What is a fire safety measure?
Who is responsible for maintaining fire safety measures?
What is a fire safety schedule?
What is an annual fire safety statement?
Who is responsible for providing an annual fire safety statement?
Requirements of annual fire safety statements
Should a separate statement be submitted for each of the installed fire safety measures?
What will happen if an annual fire safety statement is not submitted by the due date?
What is a fire safety measure?
A fire safety measure is 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 persons using the building in the event of emergency. These measures will vary from building to building and may include exit signs, portable fire extinguishers, smoke alarms, fire hydrants, evacuation plans etc.
More details including a list of all statutory fire safety measures are in Clauses 165 and 166 of the
Environmental Planning & Assessment Regulation 2000. (new window)
Who is responsible for maintaining fire safety measures?
Under the provisions of the Environmental Planning and Assessment Regulation 2000 (the EP&A Regulation) it is the building owner’s responsibility to maintain each essential fire safety measure installed in the building premises. The fire safety measures are to be maintained whether the building is occupied or vacant.
What is a fire safety schedule?
A Fire Safety Schedule is the list of all Fire Safety measures that are required to be installed in a premises and the standard of performance to which each measure must be capable of operating.
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 modified building.
An annual fire safety statement is a statement issued by or on behalf of the owner of a building certifying that each essential fire safety measure has been assessed by a properly qualified person and was found to be capable of performing to a standard no less than that specified in a fire safety schedule 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 EP&A Regulation) ie. the required fire safety notices are displayed and all fire exits and paths of travel to fire exits are clear and safe for use in an emergency.
Under the provisions of the EP&A Regulation it is the building owner’s responsibility to ensure that the annual fire safety statement is submitted to Council; that a copy of the statement is given to the Fire Commissioner and that another copy is prominently displayed in the building.
The required assessment and inspection of the fire safety measures must have been carried out within the period of three months prior to the date on which the statement is issued. It is therefore important to be aware of the due date for submission of the statement to Council. Procedures should be put in place to have the required assessment and inspection, and any required repairs, carried out within this three month period.
It is the building owners responsibility to choose a properly qualified person to carry out the inspection and assessment. The person who carries out an assessment must inspect and verify the performance of each fire safety measure being assessed.
Should a separate statement be submitted for each of the installed fire safety measures?
No. Only one annual fire safety statement, listing all installed fire safety measures, is to be submitted to Council, the NSW Fire and Resuce and prominently displayed in the building. However, it is advisable to retain all statements and certificates issued by your service provider as proof of inspection.
What will happen if an annual fire safety statement is not submitted by the due date?
Failure to give Council an annual fire safety statement by the due date constitutes a separate offence for each week beyond that date for which the failure continues. The serious nature of non-compliance with fire safety requirements is reflected by the substantial penalties provided for in the EP&A Act.
Proceedings for such an offence may be taken before a Local Court where a maximum fine of $110,000 may be imposed, or Council may issue Penalty Notices which range from $500 for the first week of the offence up to $2000 per week for the fourth and subsequent weeks of the offence.
An incomplete statement may still attract at least a $500 Penalty Notice and failure to maintain an essential fire safety measure may attract an additional $1500 Penalty Notice.
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
NSW legislation (new window).