FIRE SAFETY INFORMATION FACT SHEET

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1 Disclaimers: This information was believed to be correct at the date of its publication. This information is for general information purposes only and should not be relied upon for legal advice. FIRE SAFETY The following information aims to increase general fire safety awareness, and develop an understanding of modern day fire safety issues and how Council commonly deals with building fire safety. This information is relevant to various types of premises including residential, commercial, retail and industrial buildings and is important for all property owners, property managers, service providers and building occupants. Smoke Alarm Regulation In NSW smoke alarms have been mandatory in newly constructed buildings since On 1 May 2006 further legislation came into effect, which expanded this requirement to existing buildings, making it mandatory for smoke alarms to be installed in all homes and other places people sleep. The legislation requires all NSW residents to have at least one working smoke alarm installed on each level of their home. This includes owner-occupied homes, rental properties, relocatable homes or any other residential building where people sleep. The 2006 Smoke Alarms Regulation specifies: which types of buildings will need smoke alarms installed; the types of alarms; where they are to be located; and other matters. Smoke alarms are very effective in reducing the risk to life from a fire in buildings, particularly where there are sleeping occupants. Provided the alarms are correctly installed and maintained, they give early warning so that people can safely evacuate. The State Government allows building owners to install either hard-wired smoke alarms, or ones that are battery-only operated in certain existing buildings. Smoke alarms installed in residential dwellings must comply with Australian Standards (AS3786) and be located in the hallway or room outside bedroom/s and in any storey that does not include bedrooms. This Regulation does not override a local council s role under the Environment Planning and Assessment Act 1979 from applying more stringent Building Code of Australia requirements when an application is submitted for assessment, such as on development applications, complying development applications, building certificates, etc; or following a building inspection audit. On these occasions, a council can insist that the Building Code of Australia requirements of a hard-wired smoke alarm system applicable for the particular building use, is installed. Further information about the Smoke Alarms Regulation can be found on the NSW Department of Planning and Environment website ( What are Essential Fire Safety Measures? Essential fire safety measures are any installations or type of construction that have been incorporated into the building to ensure the safety of the occupants within the building in the event of fire or other emergency, and may include such measures as: Automatic fire suppression systems (eg sprinkler systems) Fire hose reels Fire hydrants Automatic fire detection and alarm systems Fire doors Fire extinguishers Smoke exhaust systems Exit signs Emergency lighting Fire engineered solution Council maintains a register of certain premises (ie 1b to class 9 buildings) provided with essential fire safety measures. Buildings included on this register are boarding houses, residential flats (where one unit is located above another), commercial buildings, industrial buildings, professional offices, health care buildings, schools and public carparks. What is a Fire Safety Schedule? A Fire Safety Schedule is a document specifying all the essential fire safety measures (both existing and proposed) serving the whole building and lists the minimum standard of performance to which each identified fire safety measure must be capable of operating to. Development Assessment and Certification P a g e 1 TRIM: Z13/ March 2015

2 When is a Fire Safety Schedule issued? A Fire Safety Schedule is issued: with a construction certificate or complying development approval for new building work; with a development or complying development consent involving a change of use (eg use of premise converted from a shop to an office); with a fire safety order; or following a building inspection audit undertaken by Council. What is a Standard of Performance? A Standard of Performance is something that the performance of a fire safety measure is assessed against, and is usually a standard that specifies how a measure is to be designed and installed, and/or a standard that expects a measure to perform in a certain way. A Standard of Performance is usually a reference to certain clauses of the Building Code of Australia, or an Australian Standard, or in many cases it may be both. Who is Responsible for Maintenance of Essential Services? Under Clause 182 of the Environmental Planning and Assessment Regulation 2000, the owner of the building to which an essential fire safety measure is applicable must not fail to maintain each essential fire safety measure in the building premises. What Must the Owner Do? To verify installation, maintenance and performance of each fire safety measure the building owner or a person acting for the building owner must have a properly qualified person check: each fire safety measure is installed; and is capable of performing to at least the standard required by the current Fire Safety Schedule for the building. The building owner or the person acting for the building owner must submit to relevant authorities certain documentation confirming the performance of all required essential fire safety measures. Copies of any Fire Safety Certificate, Annual Fire Safety Statement and/or Supplementary Fire Safety Statement together with the Fire Safety Schedule must be submitted to Council and to NSW Fire and Rescue every 12 months. These documents are also to be prominently displayed in the building. What is a Fire Safety Certificate? A Fire Safety Certificate is a type of certificate submitted by the owner or the person acting for the building owner, which in effect certifies that specified essential fire safety measures have been installed and perform in accordance with the relevant Building Code of Australia requirements and Australia Standards. It is the first Fire Safety Certificate issued after installation of essential fire safety measures following completion of: any approved new building work or change of building use and prior to use of the new facilities; or fire safety upgrade works required by Council. When is an Annual Fire Safety Statement Required? An Annual Fire Safety Statement is like a Final Fire Safety Certificate, but is a Statement which is issued every 12 months after the date of issue of the Final Fire Safety Certificate with the check of the essential fire safety measure being undertaken within three (3) months of the issue of the statement. When is a Supplementary Fire Safety Statement Required? A Supplementary Fire Safety Statement is a Statement applying to Critical Fire Safety Measures installed on the premises, which are measures that are of such importance that they must be certified more frequently than every 12 months and at an interval specified on the Fire Safety Schedule for the premises. The assessment of the critical fire safety measures must be undertaken within one (1) month of the date of issue of the Statement. Who Completes Fire Safety Certificates and Annual/Supplementary Fire Safety Statements? Fire Safety Certificates, Annual Fire Safety Statements and Supplementary Fire Safety Statements are statements by the building owner (or in some instances on behalf of the building owner) to the effect that the relevant fire safety matters have been assessed and meet the identified standards. These certificates and statements should not be signed by the qualified person assessing the essential fire services. P a g e 2

