Part 12 of the Regulations requires that the owner of any building (excluding Class 1a & 10 as defined in the BCA Volume 1) a responsibility of ensuring the safety equipment, safety fittings and safety measures known as “statutory fire safety measures” are maintained in a state that enables them to fulfill their purpose.

The building owner or their agent must ensure a qualified practitioner registered as Fire Safety Assessor and accredited in the relevant safety measures that they are assessing, is engaged to assess each installed essential fire safety measure for compliance against the performance standards and complete a Part 15 inspection. This must be done within three months before the due date of the Annual Fire Safety Statement. Once this is completed the statement can be lodged by the owner or agent with the relevant Local Government Area in which the building is located and the Commissioner of Fire and Rescue NSW (FRNSW) via email [email protected]

Note: Annual fire safety statement was formally known as “form 15A” under the 1994 Regulations and previous to that known as “form 7” under Ordinance 70.

Every year the owner of a building must engage a fire safety assessor to inspect the building and certify that each of the measures listed in the most recent fire safety schedule are still installed in the building or the land, and that they remain capable of operating to the standard listed in the schedule. There is a further requirement what are known as supplementary fire safety statement.

A supplementary fire safety statement is a declaration by or on behalf of a building owner that a CFSP has assessed, inspected and verified the performance of each existing critical fire measure that applies to the building. The intervals when supplementary fire safety statements must be issued for each critical fire safety measure is listed in the fire safety schedule.

Once each fire safety measures are inspected and found to be operating to a standard no less than that specified in the schedule, an annual fire safety statement is to be prepared annually. Then a copy accompanied by the most recent schedule must be lodged by the owner or agent with the relevant Local Council in which the building is located and to the Commissioner of Fire and Rescue NSW (FRNSW). Then a copy along with the schedule must be prominently displayed within the building, replacing the previous year’s statement.

The assessment and inspection of the building and each essential fire safety measure must be carried out within a 3 month period prior to the date on which the statement is issued. 

On the issuing of either a complying development certificate, construction certificate, development consent or a fire safety order for a Class 2 to 9 building the person doing so must issue a fire safety schedule.

This document specifies the essential fire safety measures (both current and proposed) that should be implemented in the building premises and specifies the minimum standard of performance for each of those measures.

To confirm that each measure has been implemented in the building premise an interim or final fire safety certificate is to be prepared by the owner.

Note: An earlier fire safety schedule that is in existence is superseded by the later schedule and ceases to have effect when the later fire safety schedule is issued.

The issuing of a fire safety schedule is to be followed up with an issuing of a fire safety certificate (formally known as a form 6 or form 15 certificates) so that a final occupation certificate can be granted for the building premise or in response to a fire safety order issue by Council.

The requirement for the issue of these documents came into effect with the introduction of Ordinance 70 published in July 1988. Buildings built before 1st July 1988 and that have not had a change in classification, additions/alterations or a fire safety orders issued since, would not have been subject to a fire safety schedule and a subsequent form 7 (i.e. annual fire safety statement).

However, it is recommended that a fire safety schedule be sought by the building owner so that a fire safety statement can be issued, as the owner has a responsibility to ensure that occupants of buildings are not put in unnecessary risks. The maintenance of essential fire safety measures on a regular basis ensures this. 

Failure to comply with these requirements is an offence under the Environmental Planning and Assessment Act 1979 a can incur a penalty for each week beyond the expiry of that time for which failure continues. Councils also have powers to serve a fire safety order where they deem necessary.

More importantly not ensuring the regular maintenance of essential fire safety measures and compliance with the regulatory requirements can significantly affect the levels of safety of occupants of the building and have significant liability implications for the owners.  

How can EBC-Group help me as the building owner or agent?

This will ensure the maintenance of all Fire Safety Measures are maintained by appropriately qualified personal ensure the risk, health and safety is minimised ensuring all stakeholders are protected.