Every development consent for building work in NSW that involves fire safety carries conditions — specific requirements that must be satisfied before the next stage of the approval process can proceed. For builders and developers, understanding and actioning these conditions correctly is the difference between a smooth certification process and costly delays.
Reading Fire Safety Conditions
Fire safety conditions in a development consent are typically found in a dedicated section of the consent document, often headed 'Fire Safety' or 'Building and Construction'. They may be standard conditions applied to all development of a particular type, or they may be specific conditions arising from the particular design, site or use of the building.
Each condition will typically specify: what is required; when it must be satisfied (prior to CC, during construction, prior to OC); and who must certify compliance. Read each condition carefully and map it to your construction programme before starting work.
Construction Certificate Stage
Conditions that must be satisfied prior to the Construction Certificate (CC) typically require: confirmation that the design complies with specified fire engineering solutions or performance-based approaches; submission of fire engineering reports for council or certifier review; confirmation of the fire safety schedule; and in some cases, payment of security bonds related to fire safety rectification.
During Construction
Construction stage conditions that relate to fire safety typically include: inspection hold points where the certifier must inspect specific fire safety elements before they are concealed; requirements to obtain and retain product evidence (CodeMark, test reports) for all fire-rated products; documentation of penetration seals before wall lining; and notification requirements to the certifier when specific stages are reached.
Critical Hold Points
- Fire wall construction — before any penetrations are made and before wall lining is applied
- Penetration sealing — before any covering works conceal the sealed penetrations
- Fire door installation — before final hardware is fitted
- Passive fire protection generally — before fire-rated elements are concealed by other works
Occupation Certificate Stage
Prior to the Occupation Certificate (OC), the certifier must be satisfied that all fire safety conditions have been met. This typically requires: a fire safety certificate signed by a competent fire safety practitioner confirming all essential fire safety measures have been installed and are operational; commissioning records for all active fire protection systems; as-built documentation for passive fire protection elements; and the initial fire safety statement confirming all measures meet the required standard.
Start Documentation Early
Fire safety documentation requirements at OC stage are extensive. Start collecting product evidence, test reports and installation records from day one of construction — not in the weeks before your OC application. Retrofitting documentation after construction is completed is extremely difficult and can delay OC by months.
Put This Into Practice
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