Fire Safety Statement

The owners of a building having a fire safety schedule are required to provide fire safety statements to both their local Council and to the Commissioner of Fire and Rescue NSW (FRNSW)

Under the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 (EP&A Reg.) the building owner(s) must provide the Council with:

• an annual fire safety statement that deals with each essential fire safety measure in the building (section 89); and

• a supplementary fire safety statement for any critical fire safety measure in the building, and being issued at intervals of less than 12 months (section 91).

As per Section 88 of the EP&A Reg., an annual fire safety statement is a statement issued by or on behalf of the owner of a building to the effect that:

1.  each essential fire safety measure specified in the statement has been assessed by an accredited practitioner (fire safety) as capable of performing—

• for an essential fire safety measure specified in the fire safety schedule - to a standard no less than that specified in the schedule, or ....

• for an original measure within the meaning of section 81 - to a standard no less than that to which the measure was originally designed and implemented, and ....

2.  the building has been inspected by an accredited practitioner (fire safety) and was found, when it was inspected, to be in a condition that did not disclose grounds for a prosecution under Part 15.

As per Section 90 of the EP&A Reg., a supplementary fire safety statement is a statement issued by the owner of a building to the effect that each critical fire safety measure specified in the statement has been assessed by an accredited practitioner (fire safety) as capable of performing to at least the standard required by the current fire safety schedule for the building.

The fire safety statement, whether annual or supplementary, is to be issued using the standard form available on the NSW Planning, Industry and Environment website.

Additionally, as soon as practicable after a fire safety statement is issued the building owner(s) must provide:

• a copy of the fire safety statement and the building’s current fire safety schedule to the Fire Commissioner (i.e. FRNSW); and

• a copy of the fire safety statement and the building’s current fire safety schedule and be prominently displayed in the building.

As soon as practicable after an annual or supplementary fire safety statement is issued for a building, the owner of the building must—

1. give a copy of the statement and a copy of the current fire safety schedule to the Fire Commissioner, and

2. ensure a copy of the statement and a copy of the current fire safety schedule are prominently displayed in the building.

As per Sections 88 and 90 of the EP&A Reg., each essential fire safety measure specified in the statement must be assessed by an accredited practitioner (fire safety). Details on finding an accredited practitioner (fire safety) can be found at FPAA website.