3 Who Submits Annual Fire Safety Statements for Strata Title Properties? With a strata title property, one Annual Fire Safety Statement must cover the entire building. In this instance, the Executive Committee of the Owners Corporation (or Body Corporate) are responsible for organising the assessment of all fire safety measures that exist within individual units and in common property such as, common area corridors/hallways and carparks. The Owners Corporation then prepares and submits one complete Annual Fire Safety Statement for the whole of the premises. The Executive Committee may appoint the property strata manager to prepare and submit the Annual Fire Safety Statement on their behalf. What Details Must be Included in the Fire Safety Certificate or Annual/Supplementary Fire Safety Statement? Part 9 of Division 4 and 5 of the Environmental Planning and Assessment Regulation 2000 details information that must be included in a Fire Safety Certificate and an Annual/Supplementary Fire Safety Statement and includes the following: 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); the date on which the certificate is issued; a statement that all the measures as listed in the Fire Safety Schedule: have been assessed by a properly qualified person and installed; and are capable of performing to at least the standard required by the current Fire Safety Schedule for the building; and a statement that 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 Part 9, Division 7 of the Environmental Planning and Assessment Regulation, Template forms for a Fire Safety Certificate and Annual/Supplementary Fire Safety Statement are available via the Forms and Factsheets link on Council s website. How Can I Find a Suitable Contractor? Currently there is no regulation governing the accreditation of fire safety maintenance contractors. When deciding on the right person, it is advisable to enquire about the person or company s credentials before selecting them ask for information about technical qualifications they possess, any industry licences and public liability insurances they hold, any industry associations they are a member of, their industry experience, how long they have been in the business and whether there have been any complaints against them as registered with the NSW Department of Fair Trading. COUNCIL S FIRE SAFETY PROGRAM Wollongong City Council runs a fire safety program to assist building owners in complying with their legal obligations to maintain the fire safety measures in their building. The main objective of the program is to enhance the safety of building occupants by ensuring that building owners meet their legal obligations to maintain the essential fire safety measures in their buildings. This not only helps building owners to avoid substantial penalties, but, more importantly, ensures that the lives of the building occupants are protected as best they can be. Council s fire safety program also aims to expand its register of premises with essential fire safety measures which do not presently have a Fire Safety Schedule. These premises may be required to submit documents prepared by a properly qualified person verifying the standard of installation and performance of existing fire safety services and may be subject to a building inspection audit undertaken by Council s authorised officers. Annual Fire Safety Reminders Building owners need to be aware of the date on which the Fire Safety Statement must be submitted to Council and to make the necessary arrangements for the fire safety measures to be inspected and certified prior to the due date. To help property owners meet their legal obligations in a timely manner, Council sends written notification to building owners, at least one (1) month prior to their Annual Fire Safety Statement being due. While Council sends a courtesy reminder letter to the building owner, Council accepts no responsibility for any reliance upon it and the legal responsibility for providing the statement which rests with the owner of the premises. Registration Fees Wollongong City Council does charge a fee for the registration of Annual Fire Safety Statements. Each Annual Fire Safety Statement reminder letter is sent with an invoice with the appropriate details to assist customers in paying the fee. Details of this fee can be found in our current Fee and Charges policy. P a g e 3

