When building a Class 2 to Class 9 building a number of fire safety measures and reporting obligations need to be complied with under Part 9 of the Environmental, Planning & Assessment Regulation 2000. Existing owners also have responsibility to maintain fire safety standards and report on these annually. Council can penalise owners who do not comply with fire safety regulations.
Class 2 to Class 9 buildings are:
With new buildings a Fire Safety Schedule will be issued alongside the Construction Certificate or Complying Development Consent. It can also be issued when the Development Application is approved. The Fire Safety Schedule will list the fire safety measures that need to be installed and the Australian and/or other Standards to which they must comply with. Older buildings will be subject to a Fire Safety Schedule if development consent is sought for work on the building. In some cases, existing buildings may already have a Fire Safety Schedule issued with a Building Application prior to 1997. A Fire Safety Schedule may also be issued if Council conducts a fire safety audit of the premises.
Essential fire safety services encompass a number of fire safety measures to be carried out within a building or premises. Examples of these services include:
A Fire Safety Certificate is a certificate that is submitted to Council by the owner or manager of a building. It certifies that each of the specified fire safety measures listed in the Fire Safety Schedule have been installed and operate to the performance standard listed in the Fire Safety Schedule.
A Fire Safety Certificate is required to be submitted to Council prior to a new building or new additions being occupied and must be issued prior to the occupation of a building.
Every 12 months after the Fire Safety Certificate is issued, an Annual Fire Safety Statement must be prepared and given to Council and NSW Fire and Rescue. The Annual Fire Safety Statement must certify that a professional fire and building consultant has inspected the building, assessed the fire safety measures, and found they continue to meet standards set out in the Fire Schedule.
A copy of the Fire Safety Certificate and Fire Safety Statement is required to be displayed within the building in a conspicuous position.
When levels of fire safety in a building are not up to standard Fire Safety Orders are issued by Council. Fire Safety Orders can also be issued as Emergency Orders. Where an Emergency Fire Safety Order is not complied with Council will seek court directions to have the work done.
Council can also issue a Notice of Intention to Give an Order where a lesser fire risk is evident or the work will be more extensive.
Council may issue a penalty infringement notice if fire safety measures are not kept up to standards or if the Annual Fire Safety Statement is not submitted.