Fire Safety

An Annual Fire Safety Statement is a document that is required to be submitted to Council each year by the owner of a building to verify that each “essential fire safety measure” (items such as hose reels, sprinklers, hydrants, exit signs and emergency lighting, portable fire extinguishers, fire and smoke alarms) installed in the premises is performing to the standard outlined in the fire safety schedule (a list of all essential fire safety measures that are installed in a premises and the standard of performance required for each measure).

It also states that paths of travel and exits are unobstructed and that all relevant signage relating to exits is in place.

It is a list of all essential fire safety measures that are installed in a premises and the standard of performance required for each measure.

An Annual Fire Safety Statement must be submitted to Council within twelve (12) months of when the fire safety certificate was issued, or previous Annual Fire Safety Statement was issued.

The Annual Fire Safety Statement must certify that an Accredited Practitioner (Fire Safety) has inspected the building, assessed the fire safety measures, and found that the measures are capable of performing to the relevant standard.

It is the responsibility of the owner to ensure Council receives the fire safety statement prior to the due date. Council as a courtesy sends a reminder letter before the statement is due.

The building owner must have the inspection performed by an Accredited Practitioner (Fire Safety).

Annual Fire Safety statements can only be issued by the owner or on behalf of the owner.

Council charges a fee for processing this statement in accordance with Council’s adopted fees and Charges.

To ensure the safety of persons occupying a building, essential fire safety measures are required to be maintained and are to perform to the standard as to which they were originally designed and installed.

Failure to comply with these requirements is an offence and Council may issue a Penalty Infringement Notice (PIN) if the essential fire safety services are not fully maintained or if the Annual Fire Safety Statement requirements are not complied with.

Council may also serve a Fire Safety Order requiring compliance with fire safety requirements.

If a valid Annual Fire Safety Statement cannot be sent to Council by the due date, an extension may be considered if there are reasonable grounds.

Generally, Building Code of Australia specifies in what parts and/or types of buildings the essential fire safety measures are required.

Council can require that fire safety measures be installed in existing buildings under a fire safety order. In the case of a new building, addition, or change the use of an existing building, Council or the Principal Certifier will specify what measures are required to be installed in a building.

A Fire Safety Certificate would have been required if any of these measures were installed or applied to your building from 1 July 1988.

• Annual and Supplementary Fire Safety Statement Form

A fire safety certificate indicates that fire safety measures have been installed and perform in accordance with the relevant Building Code of Australia and Australian Standards and must be lodged with Council or the Principal Certifier (where appropriate) immediately upon completion of:

• A fire safety order or
• A change in use and before the new use is commenced or the building is occupied for new building works or additions/alterations

If you are required to provide certification for these measures, Council or the Principal Certifier will advise you in the form of a Development Consent, Construction Certificate or Complying Development Certificate and include detailed information such as the installation and performance standards which apply.

Council may also issue a Fire Safety Order which will specify the measures required to be installed in a building and their standard of performance.

Fire safety certificates can only be issued by the owner or on behalf of the owner.

• Fire Safety Certificate Form

From time to time, it may be identified that fire safety schedule for a building is incorrect, and the Annual Fire Safety Statement may not be able to be endorsed. It is requested that in the first instance that if you wish to amend the schedule you contact the Certifying Authority to have the issue resolved.

It should be noted that the only mechanism for Council to amend a schedule is through issuing a Fire Safety Order, in which Council can issue a Compliance Cost Notice to provide this service. Alternatively, A Complying Development Certificate may be applied for from Council or a Private Certifier which may allow for the fire safety schedule to be updated.

For further information visit Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 (Part 9) or contact Mosman Council.