Clause 3
|
Definitions
|
Dictionary-
|
Definitions moved into Schedule 2 of the new regulation.
1. Accredited Practitioner definition changed to “Accredited Practitioner (fire safety).
2. Definition of“AS1670.1” added.
3. Definition of“Approved form” added.
4. Changes to BASIX definitions (there are many) some of note are:
- Additional exclusions added for some boarding houses, seniors housing, group homes and hostels.
- Codemark scheme definition added.
- “Critical fire safety measure” definition added.
- “dwelling” definition now also references the standard instrument definition
- Definition added “essential fire safety measure”
- Definition added “final fire safety certificate”
- Definition of “fire safety engineer” recognises them under BAD Certifiers Act 2018.
- Definition added “Hydraulic fire safety system” .and separately “alteration to hydraulic fire safety system”
- Definition added “interim fire safety certificate”
- Definition added “applicant”
- Definition of “exit” changed to “fire exit” and now includes an exit under a past approval or law regardless of whether that law still exists.
- Definition added “Registration Secretary”.
- Definition added “relevant building work plans and specifications”.
- Definition added “relevant fire safety system”.
- Definition added “relevant provisions”.
- Definition added “required information”.
- Definition added “sole occupancy unit’.
|
Members to note and change relevant company check sheets related to development certificates as needed.
|
Clause 103
|
Notice of appointment of principal certifier
|
Section 57
|
No change in effective content
|
Nil
|
Clause 103A
|
Notice of critical stage inspections
|
Section 58
|
No change in effective content
|
Nil
|
Clause 104
|
Notice to commence subdivision work or erection of building
|
Section 59
|
No change in effective content
|
Nil
|
Compliance Certificates
|
|
|
Clause 138
|
Compliance certificate
|
Section 4, 5
|
Appears to be fine tuning rather than change
|
Nil
|
Clause 138A
|
Restriction on issue of compliance certificate
|
Section 6
|
Penalties added.
|
Nil
|
Construction Certificates
|
|
|
Clause 139
|
Applications for construction certificates
|
Section 7
|
Updated clause in relation to planning portal
|
Nil
|
Clause 139A
|
Withdrawal of construction certificate application
|
Section 11
|
Reworded, same meaning
|
Nil
|
Clause 140
|
Certifier may require additional information
|
Section 12
|
Clause re-worded and made clearer.
Now refers to information “certifier considers necessary” rather than “information considered essential”
Word change makes it easier for certifiers to request information they consider necessary.
|
Nil
|
Clause 141
|
(repealed 26/6/20 by the Environmental Planning and Assessment Amendment (Planning Portal) Regulation 2020)
|
-
|
No change
|
Nil
|
Clause 142
|
Determination of construction certificate applications
|
Section 13
|
Rewording and reference clause changes. Nothing apart of concern
|
Nil
|
Clause 142A
|
Deemed refusal for construction certificate applications
|
Section 119
|
Complete rewording. Basic provisions appear the same. Lawyer may differ.
|
Nil.
|
Clause 143
|
Fire protection and structural capacity
|
Section 14
|
Complete rewording.
Attempt to make clearer what is required. Certifiers to note and read this clause when they do code assessments as the meaning may change for individual project circumstances.
|
Nil
|
Clause 143A
|
Construction certificates for residential apartment buildings
|
Section 15
|
Reworded. Content appears same.
|
Nil
|
Clause 143B
|
Inspections for construction certificates
|
Section 16
|
Reworded. Content appears same.
|
Nil
|
Clause 143C
|
Record of site inspections
|
Section 17
|
Reworded. Content appears same.
|
Nil
|
Clause 144
|
Referrals to NSW Fire Brigades
|
Section 25 - 29
|
Dept of Planning has advised –
Whilst the wording of the former cl.144 EP&A Regulation 2000 has been simplified in the new s.26 including with the term “relevant building work” the obligations that apply to specified applications have not changed. In addition, whilst the specific words “erection, rebuilding, alteration, enlargement or extension” do not appear in new s.26 all of these types of development are nevertheless still Clause 144 Referrals to NSW Fire Brigades Section 25 - 29 AAC raised a number of concerns for certifiers to note including for certifiers to note the new term “relevant building work”. AAC advised members to read Sections 25-29. We note the advice from Fair Trading below.
