Fire safety and matters concerning the Building Code of Australia Division 1 to 6

Division 1 Preliminary

165 Definitions (cf clause 80 of EP&A Regulation 1994)

In this Part and Schedule 1—

alteration to a hydraulic fire safety system means a permanent alteration to a hydraulic fire safety system that modifies or enables the modification of the pressure or flow characteristics of the hydraulic fire safety system and that is not associated with—

(a) an alteration, enlargement or extension of an existing building, unless the alteration, enlargement or extension relates solely and directly to the alteration to the hydraulic fire safety system, or

(b) a change of use of a building.

annual fire safety statement means a statement referred to in clause 175.

critical fire safety measure means a fire safety measure that is identified in a fire safety schedule as a critical fire safety measure, being a measure that is of such a nature, or is implemented in such an environment or in such circumstances, that the measure requires periodic assessment and certification at intervals of less than 12 months.

essential fire safety measure, in relation to a building, means a fire safety measure that is included—

(a) in the fire safety schedule for the building, or

(b) in the essential services (within the meaning of Ordinance No 70 under the Local Government Act 1919) attached to an approval or order referred to in Part 59 of that Ordinance, being an approval or order that was in force immediately before 1 July 1993, or

(c) in the essential services (within the meaning of the Local Government (Approvals) Regulation 1993) attached to an approval referred to in clause 22 of that Regulation, being the latest such approval granted during the period from 1 July 1993 to 30 June 1997, or

(d) in the essential services (within the meaning of the Local Government (Orders) Regulation 1993) attached to an order referred to in clause 6(1) of that Regulation, being the latest such order given during the period from 1 July 1993 to 30 June 1997.

final fire safety certificate means a certificate referred to in clause 170.

fire exit, in relation to a building, means any exit to the building that has been provided in compliance with any requirement imposed by or under the Act or this Regulation or by or under any other law, whether or not that law is currently in force.

fire safety certificate means an interim fire safety certificate or a final fire safety certificate.

fire safety measure means 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 fire.

fire safety statement means an annual fire safety statement or a supplementary fire safety statement.

fire-isolated, when used in connection with the words “stairway, passageway or ramp”, means a fireisolated stairway, fire-isolated passageway or fire-isolated ramp, as the case may be, within the meaning of the Building Code of Australia.

hydraulic fire safety system means—

(a) a fire hydrant system, or

(b) a fire hose reel system, or

(c) a sprinkler system (including a wall-wetting sprinkler or drencher system), or

(d) any type of automatic fire suppression system of a hydraulic nature, that is installed in accordance with a requirement of, or under, the Act or any other Act or law (including an order or a condition of an approval or some other sort of authorisation).

interim fire safety certificate means a certificate referred to in clause 173. statutory fire safety measure means a fire safety measure of a kind referred to in the Table to clause 166.

supplementary fire safety statement means a statement referred to in clause 178.

166 Statutory fire safety measures (cf clause 80A of EP&A Regulation 1994)

The fire safety measures listed in the Table to this clause are statutory fire safety measures for the purposes of this Part.

Table

Access panels, doors and hoppers to fire-resisting shafts
Automatic fail-safe devices
Automatic fire detection and alarm systems
Automatic fire suppression systems
Emergency lifts
Emergency lighting
Emergency warning and intercommunication systems
Exit signs
Fire control centres and rooms
Fire dampers
Fire doors
Fire hose reel systems
Fire hydrant systems
Fire seals protecting openings in fire-resisting components of the building
Fire shutters
Fire windows
Lightweight construction
Mechanical air handling systems
Perimeter vehicle access for emergency vehicles
Portable fire extinguishers
Safety curtains in proscenium openings
Smoke alarms and heat alarms
Smoke and heat vents
Smoke dampers
Smoke detectors and heat detectors
Smoke doors
Solid core doors
Standby power systems
Wall-wetting sprinkler and drencher systems
Warning and operational signs

167 Application of Part (cf clause 80B of EP&A Regulation 1994)

(1) This Part applies to all buildings except as follows—

(a) only Division 7A applies to class 1a and class 10 buildings,

(b) only Division 8 applies to temporary structures,

(c) Division 7C applies only to—

(i) class 2, class 3 and class 9 buildings of 2 or more storeys, and

(ii) any class 4 part of a class 9 building of 2 or more storeys.

