Fire Safety

Before new building work is constructed the Principal Certifying Authority will issue a construction certificate with a Fire Safety Schedule attached.

The Fire Safety Schedule will indicate all existing and proposed fire safety measures to be installed in the building as required by the Building Code of Australia.

The principal certifying authority must issue an Occupation Certificate before the building (or part) can be occupied. The Principal Certifying Authority must ensure that they have received a Final Fire Safety Certificate.

The Final Fire Safety Certificate is used to ensure that a qualified person has properly installed the fire safety measures. The Final Fire Safety Certificate should be noted upon the Occupation Certificate as a part of the information that was used to determine that the Occupation Certificate can be issued.

A Final Fire Safety Certificate is issued by or on behalf of the owner of a building indicating each essential fire safety measure specified by the fire safety schedule for the building has been assessed by a properly qualified person. It should also indicate that the measure was found, when it was assessed, to be capable of performing to at least the standard required by the current Fire Safety Schedule.

The owner of the new building must also as soon as practicable provide a copy of the Final Fire Safety Certificate to the Commissioner of the NSW Fire Brigades and cause a further copy of the certificate, together with a copy of the current Fire Safety Schedule to be prominently displayed in the building.

Within 12 months after the Final Fire Safety Certificate is issued the owner of the new building must cause an Annual Fire Safety Statement to be given to Council and the Fire Commissioner and be prominently displayed in building.

An ongoing process is applied by Council to ensure that an acceptable level of fire safety is provided in older buildings.

This normally happens when the level of fire safety within the building is brought to Council's attention through the approval of building works a change of building use or when a complaint is received. The building will initially be inspected by Council's staff.

Where it is found that upgrade is required council will usually serve a Fire Safety Notice upon the owner of the building. The notice will require that an assessment report of the building is produced by an independent and appropriately qualified building consultant or a fire safety engineer and be provided to Council within a nominated time.

The assessment report is required to compare the level of fire safety in the building against the current requirements of the Building Code of Australia. Where deficiencies in fire safety are found the report must provide recommendations indicating the method of achieving an acceptable level of fire protection within the building.

Building design and the level of risk posed to occupants will be different in each case and accordingly the upgrade requirements, fire safety priorities and associated upgrade expenses will vary.

In many cases it is not practical to achieve strict compliance with current requirements of the Building Code of Australia.  Assessment using the Performance Clauses of the Building Code of Australia may provide a means of determining that an acceptable level of fire safety can be provided. For this reason it is recommended that upgrade assessments are conducted by a qualified fire safety engineer.

Once the assessment report is provided to council the recommendations of the report are considered and often referred to the NSW Fire Brigades for comment. Where the recommendations of the report are found to be acceptable Council will then serve a second Fire Safety Notice upon the building owner.

The second Fire Safety Notice will require that the recommendations of the assessment report be implemented within a nominated time frame.  Priority is given to installing those items that provide the greatest level of fire protection within the building.

An Annual Fire Safety Statement is issued by the owner of a building to the effect that:

• Each essential fire safety measure specified in the statement has been assessed by a properly qualified person and was found, when it was assessed, to be capable of performing
• In the case of an essential fire safety measure applicable by virtue of a fire safety schedule, to a standard no less than that specified in the schedule
• In the case of an essential fire safety measure applicable otherwise than by virtue of a fire safety schedule, to a standard no less than that to which the measure was originally designed and implemented, and
• The building has been inspected by a properly qualified person and was found, when it was inspected, to be in a condition that did not disclose any grounds for a prosecution under the Environmental Planning and Assessment Act 1979.

The assessment and inspection of an essential fire safety measure or building must have been carried out within the period of three months prior to the date on which the annual fire safety statement is issued. The choice of person to carry out an assessment or inspection is up to the owner of the building. The person who carries out an assessment must inspect and verify the performance of each fire safety measure being assessed.

The assessment of critical fire safety measures must have been carried out within the period of one month prior to the date on which the supplementary fire safety statement is issued. The choice of person to carry out the assessment is up to the owner of the building. The person who carries out the assessment must inspect and verify the performance of each fire safety measure being assessed.

A fire safety certificate for a building or part of a building must contain the following information:

• The name and address of the owner of the building or part
• A description of the building or part, including its address
• A list identifying each essential fire safety measure in the building or part, together with the minimum standard of performance specified in the relevant fire safety schedule in relation to each such measure
• The date or dates on which the essential fire safety measures were assessed
• The type of certificate being issued (that is, final or interim)
• A statement to the effect referred to in clause 170 (for a final certificate) or clause 173 (for an interim certificate)
• The date on which the certificate is issued.

A fire safety certificate for a building or part of a building must be accompanied by a fire safety schedule for the building or part.

The assessment of essential fire safety measures must have been carried out within the period of three months prior to the date on which a final fire safety certificate is issued.

The choice of person to carry out an assessment is up to the owner of the building.

A person who carries out an assessment:

• must inspect and verify the performance of each fire safety measure being assessed; and
• must test the operation of each new item of equipment installed in the building premises that is included in the current fire safety schedule for the building.

A final fire safety certificate, issued in relation to work that has been authorised or required by a development consent, construction certificate or fire safety order, need not deal with any essential fire safety measure that is the subject of some other final fire safety certificate or fire safety statement issued within the previous six months, unless the person who issues the development consent, construction certificate or fire safety order determines otherwise.

The owner of a building to which an essential fire safety measure is applicable must not fail to maintain each essential fire safety measure in the building premises: in the case of an essential fire safety measure applicable by virtue of a fire safety schedule to a standard no less than that specified in the schedule; or in the case of an essential fire safety measure applicable otherwise than by virtue of a fire safety schedule, to a standard no less than that to which the measure was originally designed and implemented. As soon as practicable, after receiving a request in that regard from the owner of a building to which an essential fire safety measure is applicable otherwise than by virtue of a fire safety schedule, Council must provide the owner with a schedule of the essential fire safety measures for the building premises.

Every building that is not a single residential dwelling or a residential garage is required to have the fire safety measures assessed annually and have an Annual Fire Safety Statement given to the council, to the Fire Commissioner and prominently displayed in the building.

Building owners should be aware of their obligations and establish as a matter of priority the date that the Annual Fire Safety Statement is due each year. It is recommended that the inspection and maintenance of the fire safety measures be addressed in the months prior to the date the Annual Fire Safety Statement is due to allow any necessary maintenance to be conducted.

Council's fire safety register is maintained and updated. Significant penalties apply to owners of buildings that do not ensure that annual fire safety statements are provided to us by the due date.

Fire Safety Orders are issued by the council where the level of fire safety within a building is found to be inadequate.

Fire Safety Orders may be issued as Emergency Orders where immediate action is required to reduce fire risk. Where an Emergency Order is issued it is imperative that the terms of the order be complied with immediately and that council is contacted to establish that the terms of the order will be complied with.

Where an Emergency Fire Safety Order is not complied within the required period, Council will seek court directions to have the terms of the order fulfilled.

Where a lesser fire risk is evident or more extensive works are required a Notice of Intention to Give an Order will be issued. The notice will indicate the terms of the proposed order, the proposed period of compliance and the period in which representation must be made to the council officer who has issued the order.

In the case of fire safety upgrades the Notice of Intention to Give an Order will require that a report assessing the level of fire safety within the building and recommended action be submitted to Council within a determined period. Once the report has been found satisfactory a second Notice of Intention to Give an Order is usually issued requiring that work indicated in the recommendation of the report be carried out within a determined period.