Fair Trading have advised –
Whilst the wording of the former cl.144 EP&A Regulation 2000 has been simplified in the new s.26 including with the term “relevant building work” the obligations that apply to specified applications have not changed. In addition, whilst the specific words “erection, rebuilding, alteration, enlargement or extension” do not appear in new s.26 all of these types of development are nevertheless still captured because of the thread of definitions contained within the Environmental Planning and Assessment Act 1979 (EP&A Act)
Specifically:
• s. 1.4 defines the erection of a building as including the rebuilding of, the making of alterations to, or the enlargement or extensions of, a building.
• s. 1.4 also defines a building as including part of a building.
• s. 6.1 defines building work (in summary) as any physical activity involved in the erection of a building and also includes any structure or part of a structure.
• s. 6.1 also defines new building to include an altered part of, or an extension to, an existing building.
The definitions in the EP&A Act affect the interpretation and application of the provisions in this new Regulation and these must be read together.
|
Note
|
Clause 144A
|
Performance solution reports for fire safety aspects
|
Section 18
|
Rewritten content.
Certifiers to read and note.
|
Nil
|
Clause 145
|
Compliance with consent and BCA
|
Section 19
|
AAC notes issues that members may have come across with the CodeMark scheme over the past couple of years (such as reduced industry confidence, withdrawn certificates etc).
Certifiers to read the clause and take care that Codemark Certificates are appropriate to the work.
Where appropriate and detailed properly, the Codemark product is not permitted to be refused (except where a product is prohibited under the Products (Safety) Act 2017.
Note that certifiers have indemnity for acceptance of a design (where applied correctly).
We note that the Codemark Scheme continues to be supported by NSW Regulation.
|
Note
|
Clause 146
|
Compliance with development consent conditions
|
Section 20
|
Rewording
Penalties stated.
|
Note
|
Clause 146A
|
Compliance with planning agreement
|
Section 21
|
No change
Penalties added.
|
Nil
|
Clause 146B
|
Compliance with planning agreement
|
Section 22
|
Rewording
Certifiers to read and note.
|
Nil
|
Clause 147
|
Form of construction certificate
|
Section 23
|
AAC has raised a concern about this clause being confusing.
23 Information to be included in construction certificate—the Act, s 6.33(1)
(1) A certifier must not issue a construction certificate unless the certificate contains the following information—
........
(g) a statement to the effect that building work completed in accordance with the documents accompanying the application for the certificate, including modifications verified by the certifier shown on the documents, will comply with the requirements referred to in the Act, section 6.12,
In response, Dept of Planning advised -
23(g) makes reference to 6.12 of the Act, which is an error.
23(g) should make reference to s.6.6(2) of the Act, which reflects no change from the former Clause 147 of EPAR2000 which referenced s.6.6(2) of the Act.
The department intends to correct the error in an upcoming amendment.
Given that the Certifier is required to make a declaration when issuing a CC, confirming compliance with 23(g), the advice from the department is that
"a practical approach would be for them to make a statement that the requirements in s6.6(2) were complied with as this is the relevant section and is what we’ll be amending the provision to state."
|
Certifiers to amend their certificate format accordingly.
|
Clause 148
|
Modification of construction certificate
|
Section 24
|
Reworded.
Appears to have same meaning.
|
Nil
|
Subdivision works certificates
|
|
|
Clause 148A
|
Application for subdivision works certificate
|
Section 30
|
The Department of Planning has confirmed the documents that were previously specified in Part 3A of Schedule 1 to the EP&A Regulation 2000 have now been listed in the new s.30(2), however these requirements are not new or additional.
There has been no change to the requirements applying to applications for subdivision works certificate, just a consolidation of the existing requirements.
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Note
|
Clause 148B
|
Withdrawal of application
|
Section 31
|
Minor rewording
|
Nil
|
Clause 148C
|
Certifier may require additional information
|
Section 32
|
Reworded
|
Nil
|
Clause 148D
|
(repealed 26/6/20 by the Environmental Planning and Assessment Amendment (Planning Portal) Regulation 2020)
|
-
|
Note
|
Nil
|
Clause 148E
|
Procedure for determining application
|
Section 33
|
|
Nil
|
Clause 148F
|
Compliance with development consent
|
Section 34
|
Definition added for “design and construction of subdivision work”
Section reworded.