(2) In this clause, a reference to a class 1a or class 10 building—

(a) in the case of the erection of a new building, is a reference to a building that will be a class 1a or class 10 building when completed, and

(b) in the case of the rebuilding, alteration, enlargement or extension of an existing building, is a reference to an existing class 1a or class 10 building, and

(c) in the case of the change of building use for a building, is a reference to a building that will be a class 1a or class 10 building as a result of the change of building use.

167A (Repealed)

Division 2 Fire safety schedules

168 Fire safety schedules (cf clause 80C of EP&A Regulation 1994)

(1) When—

(a) granting a development consent for a change of building use (other than a complying development certificate) in circumstances in which no building work is proposed by the applicant for the consent and no building work is required by the consent authority, or

(b) issuing a complying development certificate for the erection of a building or for a change of building use, or

(c) issuing a construction certificate for proposed building work, or

(d) giving a fire safety order in relation to building premises, the person doing so must issue a schedule (a fire safety schedule) specifying the fire safety measures (both current and proposed) that should be implemented in the building premises.

(2) In the case of a fire safety order in respect of which a further order is made under section 121R of the Act, the fire safety schedule is to be issued when the further order is given.

(2A) Despite subclause (1)(b), (c) and (d), a fire safety schedule is not required to be issued if—

(a) the work for which a complying development certificate or construction certificate is to be issued relates only to—

(i) an alteration to a hydraulic fire safety system, or

(ii) the installation of a fixed on-site pumpset and the construction of a new external pumphouse to accommodate that pumpset, and

(b) the carrying out of that work does not result in a permanent reduction of the fire protection provided by the existing hydraulic fire safety system that will be the subject of that work, and

(c) there is notice, in respect of the premises on which the works are to be carried out, of a past, current or proposed action by or on behalf of a water utility to install mains pressure reduction capability or to implement mains pressure reduction.

Note. Pursuant to clause 167, a fire safety schedule is also not required in relation to a class 1a building, a class 10 building or a temporary structure. (3) A fire safety schedule—

(a) must deal with the whole of the building, not merely the part of the building to which the development consent, complying development certificate, construction certificate or fire safety order relates, and

(b) must include—

(i) such of the fire safety measures currently implemented in the building premises, and

(ii) such of the fire safety measures proposed or required to be implemented in the building premises, as are statutory fire safety measures, and

(c) must distinguish between—

(i) the fire safety measures currently implemented in the building premises, and

(ii) the fire safety measures proposed or required to be implemented in the building premises, and

(d) must identify each measure that is a critical fire safety measure and the intervals (being intervals of less than 12 months) at which supplementary fire safety statements must be given to the council in respect of each such measure, and

(e) must specify the minimum standard of performance for each fire safety measure included in the schedule.

(4) A copy of the fire safety schedule must be attached to (and is taken to form part of) the relevant development consent, complying development certificate, construction certificate or fire safety order and for the purposes of an appeal forms part of the development consent or construction certificate.

(5) An earlier fire safety schedule is superseded by a later fire safety schedule, and ceases to have effect when the later fire safety schedule is issued.

168A (Repealed)

168B Installation of fire sprinkler systems in certain residential aged care facilities

(1) This clause applies to a complying development certificate or a construction certificate that relates only to the installation of a fire sprinkler system that is required to be installed under Division 7B of Part 9 of this Regulation.

(2) A person issuing such a certificate must also issue—

(a) if there is a current fire safety schedule for the building concerned, a schedule (a fire sprinkler system installation schedule) for the new fire sprinkler system, or

(b) in any other case, a fire safety schedule dealing only with the new fire sprinkler system.

(3) A fire sprinkler system installation schedule or fire safety schedule issued under this clause—

(a) must specify the minimum standard of performance for the new fire sprinkler system, and

(b) if the new fire sprinkler system is a critical fire safety measure, must identify the system as such and specify the intervals (being intervals of less than 12 months) at which supplementary fire safety statements must be given to the council.

(4) If a fire sprinkler system installation schedule is issued, a copy of the schedule must be attached to the current fire safety schedule for the building concerned and the copy is taken, for the purposes of this Regulation, to form part of the fire safety schedule.

Note. This means that when the current fire safety schedule is updated, the updated fire safety schedule must incorporate not only the current fire safety schedule but also the fire sprinkler system installation schedule.

