Where a building design does not meet the National Construction Code (NCC) Deemed-To-Satisfy (DTS) Provisions and has the potential to impact on fire service operations, the building certifying authority must refer the application to the MFS Built Environment Section (BES) for review and comment. These referrals will typically require one or more meetings with a BES Officer to discuss the design proposal, prior to formal submission of the necessary documentation for the Regulation 45 referral.
To initiate consultation with the South Australian Metropolitan Fire Service (MFS) Built Environment Section (BES) for building and construction projects, please complete the New Project Application form below. Once submitted, a BES Officer will be in contact to discuss the project and arrange a meeting as necessary.
The BE000 Regulation 45 Pre-Application Form is to be completed and submitted to the MFS Built Environment Section preferably with the above New Project Application or otherwise during the initial meeting on a building development proposal on which consultation with the MFS as the relevant fire authority is being sought. The intent of this form is to provide a general and broad overview of the project proposal to the BES, from which further discussions can be developed.
Where a Regulation 45 referral involves a Fire Engineering Brief (FEB) or Performance Based Design Brief (PBDB), the final Fire Engineering Report (FER) or Performance Based Design Report (PBDR) must be formally accepted by the Built Environment Section (BES) before the Regulation 45 comment and report process can commence.
Building project schedules should factor in sufficient time frames for this process, including the potential for multiple FEB / PBDB meetings and the same time required for the BES to review and formally comment on the brief and report documents, of which there may be multiple revisions.
The MFS encourages early and regular consultation on all projects. This is particularly beneficial in the fire engineering and performance-based design process to ensure all stakeholder expectations are documented and addressed from the outset and is more likely to result in an optimum outcome for all parties. Generally speaking, initiating consultation with the fire service late in the design process or a lack of consultation can often result in the process being protracted. The MFS believes that fire authority consultation should add value to a project, which is enhanced through a collaborative approach.
The Regulation 45 Application for Fire Authority Report online application form is to be completed in full and submitted to the MFS BES along with the relevant project documentation, as identified, when seeking Relevant Fire Authority Comment and Report pursuant to Regulation 45.
Where a Regulation 45 referral involves a Fire Engineering Brief (FEB) or Performance Based Design Brief (PBDB), the final Fire Engineering Report (FER) or Performance Based Design Report (PBDR) must be formally accepted by the Built Environment Section (BES) before the Regulation 45 comment and report process can commence.
In accordance with Section 122 of the Planning, Development and Infrastructure Act 2016, where necessary documentation or information is missing from the Regulation 45 submission or additional information is required in order to assess a Regulation 45 application, a request for information (RFI) will be made by the MFS. Such RFIs will necessitate an extension of time to the prescribed period within which the Regulation 45 Relevant Fire Authority Comment and Report is to be made, for the period of time that the applicant takes to provide such additional documents or information.
BE001 Regulation 45 Application for Fire Authority Report application form.
BE Forms
The following forms have been provided in Microsoft Word format for convenience and to assist in expediting the Regulation 45 process. Once downloaded from this web page they are no longer controlled documents. These forms must be submitted in Word format, but we recommend you retain a PDF copy of the final submitted forms for document control and record keeping purposes. These PDF copies are not required by the MFS for the purposes of completing the Regulation 45 referral process.
BE002 Regulation 45 Required Information Form
BE003 Regulation 45 Document Submittal Form
BE004 MFS Service Agreement Form
For further information on Regulation 45 referral and documentation requirements, please refer to BES Guideline 012, available on the Guidelines page.