Penalties added to section.
|
Nil
|
Clause 148G
|
Compliance with planning agreement
|
Section 34
|
Reworded
|
Nil
|
Clause 148H
|
Form of certificate
|
Section 35
|
No change
Penalties added.
|
Nil
|
Clause 148I
|
Modification of certificate
|
Section 36
|
Reworded.
Some additional clarification about the application of the provision.
|
Nil
|
Clause 148J
|
Deemed refusal period for certificate
|
Section 119
|
No change
Penalties added.
|
Nil
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Occupation Certificates
|
|
|
Clause 149
|
Applications
|
Section 37
|
Reworded
Penalties added.
|
Nil
|
Clause 149A
|
Certifier may require additional information
|
Section 38
|
Reworded
|
Nil
|
Clause 150
|
(repealed 26/6/20 by the Environmental Planning and Assessment Amendment (Planning Portal) Regulation 2020)
|
-
|
Note
|
Nil
|
Clause 151
|
Procedure for determining application
|
Section 39
|
Reworded. Penalties added.
|
Nil
|
Clause 151A
|
Deemed refusal period for certificate
|
Section 119
|
Section 119 totally rewritten. Instead of just covering Occupation Certificates, section 119 covers deemed refusal periods for appeals for DA, CC, OC and Subdivision applications.
Additional definitions provided.
|
Reads OK.
Nil
|
Clause 152
|
Reports of Fire Commissioner
|
Section 50
|
Reworded. Penalties added.
|
Nil
|
Clause 152A
|
Reports of Fire Commissioner for Class 2 or 3 buildings
|
Section 51
|
The Dept of Planning has advised there is no effective change (see below).
From the Dept of Planning:
The former cl.152A EP&A Regulation 2000 applied to all Class 2 or 3 buildings that involved installing, extending or modifying a relevant fire safety system in the building.
The corresponding new s.51 has the same operation.
The reference to cl.144 in the former cl.152A(2)(b) EP&A Regulation 2000 provided (in summary) an ‘exemption’ from needing to comply with the requirements of clause 152A(1) EP&A Regulation 2000.
Specifically, where clause 144 EP&A Regulation 2000 applies to the building work and the Fire Commissioner has furnished a report for the building under clause 152. This remains unchanged in the new s.51.
|
Note.
|
Clause 152B
|
Performance solution reports
|
Section 40
|
Reworded. Penalties added.
|
Nil
|
Clause 153
|
Fire safety certificates
|
Section 41
|
Reworded. Penalties added.
|
Nil
|
Clause 153A
|
(repealed 30/6/17 by the Environmental Planning and Assessment Amendment (Fire Safety and Building Certification) Regulation 2017)
|
-
|
Note
|
Nil
|
Clause 154
|
Health, safety and other issues
|
Section 42
|
Reworded. Penalties added.
|
Nil
|
Clause 154A
|
Requirements for residential apartment buildings
|
Section 43
|
Reworded. Penalties added.
Definition of “design statement” added.
|
Nil
|
Clause 154B
|
Fulfilment of BASIX commitments
|
Section 44
|
Reworded. Penalties added.
|
Nil
|
Clause 154C
|
BASIX completion receipt
|
Section 45
|
Reworded. Penalties added.
|
Nil
|
Clause 154D
|
Lighting affecting Siding Springs Observatory
|
Section 47
|
Reworded.
Additional land area added.
Penalties added.
Certifiers take care to note changes related to complying development.
|
Nil
|
Clause 154E
|
Compliance with planning agreement
|
Section 48
|
Reworded. Penalties added.
|
Nil
|
Clause 154F
|
Payment of development contributions
|
Section 46
|
The Dept of Planning has advised that the new s.46 transfers existing requirements in the 2000 Regulation without change, aside from re-phrasing and consolidation of several clauses.
.
|
Certifiers to ensure all captured by their OC checklists
|
Clause 155
|
Form of certificate
|
Section 49
|
Department of Planning has advised –
There has been no change to the application of this provision.
The former cl.155(1)(e)(ii) EP&A Regulation 2000 specifically referred to a development consent or a complying development certificate being in force for the building, and whilst the new s.49(1)(h)(ii) now only refers to a development consent it still applies to complying development certificates because the definition of a development consent in s1.4 of the EP&A Act includes a complying development certificate.