4 Acceptability of Annual/Supplementary Fire Safety Statement Council will check submitted Annual/Supplementary Fire Safety Statements, to ensure that they comply with Part 9, Division 5 of the Environmental Planning and Assessment Regulation An Annual Fire Safety Statement must appear in the correct statutory format, include compulsory wording as prescribed by the legislation and confirm the performance of each required fire safety measures as listed on the Fire Safety Schedule. A statement will not be accepted if: it is not prepared in accordance with Part 9, Division 5 of the Environmental Planning and Assessment Regulation, 2000; or does not confirm the performance of each fire safety measures as listed on the Fire Safety Schedule; or it is not signed by the building owner or a person acting for the building owner. The person acting for the building owner cannot be the service provider. Any problems that are identified will be communicated to the building owner or their representative for their rectification. Overdue Statements It is an offence to fail to provide an Annual Fire Safety Statement by the due date. Substantial and continuing weekly penalty notices apply for this offence: 1 week late $500 2 weeks late $ weeks late $ weeks late $2000 Therefore, if the Statement is not submitted by the due date, enforcement action will be taken. The enforcement includes the issuing of Penalty Infringement Notices (PINs) and/or Fire Safety Orders. Failure to submit an Annual Fire Safety Statement could also lead to legal proceedings in the Land and Environment Court, where the maximum penalty for a breach is $110,000. Stay of Penalty Notice Although there are no provisions in the legislation for extensions of time to be given, Wollongong City Council may grant small extensions of time in extenuating circumstances. Where maintenance work might be required and will delay the issue of the Fire Safety Statement, a written submission should be made to Council regarding reasons for this delay and anticipated date Statement will be submitted so that Council can consider any stay in proceedings. If you want Council to consider your case, you will need to fill out a request for Stay of Penalty Infringement Notice Form (available online via the Forms and Factsheets link on Council s website). This request must be lodged prior to the due date of the Annual Fire Safety Statement and submitted either via , fax or post (see form for address details). NOTE: It is unlikely a Stay of Penalty Infringement Notice will be supported in the event of a history of late submission. Enforcement Proceedings Council in deciding whether to take enforcement action, will base the decision on the available evidence and individual circumstances. At the conclusion of an investigation, Council may: take no action issue verbal advice issue a formal letter issue a Penalty Infringement Notice issue Notices/Orders commence legal proceedings PROACTIVE FIRE SAFETY ACTIVITIES Council engages in various proactive fire safety activities to ensure buildings within our city continue to meet an acceptable level of fire safety. This is in order to prevent and suppress fire, increase the safety of people in the event of a fire, and to make sure that the maintenance and use of a building do not constitute a fire hazard. Council conducts fire safety checks of certain buildings (excludes, single-use dwellings, that is Class 1a or Class 10 buildings as defined by the Building Code of Australia). Council may charge a fee for conducting fire safety inspections. Priority is given to buildings that pose the greatest risk to human life due to the way they are used and the number of people using it (for example, boarding houses, night clubs and premises without an existing Fire Safety Schedule). The level of fire safety may also be brought to Council s attention through the approval of building works, a change in building use, or due to a complaint. Some buildings may need to be upgraded. Building design and the level of risk will vary from case to case and influence the upgrade requirements, priorities and expenses. Council may require an assessment report of the building by an independent and qualified building codes expert or fire safety engineer. This report must compare the level of fire safety in the building against the current requirements of the Building Code of Australia. If there are deficiencies in fire safety the report must make recommendations on how to achieve acceptable levels of fire protection. P a g e 4

5 Upgrading is likely to be required, if Council determines that the: a) provisions for fire safety or fire safety awareness are not adequate to prevent fire, suppress fire or prevent the spread of fire or ensure or promote the safety of persons in the event of fire; and/or b) maintenance or use of the premises constitutes a significant fire hazard. FIRE SAFETY ORDERS Fire Safety Orders are issued by Council or the Fire and Rescue NSW 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 the Council may immediately 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 Serve 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 Council. Representations seeking to appeal against or modify the terms of the proposed Order or when requesting an extension of time to comply with the Order must be received in writing. In order for Council to consider your case, you should fill out a Notice of Intention/Order Representation Request Form (available online via the Forms and Factsheets link on Council s website). This form should be completed by the recipient of the Notice/Order, or the person entitled to act on behalf. The form needs to be received by Council prior to the expiry date specified on the Notice or Order. Where an extended time is requested to complete work, you will need to include a program of works (inclusive of scheduled completion dates for staging of any works). You will be advised regarding the outcome of your representation request. Depending on the circumstances the outcome may include: Not to proceed with Order Issue Modified Order Revoke Order Proceed to issue Order per terms stated in Notice of Intention Extension to time to comply with Order granted Terms of Order stand and matter referred for legal action FORMS Annual/Supplementary Fire Safety Statement Fire Safety Certificate Request for Stay of Penalty Infringement Notice Notice of Intention/Order Representation Request Form P a g e 5