Consulting
Fire Safety Statements: Why Do You Need an Agent?
The NSW Government commissioned an independent statutory review of the Building Professionals Act 2005 as it relates to Building and Development Certification practices in NSW, known as the 'Lambert Report', which was finalised in October 2015.
In response, the NSW Government implemented several changes through the Environmental Planning and Assessment Amendment (Fire and Building Certification) Regulation 2017, which came into effect on 1st October 2017.
The most relevant changes for existing buildings and building owners are as follows:
The term ‘properly qualified person’ was replaced with ‘competent fire safety practitioner’, with clear definitions and accreditation requirements for these practitioners (now referred to as Accredited Practitioners (Fire Safety)).
The format for Fire Safety Statements, including Supplementary and Annual Fire Safety Statements (AFSS), must now strictly adhere to the approved form. This includes the name and contact details of both the person issuing the statement and the competent fire safety practitioner(s). The new approved format for the Annual Fire Safety Statement took effect on 1st December 2017.
The primary aim of these legislative amendments is to ensure the competency of fire safety assessments and establish a more refined process for documenting and verifying the performance of essential fire safety measures through annual assessments.
As it is the building owner’s responsibility to ensure the competence of these assessments and assessors, it is important to engage independent specialists in fire safety and compliance, such as Fire Matrix, who have no conflicts of interest regarding repair or upgrade revenue. These specialists act as an impartial third party to review and verify the steps required to successfully submit an Annual Fire Safety Statement (AFSS).
The NSW Department of Planning has explicitly stated that your Fire Contractor or Accredited Practitioner (Fire Safety) should not sign off on the AFSS under Section 7. By engaging the services of a qualified agent, the building owner can confidently ensure that the fire safety compliance requirements for their building(s) are met.
Compliance Reporting
(Post-Development Fire Safety Compliance Audits – Why Are They Necessary?
The development industry often relies on self-certification, where installing contractors certify the compliance of their own work. Unfortunately, this process frequently lacks adequate independent third-party assessment prior to practical completion.
Principal Certifying Authorities (PCAs) are not required to conduct detailed audits of fire safety systems and equipment during construction. Their scope typically does not include comprehensive system inspections. While they may witness basic functional testing or commissioning, many compliance issues can go unnoticed.
Following practical completion, the installing contractors commonly continue to maintain the fire systems during the Defects Liability Period (DLP) and issue additional certifications—again, often without independent verification. These certifications are usually provided simply to facilitate the release of retention monies.
This process can leave the building owner or operator exposed. Once the building’s fire safety systems are integrated into a long-term maintenance program—or years later when new contractors are engaged—previous installation defects or non-compliances may come to light. At that point, rectification costs are borne by the owner, who often believes they have already paid for a fully compliant building.
Engaging an independent third party, such as Fire Matrix, to carry out a Post-Development Fire Safety Compliance Audit provides an effective safeguard. Our audits identify and document non-compliances and defects within the liability and warranty period—allowing them to be rectified at no additional cost to the owner and helping to mitigate future risks.
Our service has become recognised as a risk-averse, cost-saving measure for responsible building owners and operators.
Building Code of Australia Reporting
Why Do You Need a Ordinance 70 or NCC/BCA or Audit?
The National Construction Code (NCC)—also known as the Building Code of Australia (BCA)—sets the legislated minimum compliance requirements for all buildings. In many cases, specific BCA clauses are listed on your building’s Fire Safety Schedule as the required minimum standards of performance.
Your building must also comply with all relevant Deemed-to-Satisfy (D-t-S) provisions, unless an approved Performance Solution has been implemented (see ‘Fire Engineered Reports’ below).
At Fire Matrix, we offer detailed, Clause-by-Clause assessments of your building’s BCA compliance. These audits are particularly valuable when:
Undertaking redevelopment or modification of an existing building
Responding to council-issued notices or orders, including Ordinance 70
Seeking peace of mind regarding the building’s compliance status
Our audits provide clarity, ensure your building meets its legal obligations, and help reduce the risk of costly non-compliance issues in future.
(General Fire Safety requirements)
Why Do You Need a Fire Compliance Audit?
While your fire safety measures are routinely maintained in accordance with AS 1851, your fire contractor’s assessments are limited to the standard series of checks outlined in that maintenance standard. These checks are focused on the basic functionality of the installed systems.
However, a Fire Compliance Audit offers a broader and more independent perspective. It goes beyond routine inspection and testing by identifying issues not covered under AS 1851 or those outside the scope of your fire contractor’s responsibilities.
This type of audit is a high-level, independent review of your building’s fire safety measures. It provides a comprehensive assessment of compliance with applicable codes, standards, and performance requirements—giving you a clear and reliable overview of your building’s overall fire safety status.
Fire Engineers Solutions
Why Do You Need a Fire Engineered Report (FER) / Performance Solution?
The National Construction Code (NCC), also known as the Building Code of Australia (BCA), sets out a range of performance requirements that define the minimum standards for building construction and safety, including fire safety.
These requirements can typically be satisfied by following the Deemed-to-Satisfy (D-t-S) provisions—standard clauses in the BCA that outline general compliance pathways, such as specified Fire Resistance Levels, firefighting equipment, and installation practices drawn from current Australian Standards.
However, when a building cannot meet the D-t-S provisions due to design constraints, existing conditions, or specific project requirements, an alternative compliance pathway is available: the Performance Solution.
A Performance Solution—often documented in a Fire Engineered Report (FER)—is a customised approach that demonstrates how a particular building or fire safety measure can still meet the intent and safety outcomes of the NCC, even if it deviates from the standard D-t-S approach.
Common reasons for using a Performance Solution include:
Addressing non-compliance with D-t-S provisions in existing buildings
Allowing for more efficient or cost-effective designs
Accommodating unique architectural features or performance objectives
Fire Matrix can assist in developing and reviewing Performance Solutions to ensure your building remains compliant, safe, and fit for purpose.