Fire safety measures

Upon approval of a development for Class 2-9 buildings (as defined under the Building Code of Australia, which are essentially any building other than a single residence or residential outbuilding such as a pool or carport) a fire safety schedule is issued.

This fire safety schedule lists all the fire safety measures that are installed in the building and the performance standard to which each of those measures must be capable of operating.

A fire safety schedule will be issued with a construction certificate, complying development certificate or for existing buildings may have been issued with the building approval. A fire safety schedule may also be issued if Council conducts a fire safety audit of the premises and issues a fire safety notice. Some older buildings (generally erected before 1988) may not have a fire safety schedule. However, there is still an onus on the property owner to maintain any fire services installed in the building to an adequate standard no less than when they were originally installed. (See Clause 81 of the Environmental Planning and Assessment (Development certification and Fire Safety) Regulation 2021).

A request for information can be lodged with Council to request a copy of the fire safety schedule and one will be provided for a fee as per Council’s adopted fees and charges (if one exists).

A Fire Safety Certificate is a certificate that is submitted by or on behalf of the building owner(s), upon completion of new building work. The certificate confirms that each of the fire safety measures that apply to the building (as listed in the fire safety schedule) have been installed and checked by a properly qualified person and that those measures can preform to the minimum standard.

A Fire Safety Certificate must be submitted prior to the issue of an Occupation Certificate to Council at council@clarence.nsw.gov.au and the NSW Fire Commissioner at firesafety@fire.nsw.gov.au

A fire safety certificate must be issued using a standard template form published by the NSW Government.

The fire safety certificate must also be prominently displayed in the building.

Every year the owner of a building must submit to Council and the NSW Fire Commissioner an annual fire safety statement.  

An application for a construction certificate or complying development certificate involving alterations or additions to an existing class 2-9 building must be accompanied by a list of existing and proposed fire safety measures for the building/premises.

A fire safety statement is a document issued by or on behalf of the owner(s) of an existing building.

The statement confirms that an accredited practitioner (fire safety) has assessed, inspected and verified the performance of each fire safety measure that applies to the building.

A fire safety statement must be submitted annually to Council and the NSW Fire Commissioner.

A fire safety certificate must be issued using a standard template form published by the NSW Government.

A copy of the fire safety statement must also be prominently displayed in the building.

• The Fire Safety Certificate and Annual Fire Safety Statement templates are available online

The fire safety certificate and annual fire safety statements can only be signed by the owner or his agent and not by the "properly qualified" person or persons.

A Fire Safety Statement must be obtained on an annual basis, from the date on which the initial Fire Safety Certificate was submitted to Council in response to a Building Approval, Construction Certificate, Complying Development Certificate or fire safety order.

If a Fire Safety Statement has not been submitted to Council on an annual basis and has not been submitted to Council within the past 12 months, it is now overdue and must be submitted to Council as soon as possible to avoid a fine.

It is important that building owners are aware of these fire safety requirements. Failure to comply with these requirements is an offence and will render the owner liable to substantial penalties. But more importantly, a failure to meet these requirements can significantly affect the levels of fire safety afforded to the occupants of the building, which may threaten their life safety, as well as having significant liability implications for the building owner.

Building owners need to  make the necessary arrangements for the fire safety measures to be inspected and certified annually.

To arrange for fire safety measures to be inspected and to obtain a Fire Safety Statement, owners are advised to employ the services of a professional building and fire safety consultant. In this regard, it is important that your consultant is suitably qualified and fully aware of the relevant legislative and Building Code of Australia requirements.

In the case of residential flat buildings or other strata buildings, the Owners' Corporation is advised to make prior arrangements, including the allocation of funds, for a building and fire safety consultant to inspect the premises and to provide the required certification annually.

Failure to comply with these requirements is an offence under the Environmental Planning and Assessment Act 1979 and Council may either pursue a penalty through the Court system, or issue a penalty infringement notice if the essential fire safety measures are not fully maintained or if the annual fire safety statement requirements are not complied with. Council may also serve a fire safety order requiring compliance with these fire safety requirements.