Do you require Final Fire Safety Certificate for minor Change of Use?
Firas Naji
Senior Building Surveyor - Fire Safety (Grade A1 Unrestricted All Classes of Building) @ Campbelltown City Council | Town Planner & Building Code (BCA) Consultant @ Silver End Pty Ltd
Hi again Guys,
The Scenario: When issuing a Final Occupation Certificate OC for minor “Change of Use” for one small shop or tenancy within a shopping centre, that does not involve a change of the existing fire safety schedule of the base building (Example: Shopping Centre).
Let’s say it will involve installing an extra portable fire extinguisher or a fire blanket to the new shop or to the free-standing stall. Providing that particular fire safety measure being the extra portable fire extinguisher, or a fire blanket does exist in the existing fire safety schedule of the base building and it is being maintained regularly as per legislations.
All it is; just an addition of one more portable fire extinguisher or a fire blanket. Not adding an additional fire safety measure to the existing schedule, such as a new fire window, a new fire shutter, a new lightweight construction or a Performance Solution etc. that did not exist in the original existing fire safety schedule of the base building.
The Question: In this situation, do you think the appointed Principal Certifier PC is required to issue the Final Fire Safety Certificate together with the Final Occupation Certificate? And forward a copy to Council and Fire & Rescue NSW?
The Legislation: Mind you, Section 41 (2) (b) of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 states the following:
“ (2) A certifier must not issue an occupation certificate authorising a person to commence the following unless a fire safety certificate has been issued for the relevant part of the building— … (b) a change of building use for part of an existing building.”
The Inquiry: Does that mean it requires certification from the appointed Principal Certifier PC in the form approved by the Planning Secretary? Or can the Certifier just simply issue the Final OC and attach a copy of the recent Annual Fire Safety Statement AFSS instead of issuing the Final Fire Safety Certificate?
Have you come across this issue before? Please share your experience with us.
Disclaimer: This article is not to be taken out of its contexts. It is general in nature and does not relate to any particular site. You are strongly advised to seek your independent town planning or a legal advice for your site and not to rely on the opinion of this article or any comments within.
Please also note the attached image above (Showing Sushi Bar inside a Shopping Centre) does not relate to any project, it is for a visual representation to assist in understanding my enquiry.
Kind Regards
Firas Naji
2 February 2023
Director and Founder. Certifiers 2U Pty. Ltd. Keynote Speaker 诚信, 品质, 服务
2yGreat article Firas. I’m glad you are getting stuck into your new role. I would issue a fire safety schedule modifying the fire extinguisher on the schedule for the particular tenancy (depending on how the existing schedule is configured on the AFSS) with the CDC / CC for the fit out, do any required inspections, get the required certification including from the fire extinguisher installer, get the fire safety certificate completed by the fire safety assessor and signed by the owner and put the final fire safety certificate (edited) with the occupation certificate being issued. Then give a copy to FRNSW.
Construction & Development
2yYes for that part of the building if a new FSS is issued (in case of older builds without any) and/or new items added to the exist FSS. And no if nothing new has been added. From memory, every reno job we have done been like this. Even in the case of adding 1-2 new sprinkler heads to a shop in a centre no FSS was issued