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 person using the building in the event of fire”. Generally in existing buildings these 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, fire hydrants and portable fire extinguishers.
Essential fire safety measures to be maintained
The owner of a building to which an essential fire safety measure is applicable must not fail to maintain each essential fire safety measure in the building premises:
- 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
- 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.
Essential fire safety measures must be certified annually and Council will notify building owners on an annual basis that annual fire safety statements are due for submission.
What is an Annual Fire Safety Statement?
An 
Annual Fire Safety Statement (49kb) is a statement issued by or on behalf of the owner of a building to the effect that:
-
each essential fire safety measure specified in the statement has been assessed by a properly qualified person and was found, when it was assessed, to be capable of performing:
- 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
- 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
- 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 Division 7 of the Environmental Planning and Assessment Act 1979.
Requirements for Annual Fire Safety Statements
Under the provisions of the Environmental Planning and Assessment Act these statements must be submitted annually to both Council and the NSW Fire Brigades. Council has a process in place to remind building owners of their obligation to submit this statement.
Essential fire safety measures are listed on the fire safety schedule for the building. The assessment and inspection of an essential fire safety measure or building must be undertaken by a properly qualified person and have been carried out within the period of three months prior to the date on which the annual fire safety statement is issued. The choice of person to carry out an assessment or inspection is up to the owner of the building.
The person who carries out an assessment must inspect and verify the performance of each fire safety measure being assessed.
It should be noted that it is an offence not to provide an annual fire safety statement to Council and penalties apply.
What is a Final Fire Safety Certificate?
A final Fire Safety Certificate (55kb) is a certificate issued by or on behalf of the owner of a building to the effect that each essential fire safety measure specified in the current fire safety schedule for the building to which the certificate relates:
- has been assessed by a properly qualified person, and
- was found, when it was assessed, to be capable of performing to at least the standard required by the current fire safety schedule for the building for which the certificate was issued.
A fire safety certificate for a building or part of a building must contain the following information:
- 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)
- A statement to the effect referred to in clause 170 (for a final certificate) or clause 173 (for an interim certificate)
- The date on which the certificate is issued.
A fire safety certificate for a building or part of a building must be accompanied by a fire safety schedule for the building or part.
The assessment of essential fire safety measures must have been carried out within the period of three months prior to the date on which a final fire safety certificate is issued.
A person who carries out an assessment:
- must be a properly qualified person to carry out such assessment
- must inspect and verify the performance of each fire safety measure being assessed; and
- must test the operation of each new item of equipment installed in the building premises that is included in the current fire safety schedule for the building.
A final fire safety certificate, issued in relation to work that has been authorised or required by a development consent, construction certificate or fire safety order, need not deal with any essential fire safety measure that is the subject of some other final fire safety certificate or fire safety statement issued within the previous six months, unless the person who issues the development consent, construction certificate or fire safety order determines otherwise.
Failure to provide an annual fire safety statement to Council - Maximum penalty $2000.00
Failure to display a fire safety schedule - Penalty $100.00
For more information in relation to fire safety please do not hesitate to contact our Building and Environmental Health Unit on
Phone: (02) 6670 2400
Fax: (02)6670 2590