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Lodge a fire safety statement

The owner(s) of a building having a fire safety schedule is required to provide fire safety statements to both their local Council and to the Commissioner of Fire and Rescue NSW (FRNSW)

Under the Environmental Planning and Assessment Regulation 2000 (EP&A Reg.) the building owner(s) must provide the Council with:

  • an annual fire safety statement that deals with each essential fire safety measure in the building (clause 177); and
  • a supplementary fire safety statement for any critical fire safety measure in the building, and being issued at intervals of less than 12 months (clause 180).

An annual fire safety statement is a statement issued by or on behalf of the building owner(s) that:

    1. each essential fire safety measure has been assessed by an accredited practitioner (fire safety) and found to be capable of performing:
      1. in the case of an essential fire safety measure applicable by virtue of a fire safety schedule, to a standard no less than that specified in the schedule, or
      2. in the case of an essential fire safety measure applicable otherwise than by virtue of a fire safety schedule, to a standard no less than that to which the measure was originally designed and implemented, and
    2. the building has been inspected by an accredited practitioner (fire safety) and was found to be in a condition that did not disclose any grounds for a prosecution under Division 7 (i.e. fire safety offence relating to a fire exit).

A supplementary fire safety statement is a statement issued by or on behalf of the building owner(s) that each critical fire safety measure has been assessed by an accredited practitioner (fire safety) and found to be capable of performing to a standard required by the fire safety schedule.

The fire safety statement, whether annual or supplementary, is to be issued using the standard form available on the NSW Planning, Industry and Environment website.

Additionally, as soon as possible after a fire safety statement is issued the building owner(s) must provide:

      • a copy of the fire safety statement and the building’s current fire safety schedule to the Fire Commissioner (i.e. FRNSW); and
      • a copy of the fire safety statement and the building’s current fire safety schedule and be prominently displayed in the building.

Commencing on 1 July 2020, and published by NSW Government Gazette number 144, Fire Protection Association Australia (FPAA) have been approved as an accreditation authority under the NSW Fire Protection Accreditation Scheme (FPAS).

The building owner(s) or their agent must:

      • be engaged in the fire safety statement process, as they are ultimately responsible
      • select an accredited practitioner (fire safety) who is accredited in Fire Safety Assessment (FSA) and appropriately qualified to undertake assessment of each fire safety measure (Part 9 Division 5 of the EP&A Reg.)
      • ensure all fire safety measures are maintained in accordance with clause 182 of the EP&A Reg., and
      • declare that each fire safety measure has been assessed by an appropriately qualified accredited practitioner (fire safety), then issue the fire safety statement accordingly.

Notes:

The local Council is the regulatory authority on this matter and may impose penalties if fire safety statements are not provided in a timely manner. The owner can obtain a copy of the current fire safety schedule from the local Council if required.

The person issuing the fire safety statement must not be an accredited practitioner (fire safety). An accredited practitioner (fire safety) does not issue a fire safety statement, therefore cannot ‘withhold’ it from the building owner(s). 

The person engaged to perform maintenance does not need to be the accredited practitioner (fire safety) who undertook assessment. The building owner(s) can choose any maintenance provider to undertake the required maintenance identified from assessment.

Any accredited practitioner (fire safety) who acts unethically should be reported in writing to FPAA (i.e. NSW FPAS accreditation authority). FPAA must accept complaints and take appropriate action in relation to complaints it receives about the work of persons it accredits.

For information on using the standard template form please contact NSW Planning, Industry and Environment, Building Code Advisory Service on (02) 9274 6529 or your local council (i.e. regulatory authority).

Process

The fire safety statement and schedule is to be lodged electronically by email to: afss@fire.nsw.gov.au

Costs

There is no charge applicable to lodge a fire safety statement.

Further information

NSW Planning, Industry and Environment website [external link]

NSW Fair Trading [external link]

Fire Protection Association Australia [external link]