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What is an Annual Fire Safety Statement?

An annual fire safety statement is issued by 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 of annual fire safety statements

The assessment and inspection of an essential fire safety measure or building must 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.

Form of fire safety certificates

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.

Final fire safety certificates

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.

The choice of person to carry out an assessment is up to the owner of the building.

A person who carries out an 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.

Supplementary fire safety statements

The assessment of critical fire safety measures must have been carried out within the period of one month prior to the date on which the supplementary fire safety statement is issued.

The choice of person to carry out the assessment is up to the owner of the building.

The person who carries out the assessment must inspect and verify the performance of each fire safety measure being assessed.

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.

As soon as practicable, after receiving a request in that regard from the owner of a building to which an essential fire safety measure is applicable otherwise than by virtue of a fire safety schedule, the Council must provide the owner with a schedule of the essential fire safety measures for the building premises.

Links to relevant legislation

The relevant legislation is as follows:

• Environmental Planning and Assessment Act 1979
• Environmental Planning and Assessment Regulation 2000

For more information, contact our Fire Safety Officer:
Phone: 9391 7147
Fax: 9391 7044