Final fire safety report
Note on Complying Development Certificates and Final Fire Safety Reports:
Fire and Rescue NSW (FRNSW) has received a number of enquiries regarding the requirement for certifiers to request a Final Fire Safety Report from FRNSW for certain developments (in accordance with the requirements of section 50 of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021) following the receipt of an application for an Occupation Certificate, and whether these requirements are applicable to an application for an Occupation Certificate that relates to a Complying Development Certificate.
FRNSW and the Department of Customer Service have discussed this matter and are of the view that s50 of the abovementioned Regulation was only ever intended to apply to Occupation Certificate applications that relate to a Construction Certificate. The wording contained in s50(1) of the Regulation may not be as clear as it could be, but it is FRNSW view that the policy intent is clearly reflected in the definition of a Final Fire Safety Report contained in s50(8) of the Regulation. As such, it is FRNSW interpretation that a certifier is not required to request a Final Fire Safety Report for developments that were the subject of a Complying Development Certificate.
FRNSW understands that these requirements may be clarified in future amendments to the Regulation.
Please note however that FRNSW should still be consulted as a relevant stakeholder in other applications related to Complying Development Certificates as required, such as performance-based design briefs as per NCC Clause A2G2(4)(a), etc.
The certifier is required to request a final fire safety report (FFSR) from Fire and Rescue NSW (FRNSW) and consider any findings prior to issuing an occupation certificate (OC) for development involving building work with a performance solution for a fire safety requirement in a class 2, 3, 4, 5, 6, 7, 8 or 9 building.
The certifier should use the final fire safety report application form below. If an FFSR is being provided, FRNSW will arrange and conduct an inspection and provide the FFSR to the certifier within 10 working days.
If the application for OC also requires a fire safety system report under section 51 of the EP&A Reg. (i.e. class 2 or 3 building), the FFSR application form can be used to request both reports concurrently. If separate applications are made instead, two reports with applicable charges may result.
The certifier must ensure the building is ready for the inspection, and any application for OC should be refused if building works are incomplete.
Form
Final fire safety report application (MS Word)
What do I get?
The certifier will receive an FFSR which is to be used when determining the application for OC being applied for. The FFSR identifies whether FRNSW is satisfied that building works comply with the performance solution for a fire safety requirement that was the subject of the construction certificate, fire hydrants are accessible, and hose couplings in the fire hydrant system are compatible with FRNSW.
Costs
The charge applicable to furnish a FFSR comprises a charge based on the cost of the inspection and $180 for the assessment of each applicable Category 2 fire safety provision.
The inspection charge for the initial inspection is $215 for the first two (2) hours and $200 for each additional hour thereafter of the initial inspection, including travelling time. For any subsequent re-inspection, the charge is $430 for the first two (2) hours and $200 for each additional hour thereafter, including travelling time.
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 and charges for services page.
Further information
Final fire safety report process technical information sheet (PDF)