NSW Legislation Update: Certifiers Authorised to Appoint Non-Accredited People to Undertake Regulated Work

NSW Legislation Update:

Certifiers Authorised to Appoint Non-Accredited People to Undertake Regulated Work

Following the introduction of the Building and Development Certifiers legislation on the 1st of July, the government have since gazetted that certifiers are authorised to appoint people who are not accredited to undertake regulated work with regards to particular fire safety items under the Environmental Planning and Assessment Regulation 2000 (EP&A Regulation).

This is on the basis that the Commissioner for Fair Trading is satisfied that there is no person reasonably available who holds an accreditation to undertake the regulated work. These regulated work to which this gazette relates is as follows:

  1. The preparation of a performance solution report in respect to a fire safety requirement under clauses 130 and 144A;
  2. The endorsement of plans and specifications for a relevant fire safety system, being a ducted smoke control system only, under clauses 136AA and 146B; and
  3. The endorsement of a non-compliance with specified provisions of the Building Code of Australia (BCA) relating to the operational performance of a relevant fire safety system under clause 164B.

As part of certifiers appointing non-accredited people to undertake this work, the certifier is to make an assessment as to whether the person is competent to carry out the regulated work. To enable this assessment, practitioners seeking to undertake this work will need to submit relevant documentation to McKenzie Group to demonstrate competency prior to the work being undertaken.

It is noted that McKenzie Group Consulting will generally require registration on the NER, FPAA accreditation to the relevant level and category, and/or C10 accreditation to enable these works to be undertaken.

For further information regarding the qualifications required to demonstrate competency, please contact our team on (02) 8298 6800 or [email protected].

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