NSW – HENDRY building certifiers advise building owners and managers intending to alter their building should be aware of possible exemptions for compliance under the Environmental Planning and Assessment Regulation 2000 (EPAR).  If any Category 3 fire safety provisions (essential fire safety measures) is considered to be unreasonable or unnecessary in the particularly circumstances of a proposed development, application may be made to the Fire Commissioner (Fire and Rescue NSW) for an exemption from certain fire safety provisions.  (Category 3 fire safety provisions examples are fire hydrants, sprinklers, fire control centres, smoke hazard management, emergency lifts, etc.).

If any Category 3 fire safety provisions are considered to be unreasonable or unnecessary in the particular circumstances of a proposed development, application may be made to the Fire Commissioner under EPAR, for an exemption from certain fire safety standards for fire safety provisions.

There are two situations when this may apply under EPAR Clause 188:

  • A Development Application or an application for a complying development certificate for the change of building use for an existing building that does NOT seek any alteration, enlargement or extension of the building or alteration to fire safety provisions;
  • An application for a Construction Certificate for building work, other than building work associated with a change of building use.

There is no timeframe specified in EPAR.  It must be noted, however, that the fire safety provisions assessment is made on the basis of documents and plans submitted.  If the documentation is not complete under EPAR, Fire and Rescue NSW cannot proceed and the application will be rejected.

Building Legislation Table

Refer to our Building Legislation Table for further information on the building control process.