Annual Fire Safety Statements
What is an Annual Fire Safety Statement?
What is a Supplementary Fire Safety Statement?
What are Essential Fire Safety Measures?
Why do these Measures need to be certified yearly?
What can happen without a statement?
What is a Fire Safety Schedule?
How can I get a Fire Safety Schedule for my premises?
What are the obligations for the owner?
Who is responsible for Certification?
When is an Annual Fire Safety Statement due?
What should I do now?
What if I don’t submit an Annual Fire Safety Statement?
What if some Essential Fire Safety Measures need repair?
Fees
Glossary
Further information
What is an Annual Fire Safety Statement?
An Annual Fire Safety Statement certifies that each Essential Fire Safety Measure installed on a premises has been assessed by a properly qualified person and was found to be capable of performing to the standard required by the most recent Fire Safety Schedule.
The owner of a premises is required to provide a statement to the Council and Fire & Rescue NSW every 12 months and to display a copy of the current statement in a prominent position at the premises, such as in the entry foyer.
The requirements have applied to premises subject to an approval, fire safety order or development consent since 1988 (at the time under Ordinance 70 Part 59), and now required by the Environmental Planning and Assessment Regulation 2000 (Part 9).
The annual fire safety statement must be in a prescribed format. The blank copy below can be downloaded for completion.
Download
- Annual Fire Safety Statement form | PDF 145Kb
What is a Supplementary Fire Safety Statement?
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 supplementary fire safety statement must be in a prescribed format. The blank copy below can be downloaded for completion.
Download
- Supplementary Fire Safety Statement form | PDF 115Kb
What are Essential Fire Safety Measures?
Essential Fire Safety Measures are installations, types of equipment or forms of construction on a premises for the safety of the occupants in the event of fire or other emergency. Some examples include:
- Automatic fire detection and alarm systems
- Automatic fire suppression systems (e.g. sprinkler systems)
- Emergency lighting and exit signs
- Fire hose reels, fire hydrants, and portable fire extinguishers
- Fire doors and mechanical air handling systems
- Lightweight fire resistant construction.
More details including a list of all statutory fire safety measures are in Clauses 165 and 166 of the Environmental Planning & Assessment Regulation 2000.
Why do these measures need to be certified yearly?
For the safety of persons who reside in, work in or visit buildings and to comply with the law
Without a statement, what might happen?
- Measures might not be maintained
- Measures might not meet the proper standard of performance
- Measures might be vandalised and not be repaired or replaced
- Measures might be locked away or otherwise made inaccessible
- Measures might be removed
- A threat to life safety of building residents, workers, or visitors could arise.
What is a Fire Safety Schedule ?
A Fire Safety Schedule is the list of all the Essential Fire Safety Measures that are required to be installed upon a premises and the standard of performance to which each measure must be capable of operating.
How can I get a Fire Safety Schedule for my premises?
A Fire Safety Schedule can be issued:
- By Council or an accredited certifier with a Construction Certificate or Complying Development Certificate for a new or altered building
- By Council with a Fire Safety Order under Order 6, Section 121 of the Environmental Planning and Assessment Act 1979, where Council conducts an inspection and finds that the premises does not have adequate provision to prevent or suppress fire, Council may issue an order that steps be taken to make the premises fire safe
- By Council in some cases with a Development Consent such as for a change of use in an existing building.
A fire safety schedule is only applicable if any of the above occurred after 1988, for premises other than a single dwelling or an outbuilding (e.g. shed).
You can obtain a copy of the latest fire safety schedule by requesting one via email, letter, fax or telephone call.
What are the obligations for the owner?
- For new or altered buildings the first certificate, called a Fire Safety Certificate must be furnished for each new or altered essential fire safety measure (i) after completion of fire safety upgrading work, (ii) before occupation of a new or altered building, or (iii) before occupation with a change of use, in each case where required by a fire safety schedule. At least once within every twelve months after the Fire Safety Certificate is completed, an Annual Fire Safety Statement must be furnished to Council, certifying that a properly qualified person has inspected the building, assessed the fire safety measures, and found that the measures are capable of performing to the relevant standards.
- For existing buildings, every year, within 12 months of the date of the previous Annual Fire Safety Statement, the owner of a building must submit to Council an Annual Fire Safety Statement which certifies that each of the measures listed in the most recent Fire Safety Schedule installed on the premises remain capable of operating to the standards listed in the Fire Safety Schedule.
Who is responsible for Certification?