New s.49(1)(h)(iii) requires an OC to contain a statement to the effect that “if building work has been carried out—a current construction certificate has been issued in relation to the building work plans and specifications,”.
This tends to suggest that building work can only be undertaken under a CC.
However, building work could also be undertaken under a CDC.
Alternatively, the provision could be read as an OC can’t be issued for building work undertaken under an CDC.
The corresponding former cl.155(1)(e)(iii) EP&A Regulation 2000 did reference both CCs and CDCs. Notwithstanding that a CDC is a development consent referenced in s. 49(1)(h)(ii) the reference to CDC may need to be reinstated in s. 49(1)(h)(iii).
|
Note
|
Clause 156
|
When an occupation certificate is not required
|
Section 52
|
Reworded.
|
Nil
|
Clause 156A
|
Condition apply to occupation certificates for partially completed buildings
|
Section 53
|
Reworded.
|
Nil
|
Subdivision certificates
|
|
|
Clause 157
|
Applications
|
Clause 54
|
Reworded. Penalties added.
|
Nil
|
Clause 158
|
Certifier may require additional information
|
Clause 55
|
Reworded.
|
Nil
|
Clause 159
|
(repealed 30/6/17 by the Environmental Planning and Assessment Amendment (Fire Safety and Building Certification) Regulation 2017)
|
-
|
Nil.
|
Nil.
|
Clause 160
|
Procedure for determining certificate
|
Section 56
|
Reworded.
Penalties added.
|
Nil
|
Clause 160A
|
(repealed 30/8/19 by the Environmental Planning and Assessment Amendment (Building and Subdivision Certification) Regulation 2019)
|
-
|
Nil.
|
Nil.
|
Clause 160B
|
Deemed refusal period
|
Section 119
|
Complete rewording.
Basic provisions appear the same.
New definitions added.
|
Nil.
|
General provisions
|
|
|
|
|
Clause 161
|
Certifiers may be satisfied as to certain matters
|
Section 73
|
Reworded.
Content appears to be the same.
|
Nil.
|
Clause 161A
|
Directions notices
|
Section 66
|
Reworded.
Content appears to be the same.
|
Nil.
|
Clause 161B
|
General duties of principal certifiers
|
Section 67
|
Reworded.
Penalties added.
|
Nil
|
Clause 162
|
Replacement of principal certifier
|
Section 68
|
Reworded.
Content appears to be the same.
Penalties added.
|
Nil.
|
Clause 162AA
|
Provision of information to replacement principle certifier
|
Section 69
|
Reworded.
Content appears to be the same.
Penalties added.
|
Nil.
|
Clause 162A
|
Critical stage inspections for building work
|
Section 61
|
Dept of Planning advises –
The inspection of the excavation and prior to the placement of the 1st footing for class 2, 3 and 4 buildings appeared in the former cl.162A(7A)(b) EP&A Regulation 2000 and appears in the new s.61(3)(a) – there were no changes to the critical stage inspection requirements for class 2, 3 and 4 buildings in the new Regulation.
|
Note
|
Clause 162AB
|
Critical stage inspections at certain Ports
|
Section 62
|
Reworded.
Penalties added.
|
Nil
|
Clause 162B
|
Record of critical stage and other inspections
|
Section 63
|
Reworded.
Penalties added.
|
Nil
|
Clause 162C
|
Progress inspection unavoidably missed
|
Section 64
|
Reworded.
Definition added specific to this section.
Penalties added.
|
Nil
|
Clause 162D
|
Notification to council of significant fire safety issues
|
Section 60
|
Reworded
Penalties added
|
Nil
|
Clause 163
|
Notice to allow inspections
|
Section 65
|
Reworded
Penalties added
|
Nil
|
Clause 164
|
No need for duplicate notices
|
Section 118
|
Reworded
Penalties added
|
Nil
|
Clause 164A
|
BASIX certificates
|
Section 71
|
Reworded
Penalties added
|
Nil
|
Clause 164B
|
BCA exemption for certain building work
|
Section 74
|
Reworded.
|
Nil
|
Clause 164C
|
Interpretation
|
Omitted.
