Final fire safety report

The certifier is required to request a final fire safety report (FFSR) from Fire and Rescue NSW (FRNSW) and consider any findings prior to issuing an occupation certificate (OC) for a building that includes a performance solution.

When the certifier receives an application for OC, and the building works involve a performance solution to which clause 144 of the Environmental Planning and Assessment Regulation 2000 (EP&A Reg.) relates, the certifier is required under clause 152(2) of the EP&A Reg. to request an FFSR from FRNSW.

Note: On 1 December 2019 the EP&A Reg. was amended to use the term ‘performance solution’ as used within the National Construction Code.

The certifier should use the final fire safety report application form below. The certifier should check the EP&A Reg. savings and transitional provisions to determine the applicability of new provisions on existing consent (e.g. timeframe to furnish report being 7 or 10 days). FRNSW will notify the certifier if an FFSR will be provided or not. If being provided, FRNSW will arrange and conduct an inspection and provide the FFSR to the certifier within 7 or 10 days.

Note: The EP&A Reg. was amended in 2015 to give the Fire Commissioner discretion to provide an FFSR or not. FRNSW prioritise all applications and inspect those that present greater risks and impacts to the community.

If the application for OC also requires a fire safety system report under clause 152A of the EP&A Reg. (i.e. class 2 or 3 building), the FFSR application form can be used to request both reports concurrently. If separate applications are made instead, two reports with applicable charges may result.

FRNSW will only inspect the building works that is subject to the application for OC. FRNSW expects works are completed to the plans and specifications applicable to the relevant construction certificate (CC), including the performance solution report (PSR) version attached to the current fire safety schedule for that CC. Fire safety systems should be tested and commissioned with the fire safety certificate being issued prior to the application for OC being made, and the FFSR being requested.

The certifier must ensure the building is ready for the inspection, and any application for OC should be refused if building works are incomplete.

Situation What you should do
An application for OC is received for a building for which clause 144 of the EP&A Reg. applies
  • Verify all documentation including the fire safety certificate to ensure building works are complete and the building is ready for occupation.
  • Submit the completed final fire safety report application form (see form below).
  • Attach all relevant documentation (i.e. copy of application for OC, relevant fire safety certificate, current fire safety schedule including the performance solution report version attached to the schedule).
  • Agree to pay the inspection charge.
You refuse the application for OC prior to the FFSR being furnished by FRNSW
  • Notify FRNSW (by email) that you have refused the OC and are withdrawing the request for FFSR.
  • Resubmit the FFSR application form with amended documents when ready.
  • Agree to pay the inspection charge when you resubmit.
The FFSR is not being furnished by FRNSW
  • Assess the building works (e.g. final critical stage inspection) and determine the application for OC by approval or refusal.
  • No FRNSW charge will apply.
Significant building works are still being undertaken when FRNSW arrive to conduct the inspection (i.e. the building is not ready for inspection)
  • You will be expected to withdraw the FFSR application in writing and refuse the application for OC. If no written agreement is received, you will be furnished with an FFSR stating the building is incomplete and should not be occupied.
  • Pay the charge applicable for the inspection attendance.
  • Resubmit the final fire safety report application form with amended documents when ready for re-inspection.
  • Agree to pay the inspection charge when you resubmit.
Defects are identified by FRNSW during the inspection
  • You will be furnished with an FFSR identifying defects noted during the inspection.
  • Defects are to be addressed before determining the application for OC.
  • Pay the charge applicable for the initial inspection.

Form

Final fire safety report application  (MS Word, 227 kb dotm)

What do I get?

The certifier will receive an FFSR which is to be used when determining the application for OC being applied for. The FFSR identifies whether FRNSW is satisfied that building works comply with the performance solution in respect of the Category 2 fire safety provisions subject to the CC, fire hydrants are accessible, and hose couplings in the fire hydrant system are compatible with FRNSW.

Costs

The charge applicable to furnish a FFSR comprises a charge based on the cost of the inspection and $180 for the assessment of each applicable Category 2 fire safety provision.

The inspection charge for the initial inspection is $215 for the first two (2) hours and $200 for each additional hour thereafter of the initial inspection, including travelling time. For any subsequent re-inspection, the charge is $430 for the first two (2) hours and $200 for each additional hour thereafter, including travelling time.

For a full description of the charges applicable including terms, payment options, applying for a waiver or reduction of the charges, please refer to the fees and charges for services page.

Further information

Final fire safety report process technical information sheet  (Adobe, 1.73 mb pdf)

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