Attention: the Manager, Building Compliance

date

Company/Council

Address

Attention: The Manager, Building Compliance

Council xxx

RE: Clause 129D - Notification of Significant Fire-safety Issue

Building Address: ##/####/##

Dear Sir/Madam

We are undertaking an assessment of an application for works at the above premises.

Clause 129D of the EP&A Regulation requires that an Accredited Certifier notify Council in the event he/she becomes aware of a “significant” fire-safety issue. We note that the subject building is not a new building and hence does not comply with the current version of the Building Code of Australia (BCA), which changes from year to year.

It is our view that clause 129D is not workable and places an onerous obligation on Private and Council certifiers. In the absence of any clear regulatory clause, the legal advice received by the AAC is that we should treat any departure from the current version of the BCA as “significant”.

Accordingly, please note the following:

Fire-safety Issue identified / The building does not comply with Parts C, D, E and H (as appropriate) of the current version of the BCA.
Part of the building affected / All

This notification is made purely to offset the legal risk imposed on us by Clause 129D and does not necessarily mean that the building is less safe than the community accepted standard for levels of fire safety in existing building stock.

The AAC are calling for the repeal of this unworkable and onerous legislative change, and would like your council through the Local Government and Shires Association to also call for the repeal of this legislation, so that a workable solution can be found to this issue.

Please note that this notification is confidential in nature between the council and our company, and should not be disclosed to any third parties or public in any ongoing council correspondence.

Regards,

Certifier Name

Title