Consultation on the performance-based design brief (PBDB)
When a development proposes to incorporate performance-based design for any fire safety requirement, whether a building design having a performance solution in accordance with the National Construction Code (NCC) Volume 1 (Class 2 to 9 buildings) or other infrastructure where building codes are not applicable, FRNSW must be engaged in the PBDB process as a stakeholder.
Note 1: Under s26(1) of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, the owner of a building must ensure that the person who develops a PBDB for a performance solution for a fire safety requirement in the building requests the Fire Commissioner’s comments on the brief if—
(a) the building is a class 2, 3, 4, 5, 6, 7, 8 or 9 building, and
(b) a construction certificate is required for the building work comprising the performance solution.
Note 2: Under s26(2) of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, the request for consultation must be made—
(a) during the development of the performance-based design brief, and
(b) in the way required by the Fire Commissioner.
Note 3: With regards to A2G2(4)(a) in NCC Volume One, which requires consultation with relevant stakeholders during the PBDB, FRNSW consider that for Class 2 to 9 developments within NSW the relevant fire service/brigade is a relevant stakeholder in all Performance Solutions relating to fire safety.
Note 4: Guidance on the development of a PBDB is presented in the Australian Fire Engineering Guidelines (AFEG), as identified by the NCC.
FRNSW requires the request for PBDB consultation be made via written application using the Performance-based design brief (PBDB) consultation form available at www.firesafety.fire.nsw.gov.au. All building proponents are reminded that a Performance Solution cannot be developed and applied retrospectively to existing buildings or completed building works, therefore consultation will not be provided on any proposal where no building work is proposed.
Note: Reference should be made to the FRNSW position Fire engineering solution/s for existing buildings.
Updated: 30th August 2024