Relevant definitions have been transferred to the Dictionary.
|
Note – Definitions now sit in Schedule 2 – dictionary except where included in a specific section of the new reg.
|
Nil
|
Fire safety provisions
|
|
|
|
|
Clause 165
|
Definitions
|
Dictionary
|
Note – Definitions now sit in Schedule 2 – dictionary except where included in a specific section of the new reg.
|
Nil
|
Clause 166
|
Statutory fire safety measures
|
Section 79
|
Dept of Planning advises –
Lightweight construction appeared in the table to the former cl.166 and appears in the table to the new s.70(4) – there were no changes to the statutory fire safety measures listed in the new Regulation.
|
Note
|
Clause 167
|
Application of part
|
Omitted.
Each new section identifies the application of that provision to certain building types.
|
Noted. Much less confusing for readers than the EPAR, Cl 167.
|
Nil
|
Clause 167A
|
(repealed 31/10/18 by the Building and Development Certifiers Act 2018)
|
-
|
Noted
|
Nil
|
Fire safety schedules
|
|
|
|
|
Clause 168
|
Fire safety schedules
|
Section 78, 79
|
AAC queried the use of the term “person” as potentially confusing.
Dept of Planning advises –
Parliamentary Counsel’s Office (PCO) writes the wording of all provisions in legislation and regulation and it was their choice to use the term ‘person’ instead of specifying who is qualified to issue each of those types of approvals/certificates/fire safety orders listed in these sections.
This was done to streamline provisions by removing unnecessary and duplicative words, given that the persons who are qualified to issue each of those approvals/certificates/fire safety orders are defined elsewhere in the Regulation.
The Department notes the AAC’s concern that it may be clearer to explicitly list who the person taking the actions in this section is, however the Department is not in a position to override PCO’s drafting style.
|
Certifiers review checklists.
Perhaps make internal notes for relevant Reg clauses, within checklists that “person” means “XXX” to assist staff.
|
Clause 168A
|
(repealed 20/12/13 by the Environmental Planning and Assessment Amendment (Complying Development and Fire Safety) Regulation 2013)
|
-
|
Noted
|
Nil
|
Clause 168B
|
Fire sprinklers in residential aged care facilities
|
Omitted.
The program under Part 9 Division 7B has been completed and those provisions removed.
|
Noted
|
Nil
|
Fire safety orders
|
|
|
|
|
Clause 169
|
Fire safety schedules and fire safety certificates
|
Section 80
|
AAC queried the use of the term “person” as potentially confusing.
Dept of Planning advises –
Parliamentary
Counsel’s Office (PCO) writes the wording of all provisions in legislation and
regulation and it was their choice to use the term ‘person’ instead of
specifying who is qualified to issue each of those types of
approvals/certificates/fire safety orders listed in these sections.
This
was done to streamline provisions by removing unnecessary and
duplicative words, given that the persons who are qualified to issue
each of those approvals/certificates/fire safety orders are defined
elsewhere in the Regulation.
The Department notes the AAC’s concern that it may be clearer to explicitly list who the person taking the actions in this section is, however the Department is not in a position to override PCO’s drafting style
|
Certifiers review checklists.
Perhaps make internal notes for relevant Reg clauses, within checklists that “person” means “XXX” to assist staff.
|
Fire safety certificates
|
|
|
|
|
Clause 170
|
What is a final fire safety certificate
|
Section 83
|
Previous 2 clauses combined into 1.
|
Nil
|
Clause 171
|
Issue of final fire safety certificates
|
Section 84
|
Reworded
|
Nil
|
Clause 172
|
Certificates issued to Fire Commissioner and displayed
|
Section 85
|
Reworded
Penalties added.
|
Nil
|
Clause 173
|
What is an interim fire safety certificate
|
Section 83
|
Previous 2 clauses combined into 1.
|
Nil
|
Clause 174
|
Form of final fire safety certificate
|
Section 86
|
Reworded.
Penalties added.
|
Nil
|
Fire safety statements
|
|
|
|
|
Clause 175
|
What is an annual fire safety statement
|
Section 88
|
Reworded.
Penalties added.
|
Nil
|
Clause 176
|
Issue of annual fire safety statement
|
Section 88
|
Previous 2 clauses combined into 1.
|
Nil
|
Clause 177
|
Statement to be given to Fire Commissioner and displayed in building
|
Section 89
|
Reworded.