(5) Clause 168(4) applies to a fire sprinkler system installation schedule and a fire safety schedule issued under this clause

Division 3 Fire safety orders

169 Fire safety schedules and fire safety certificates (cf clause 80D of EP&A Regulation 1994)

(1) As soon as practicable after making a fire safety order, a person must cause copies of the fire safety schedule required by clause 168 to be given to the council and to the Fire Commissioner.

(2) A person to whom a fire safety order is given in relation to any building must, within the time specified in the order, cause copies of a final fire safety certificate for the building (being a certificate issued after the requirements of the order have been complied with) to be given to the person by whom the order was given (and, if that person was not the council, to the council).

Note. See also clause 172 which requires a copy of the ensuing fire safety certificate to be given to the Fire Commissioner

Division 4 Fire safety certificates

170 What is a final fire safety certificate? (cf clause 80E of EP&A Regulation 1994)

A final fire safety certificate is a certificate issued by or on behalf of the owner of a building to the effect that each essential fire safety measure specified in the current fire safety schedule for the building to which the certificate relates—

(a) has been assessed by a properly qualified person, and

(b) was found, when it was assessed, to be capable of performing to at least the standard required by the current fire safety schedule for the building for which the certificate is issued.

Note. A final fire safety certificate must be provided before an occupation certificate can be issued for a building under clause 153(1), and must also be provided if a fire safety order is made in relation to building premises.

171 Issue of final fire safety certificates

(1) The assessment of essential fire safety measures must have been carried out within the period of 3 months prior to the date on which a final fire safety certificate is issued.

(2) The choice of person to carry out an assessment is up to the owner of the building.

(3) A person who carries out an assessment— (a) must inspect and verify the performance of each fire safety measure being assessed, and (b) must test the operation of each new item of equipment installed in the building premises that is included in the current fire safety schedule for the building.

(4) A final fire safety certificate issued in relation to work that has been authorised or required by a development consent, construction certificate or fire safety order need not deal with any essential fire safety measure the subject of some other final fire safety certificate or fire safety statement issued within the previous 6 months, unless the person by whom the development consent, construction certificate or fire safety order is issued or given otherwise determines.

(5) The person by whom the development consent, construction certificate or fire safety order is issued or given may make such a determination only if— (a) the person is of the opinion that the measure will be affected by the work, and (b) the person has specified in the fire safety schedule attached to the development consent, construction certificate or fire safety order that the final fire safety certificate issued in relation to the work must deal with that measure.

172 Final fire safety certificate to be given to Fire Commissioner and prominently displayed in building

(1) As soon as practicable after a final fire safety certificate is issued, the owner of the building to which it relates—

(a) must cause a copy of the certificate (together with a copy of the current fire safety schedule) to be given to the Fire Commissioner, and

(b) must cause a further copy of the certificate (together with a copy of the current fire safety schedule) to be prominently displayed in the building.

(2) Subclause (1)(b) ceases to apply to a final fire safety certificate only when every essential fire safety measure with which it deals has become the subject of a later fire safety certificate or fire safety statement.

173 What is an interim fire safety certificate? (cf clause 80F of EP&A Regulation 1994)

(1) An interim fire safety certificate is a certificate issued by the owner of a building to the effect that each essential fire safety measure specified in the current fire safety schedule for the part of the building to which the certificate relates—

(a) has been assessed by a properly qualified person, and

(b) was found, when it was assessed, to be capable of performing to at least the standard required by the current fire safety schedule for the building for which the certificate is issued.

(2) The provisions of clause 171 and 172 apply to an interim fire safety certificate in the same way as they apply to a final fire safety certificate.

Note. An interim fire safety certificate (or a final fire safety certificate) must be provided before an occupation certificate can be issued for a building under clause 153(1) or for part of a partially completed new building under clause 153(2).

174 Form of fire safety certificates (cf clause 80G of EP&A Regulation 1994)

(1) A fire safety certificate for a building or part of a building must be made in the form approved by the Planning Secretary and must contain the following information—

(a) the name and address of the owner of the building or part,

(b) a description of the building or part (including its address),

(c) a list identifying each essential fire safety measure in the building or part, together with the minimum standard of performance specified in the relevant fire safety schedule in relation to each such measure,

(d) the date or dates on which the essential fire safety measures were assessed,

(e) the type of certificate being issued (that is, final or interim),

(f) a statement to the effect referred to in clause 170 (for a final certificate) or clause 173 (for an interim certificate),

(g) the date on which the certificate is issued.