The owner of a premises must ensure that each of the measures have been assessed by a properly qualified person, that a copy of the completed Annual Fire Safety Statement or Fire Safety Certificate has been submitted to Council and Fire & Rescue NSW, and that a copy is prominently displayed in the building.
When is an Annual Fire Safety Statement due?
An Annual Fire Safety Statement is due 12 months from the date of the last annual fire safety statement, or Fire Safety Certificate.
What should I do now?
The owner of the premises must be aware of the date on which the Annual Fire Safety Statement is due, to make arrangements for the fire safety measures to be inspected, certified and submitted before the due date.
The owner is advised to employ the services of a professional building and fire safety consultant to arrange for the Essential Fire Safety Measures to be inspected and to obtain an Annual Fire Safety Statement. It is important that the person is suitably qualified and experienced and is fully aware of the fire safety schedule and relevant legislative requirements.
Once the annual fire safety statement is complete, you must lodge it with Council by email, post, fax or in person at a Council office location, and to Fire and Rescue NSW. For details visit www.fire.nsw.gov.au or call 02 9742 7400.
What if I don’t submit an Annual Fire Safety Statement?
Clause 177 of the Environmental Planning and Assessment Regulation 2000 states that it is an offence to fail to provide the statement. Substantial and continuing weekly penalty notices apply for this offence:
- 1 week late $500
- 2 weeks late an additional $1000
- 3 weeks late an additional $1500
- 4 weeks late an additional $2000.
These substantial penalties reflect how important it is to provide an annual fire safety statement by the due date.
Although it is not required to do so by law, the City of Sydney sends a courtesy reminder letter to the owner of affected premises care of the address provided for rates and notices. Whilst Council makes every effort to issue this reminder in a timely and accurate manner, Council accepts no responsibility for any reliance upon it and the legal responsibility for providing the statement when due rests with the owner of the premises.
Council’s policy is that correctly issued Penalty Infringement Notices issued for late submission of an annual fire safety statement will stand. 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 $110,000.00.
What if Essential Fire Safety Measures need repair?
In certain circumstances where an Annual Fire Safety Statement cannot be submitted because repairs are required to Essential Fire Safety Measures before they can be certified, Council may consider staying (or holding off issuing) weekly penalty infringement notices. In order for Council to consider whether to stay the penalty notices a Request to stay penalty infringement notice(s) form must be completed and submitted with sufficient supporting documentation.
Council will only consider requests to stay penalty notices for repair works taking up to six (6) months to complete. For situations where repair work will take longer than six (6) months please contact the City of Sydney Essential Services Section on 02 9265 9333.
The owner of the premises must make the necessary arrangements for the fire safety measures to be inspected and statement provided before the expiry of the time allowed.
Council is unlikely to stay penalty infringement notices in the event of a history of late submission of Annual Fire Safety Statements for a premises.
Download
- Request to stay penalty infringement notice(s) | PDF 185Kb
Fees
There is currently no fee for lodging a fire safety certificate, an annual fire safety statement or an supplementary fire safety statement.
Glossary
Annual Fire Safety Statement (AFSS) – a statement that must be provided to Council, Fire and Rescue NSW and prominently displayed in the premises, stating that all essential fire safety measures are installed and operating to the standards listed in the current Fire Safety Schedule.
Critical Fire Safety Measure - a fire safety measure that is identified in the buildings fire safety schedule as being of such a nature or importance, that the measure requires periodic assessment and certification at intervals of less than 12 months.
Essential Fire Safety Measures – measures such as fire hose reels, exit signs or portable fire extinguishers required for fire safety in a building. A list of measures is contained in the Environmental Planning and Assessment Regulation 2000.
Final Fire Safety Certificate – a certificate that must be furnished to Council after installation of essential fire safety measures, before a building is occupied, certifying that all the measure in the Fire Safety Schedule are installed and operating to the required standard of performance.
Fire Safety Schedule – a list of essential and critical fire safety measures required on the premises and the relevant standards of performance the measures must achieve.
Further Information
The above is a guide only to some relevant requirements of:
- The Environmental Planning and Assessment Regulation 2000, Part 9
- The Environmental Planning and Assessment Act 1979
- The Building Code of Australia.
For more information visit www.legislation.nsw.gov.au.
For further information on Essential Fire Safety Measures or your Annual Fire Safety Statement is available from Essential Services on 02 9265 9333.
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Last Updated: Monday 16 January, 2012