Penalties added.
|
Nil
|
Clause 178
|
What is a supplementary fire safety statement
|
Section 90
|
AAC Query – can a supplementary fire safety statement be issued to satisfy the 6 month limitation under subsection 74(5)(d) ?.
Department of Planning's response -
The new s.74(5)(d) (in summary) enables the granting of an exemption for building work where a fire safety certificate or fire safety statement that relates to or includes the fire safety system being modified or extended was issued for the building no longer than 6 months before the objection was made. However, this exemption operates as a package with the rest of s.74(5).
The Dictionary in the Regulation defines a fire safety statement to mean an annual fire safety statement or supplementary fire safety statement. Therefore, a supplementary fire safety statement could potentially satisfy the requirements of s.74(5)(d) if it includes the fire safety system being modified or extended and also subject to compliance with all other applicable components of s.74.(5).
|
Certifiers to note.
|
Clause 179
|
Issue of supplementary fire safety statement
|
Section 90
|
Reworded.
Penalties added.
|
Nil
|
Clause 180
|
Supplementary statement to be given to Fire Commissioner and displayed in building
|
Section 91
|
Reworded.
Penalties added.
|
Nil
|
Clause 181
|
Form of fire safety statements
|
Section 92
|
Reworded.
Penalties added.
|
Nil
|
Fire safety maintenance
|
|
|
|
|
Clause 182
|
Essential fire safety measures to be maintained
|
Section 81
|
Reworded.
Penalties added.
|
Nil
|
Miscellaneous fire safety offences
|
|
|
|
|
Clause 183
|
Fire safety notices
|
Section 108
|
Reworded.
Penalties added.
|
Nil
|
Clause 184
|
Fire exits
|
Section 108, 109
|
Reworded.
Definitions added.
Penalties added.
|
Nil
|
Clause 185
|
Doors relating to fire exits
|
Section 109
|
2 previous clauses combined into 1 section
|
Nil
|
Clause 186
|
Paths of travel to fire exits
|
Section 108, 109
|
As above
|
Nil
|
Smoke Alarms
|
|
|
|
|
Clause 186A
|
Smoke alarms must be installed in buildings
|
Section 95, 96, 97
|
Clause 186A split into three new sections.
Rewording.
Additional detail added.
Penalties added.
|
Nil.
|
Clause 186AA
|
Smoke alarms must be installed in moveable dwellings
|
Section 98
|
Reworded.
Penalties added.
|
Nil
|
Clause 186B
|
Specifications for smoke alarms
|
Section 90
|
Rewritten.
Penalties added.
|
Nil
|
Clause 186C
|
Removal or interference with smoke alarms
|
Section 100
|
Rewritten.
Penalties added.
|
Nil
|
Clause 186D
|
Development consent to install smoke alarms
|
Section 101
|
Rewritten
|
Nil
|
Clause 186E
|
Smoke and heat alarms that are essential fire services
|
Section 102
|
Rewritten
|
Nil
|
Clause 186F
|
Transitional provisions
|
Omitted.
|
Noted
|
Nil
|
Clause 186G
|
Transitional provisions
|
Omitted.
|
Noted
|
Nil
|
Fire sprinklers in certain residential aged care facilities
|
|
|
|
|
Clause 186H
|
Definitions
|
Omitted.
Division 7B of Part 9 of the 2000 Regulation (which required the installation of fire sprinklers in residential aged care facilities) was not been replicated in the new Reg because the completion date for installation has passed and the program is complete.
|
Noted
|
Nil
|
Clause 186I
|
Application
|
|
Noted
|
Nil
|
Clause 186J
|
Requirement to install fire sprinkler systems
|
|
Noted
|
Nil
|
Clause 186K
|
Nominated completion date
|
|
Noted
|
Nil
|
Clause 186L
|
Postponement of completion date
|
|
Noted
|
Nil
|
Clause 186M
|
Accordance with fire Sprinkler Standard
|
|
Noted
|
Nil
|
Clause 186N
|
Occupation certificates
|
|
Noted
|
Nil
|
Clause 186O
|
Installation in facilities with 1 March 2016 completion date
|
|
Noted
|
Nil
|
Clause 186P
|
Notices for facilities without fire sprinkler systems
|
|
Noted
|
Nil
|
Clause 186Q
|
Implementation committee
|
|
Noted
|
Nil
|
Clause 186R
|
Applications for CDC and construction certificates
|
|
Noted
|
Nil
|
Combustible Cladding
|
|
|
|
|
Clause 186S
|
Certain building owners to provide information
|
Section 103, 104
|
Dept of Planning confirmed –
The former cl.186S EP&A Regulation 2000 limited the requirement to register buildings with combustible cladding to specific classes of buildings set out in cl.167(1)(c) EP&A Regulation 2000 –
the new s.103 does not impose any new or further limitations of application, it merely consolidates the two previous clauses.
