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Fire safety exemption

The person eligible to make a development application may lodge an objection with Fire & Rescue NSW (FRNSW) that compliance with any specified Category 3 fire safety provision is unreasonable or unnecessary for proposed building works.

If compliance with any Category 3 fire safety provision is considered to be unreasonable or unnecessary in the particular circumstances of any proposed class 2 to 9 building, an application for exemption can be made under clause 188 of the Environmental Planning and Assessment Regulation 2000 (EP&A Reg.). The applicant must specify the grounds of the objection and provide details on why the provision is unreasonable or unnecessary.

FRNSW will not grant a fire safety exemption if:

  • the provision is subject to a fire safety upgrade Order (i.e. an application cannot be made to be exempt from a council Order)
  • the construction certificate (CC) has already been issued (i.e. an application cannot be made to be exempt from the plans and specifications determined by the certifying authority who issued the CC)
  • non-compliances are identified during any certification (i.e. an application cannot be made to exempt the non-compliances)
  • a condition has been imposed on the development consent (i.e. an application cannot be made to be exempt from requirements imposed on the development by the consent authority).

If satisfied with the given grounds for objection, FRNSW may grant an exemption from the specified Category 3 provision for the development either conditionally or unconditionally. Any conditions imposed by FRNSW must be included in the plans and specifications for the building work, or included in the conditions attached to the CC or development consent.

Note: If consultation on a possible fire safety exemption is being sought prior to making a formal application for exemption under clause 188 of the EP&A Reg., the FRNSW report (other) application should be used for this consultation with FRNSW. 

Form

Request for Report - Fire Safety Exemption  (Adobe, 360 kb pdf)

What do I get?

The applicant will receive written correspondence from FRNSW outlining the determination on the fire safety exemption.

Costs

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.

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 & charges for services page.

Further information

About FRNSW forms

Submitting plans and specifications to FRNSW