sought from Fire and Rescue NSW (FRNSW) before determining certain applications for a certificate.
The person having the benefit of a development consent or complying development certificate (e.g. development owner) is responsible for appointing a certifier for their development. In doing so they should carefully consider the certifier's accreditation category, accreditation history, insurance and whether any conditions have been imposed on them by NSW Fair Trading (or former accreditation bodies such as BPB). NSW Fair Trading maintains a register of all accredited certifiers for NSW which includes details concerning their accreditation.
Find an accredited certifier [external link]
Often conditions may be imposed upon a certifier that requires them to refer to FRNSW and seek written advice prior to determining an application for construction certificate, occupation certificate or complying development certificate. The condition may also stipulate that the certifier must consider FRNSW recommendations prior to their determination, and if any recommendation is not being followed or adopted, then to advise FRNSW in writing accordingly. The conditions will typically define certain time periods for referral by the certifier and a response by FRNSW, and identify if any exceptions to the condition applies.
Certifier disciplinary register [external link]
When the building works involve a performance solution to which sections 25-29 of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 (EP&A Reg.) applies, the legislated requirements of sections 25-29 and section 50 override any condition imposed on the certifier. In such cases the certifier should apply for an initial fire safety report or final fire safety report.
If the certifier is referring an application for a certificate to FRNSW because of an imposed condition to do so, and sections 25-29 of the EP&A Reg. does not apply, the certifier should use the FRNSW written report application form below, and include a copy of their conditions when attaching supporting documents.
FRNSW written report application (MS Word, 260 kb docx)
What do I get?
The applicant will receive a written report from FRNSW outlining their assessment and recommendations for the application.
The charge applicable is $2,600 for each day (or part of a day) spent by the Commissioner or a fire brigade member providing advisory, assessment or consultancy services. There is no charge applicable to local government authorities and consent authorities for this service.
For a full description of the charges applicable including terms, payment options, applying for a waiver or reduction of the charges, please refer to the fees and charges for services page.