|
Note
|
Clause 186T
|
Building owner may be directed to provide information
|
Section 104, 105
|
Reworded.
|
Nil
|
Clause 186U
|
Register of buildings with combustible cladding
|
Section106
|
Reworded.
|
Nil
|
Miscellaneous
|
|
|
|
|
Clause 187
|
Modification and supplementation of the BCA
|
Section 115 - 117
|
Reworded.
Original clause split into multiple new sections.
Rarely used.
|
Nil
|
Clause 188
|
Exemption from fire safety standards
|
Section 111
|
Rewritten.
Penalties added.
|
Nil
|
Clause 189
|
Fire brigades’ inspection powers
|
Section 112
|
Rewritten
|
Nil
|
Clause 190
|
Offences relating to certain Crown property
|
Omitted.
Section 9.35 of the Act limits the issuing of development control orders to certain property of the Crown
|
Noted
|
Nil
|
Clause 190A
|
CDCs and CCs for fire sprinkler systems in residential for seniors
|
Section 113
|
Rewritten.
Standard is now the BCA.
Definition added – “residential care facility and seniors”
|
Nil
|
Clause 190B
|
Plans and specs for fire safety systems
|
Section 114
|
Rewritten.
Penalties added.
Definition added – “fire safety plans and specifications”
|
Nil
|
Accreditation of building products and systems
|
|
|
|
|
Clause 224
|
CodeMark scheme
|
Section 19, 120
|
Reworded.
|
Nil
|
Clause 225
|
Savings provisions
|
Omitted.
|
Noted
|
Nil
|
Development by the Crown
|
|
|
|
|
Clause 226(2) and
(3)
|
Prescribed persons
|
Section 121
|
Rewording and defining who is “crown”.
|
Nil
|
Clause 227
|
Technical provisions of the State’s building laws
|
Omitted.
Section 6.28 of the Act now refers to the BCA.
|
Noted
|
Nil
|
Supplementary provisions
|
|
|
|
|
Clause 227A
|
Signs of development sites
|
Section 75
|
Reworded.
Penalties added.
|
Nil
|
Fees and charges
|
|
|
|
|
Clause 262B
|
Fee for BASIX certificate
|
Section 72
|
Reworded
|
Nil
|
Registers and records
|
|
|
|
|
Clause 267A
|
Records relating to complaints
|
Section 70
|
Reworded.
Penalties added.
|
Nil
|
Provisions arising from transfer of provisions from Local Government Act
|
|
|
|
|
Clause 268A
|
Temporary structures for entertainment venues
|
Section 76
|
Noted
|
Nil
|
Clause 268B
|
(repealed 23/10/09 by the Environmental Planning and Assessment Amendment (Entertainment Venues) Regulation 2009)
|
-
|
Note
|
Nil
|
Miscellaneous
|
|
|
|
|
Clause 284
|
Penalty notice offences
|
Schedule 1
|
Not reviewed
|
Nil
|
Clause 295
|
Use of the NSW planning portal
|
Section 122
|
Reworded.
Additional definitions added.
|
Nil
|
Schedule 1 Forms
|
|
|
|
|
Clause 6
|
Documents to accompany application for construction certificate
|
Section8, 9, 10
|
No issue raised.
|
Nil
|
Clause 6A
|
BASIX certificate required for certain development
|
Section 10
|
No issue raised
|
Nil
|
Clause 6AB
|
Documents to accompany application for subdivision works certificate
|
Section 30
|
No issue raised
|
Nil
|
Clause 7
|
Abbreviations for building materials
|
Section 8
|
Noted
|
Nil
|
Penalty notice offences
|
|
|
|
|
Schedule 5
|
Penalty notice offences
|
Schedule 1
|
Not reviewed
|
Nil
|
|
|
|
|
|
|
|
|
|