Fire Safety Practitioners in the Northern Rivers

Generally, all buildings, other than private single dwellings (Class 1a) and sheds and garages (Class 10a), are required to have some fire safety measures installed. Fire safety measures are defined as “any measure (including any item of equipment, form of construction or fire safety strategy) that is, or is proposed to be, implemented in a building to ensure the safety of persons using the building, in the event of fire”.

Fire Safety Measures are listed on a Fire Safety Schedule, which was issued for the building when it was constructed or when alterations and additions were made. Some examples are emergency lighting, exit signs, fire doors, fire hose reels and portable fire extinguishers.

Fire safety measures will be required when:

• Constructing a new building.
• The use of the building changes from one class of building to a different class (i.e., from use as a house to use as an office building).
• As part of a Fire Safety Upgrade (i.e., Council may undertake a fire audit inspection of an existing building and require fire safety measures to be installed within the building).
• The Environmental Planning and Assessment Regulation 2000 contains a list of Statutory Fire Safety Measures. (https://www.legislation.nsw.gov.au/#/view/regulation/2000/557/part9/div1/sec166) However, you may also be required by Council to install additional safety measures that are not included in this list in certain high-risk buildings or where buildings are upgraded.

When approval is given for a change of building use or a Construction Certificate is issued for a new building or proposed alterations to an existing building, then a schedule specifying the essential fire safety measures that are to be implemented in the building is attached to the approval, certificate or order.

A fire safety schedule must deal with the whole of the building, not merely the part of the building to which the Development Consent, Complying Development Certificate, or Construction Certificate relates, and must include the essential fire safety measures currently implemented in the building, and those proposed to be implemented.

A fire safety schedule must also specify the minimum standard of performance for each essential fire safety measure. This is usually done by a reference to an Australian Standard that applies to the installation of the measure (e.g., AS 2441 for fire hose reels).

A Fire Safety Schedule differs from an Annual Fire Safety Statement as it refers to the original installation of the fire safety measures, whereas the Annual Fire Safety Statement deals with the ongoing maintenance of the fire safety measures installed. A copy of the current Fire Safety Schedule can be obtained from Council if required. The schedule should be displayed along with the annual fire safety statement in a prominent location within the building.

Where building work has been carried out, or a change of use has occurred that has one of the above approvals issued, the Principal Certifying Authority (Council or the Accredited Private Certifier) must not issue an Occupation Certificate to allow the building or part of the building to be used unless they have received a fire safety certificate from the owner of the building.

A fire safety certificate is a certificate issued by or on behalf of the owner of a building to certify that the essential fire safety measures have been installed to the appropriate standard as specified in the fire safety schedule for the building. It is done at the completion of the installation of the fire safety measures.

An interim fire safety certificate or a final fire safety certificate is required before:

• An interim occupation certificate can be issued to allow a partially completed new building (including an altered portion of, or extension to, a new building) to be occupied or used, or
• An interim occupation certificate can be issued to allow a change of building use for part of an existing building.

A final fire safety certificate is required:

• Before a final occupation certificate can be issued to allow a new building (including an altered portion of, or extension to, a new building) to be occupied or used, or
• Before a final occupation certificate can be issued to allow a change of building use for an existing building or in accordance with a fire safety order given by a Council.
• Annual Fire Safety Statements are then due to Council on an annual basis, from the date on which the initial Fire Safety Certificate was submitted to Council.

An assessment of the fire safety requirements for a building is undertaken as part of the development and building approval process. Various fire safety measures must be installed for a building to comply with the Building Code of Australia and relevant Australian Standards.

Council or an Accredited Private Certifier may issue a Complying Development Certificate for a change of building use or alterations and additions to an existing building. Council or an Accredited Private Certifier may also issue a Construction Certificate for a new building. When issuing these certificates, a fire safety schedule is to be attached.

Only Council can issue a Development Application or a Fire Safety Order, which may include an associated fire safety schedule.

The NSW Government has enacted fire safety reforms as of 1st October 2017.  The Amending Regulation establishes responsibilities requiring building owners to select and identify service providers who are “competent fire safety practitioners” to perform specified fire safety functions. The guide for selecting a competent fire safety practitioner has been developed to assist building owners with their responsibilities.

Competent Fire Safety Practitioners (CFSP) are professionals and technicians who have specialist fire safety skills. An accreditation scheme is being developed by NSW Planning and Environment. Once the scheme is operational, building owners will be able to select persons from a CFSP register.

Until then, as owners remain responsible for being satisfied that the persons they engage to perform fire safety assessments and inspections are competent, the Fire Protection Association Australia has initiated a Fire Protection Accreditation Scheme (FPAS). FIRE STOP is FPAS accredited; this can be confirmed by checking the FPA Australia website.

The old Annual Fire Safety Statement format required the building owner to certify that “the condition of the building did not disclose any grounds for prosecution under Division 7 of Part 9 of the Environmental Planning and Assessment Regulation 2000”, however under the recent reforms the new format now requires your Competent Fire Safety Practitioner who “inspected the building in accordance with clause 175(b) of the Regulation” (refers back to Division 7) to sign off on these Fire Safety requirements. Therefore, additional “Division 7” inspections are required by FIRE STOP in order to sign off and complete our portion of the Annual Fire Safety Statement before it can be submitted to Council.

An inspection of ‘Division 7’ at your premises relates to the examination of Fire Exits, Paths of Travel, Exit Latches and Fire Safety Notices. The intention of the Regulation is to ensure the free passage of persons along the path of travel and out the designated Fire Exit without a key in the event of an emergency. This also applies to Emergency Service personnel that may require free passage from the building outside of business hours.

A Fire Safety Order is usually issued after a Fire Safety Audit has been conducted by Council or Fire & Rescue NSW. The Order will specify the works that Council requires to be undertaken to ensure adequate fire safety in the building. Upon completion of all works, the owner will submit a Final Fire Safety Certificate, certifying that all works have been completed and inspected by a competent fire safety practitioner. Penalties can be imposed if you do not complete works in the Fire Safety Order.

An Emergency Fire Safety Order can be served on a building owner where it is considered that the level of risk posed to the occupants of a building is serious. The Order must be complied with immediately, or Council will take legal action to have works completed.