(2) A fire safety certificate for a building or part of a building must be accompanied by a fire safety schedule for the building or part.

Division 5 Fire safety statements

175 What is an annual fire safety statement? (cf clause 80GA of EP&A Regulation 1994)

An annual fire safety statement is a statement issued by or on behalf of the owner of a building to the effect that—

(a) each essential fire safety measure specified in the statement has been assessed by an accredited practitioner (fire safety) and was found, when it was assessed, to be capable of performing—

(i) in the case of an essential fire safety measure applicable by virtue of a fire safety schedule, to a standard no less than that specified in the schedule, or

(ii) in the case of an essential fire safety measure applicable otherwise than by virtue of a fire safety schedule, to a standard no less than that to which the measure was originally designed and implemented, and

(b) 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 any grounds for a prosecution under Division 7.

176 Issue of annual fire safety statements

(1) The assessment and inspection of an essential fire safety measure or building must have been carried out within the period of 3 months prior to the date on which the annual fire safety statement is issued.

(2) The choice of person to carry out an assessment or inspection is up to the owner of the building.

(3) The person who carries out an assessment must inspect and verify the performance of each fire safety measure being assessed.

177 Annual fire safety statement to be given to consent authority and Fire Commissioner and prominently displayed in building (cf clause 80GB of EP&A Regulation 1994)

(1) Each year, the owner of a building to which an essential fire safety measure is applicable must cause the council to be given an annual fire safety statement for the building.

(2) An annual fire safety statement for a building—

(a) must deal with each essential fire safety measure in the building premises, and

(b) must be given—

(i) within 12 months after the date on which an annual fire safety statement was previously given, or

(ii) if a fire safety certificate has been issued within the previous 12 months, within 12 months after the fire safety certificate was issued,whichever is the later.

(2A) Failure to give an annual fire safety statement to the council within the time prescribed by subclause (2)(b) constitutes a separate offence for each week beyond the expiry of that time for which the failure continues.

(3) As soon as practicable after an annual fire safety statement is issued, the owner of the building to which it relates—

(a) must cause a copy of the statement (together with a copy of the current fire safety schedule) to be given to the Fire Commissioner, and (b) must cause a further copy of the statement (together with a copy of the current fire safety schedule) to be prominently displayed in the building.

(4) Subclause (3)(b) ceases to apply to an annual fire safety statement only when every essential fire safety measure with which it deals has become the subject of a later fire safety certificate or fire safety statement.

(5) In relation to land to which the State Environmental Planning Policy (Kosciuszko National Park—Alpine Resorts) 2007 applies, a reference in this clause to the provision of fire safety statements for premises in ski resort areas to the council is taken to be a reference to the Minister.

178 What is a supplementary fire safety statement? (cf clause 80GC of EP&A Regulation 1994)

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) and was found, when it was assessed, to be capable of performing to at least the standard required by the current fire safety schedule for the building for which the statement is issued. 179 Issue of supplementary fire safety statements

(1) The assessment of a critical fire safety measure must have been carried out within the period of one month prior to the date on which the supplementary fire safety statement is issued.

(2) The choice of person to carry out the assessment is up to the owner of the building.

(3) The person who carries out the assessment must inspect and verify the performance of each fire safety measure being assessed.

180 Supplementary fire safety statement to be given to council and Fire Commissioner and prominently displayed in building (cf clause 80GD of EP&A Regulation 1994)

(1) The owner of building premises in which a critical fire safety measure is implemented must cause the council to be given periodic supplementary fire safety statements for that measure.

(2) A supplementary fire safety statement for a critical fire safety measure must be given at such intervals (being intervals of less than 12 months) as is specified in respect of that measure in the current fire safety schedule for the building.

(2A) Failure to give a supplementary fire safety statement to the council within the time required by the current fire safety schedule for the building constitutes a separate offence for each week beyond the expiry of that time for which the failure continues.

(3) As soon as practicable after a supplementary fire safety statement is issued, the owner of the building to which it relates— (a) must cause a copy of the statement (together with a copy of the current fire safety schedule) to be given to the Fire Commissioner, and (b) must cause a further copy of the statement (together with a copy of the current fire safety schedule) to be prominently displayed in the building.

(4) Subclause (3)(b) ceases to apply to a supplementary fire safety statement only when every critical fire safety measure with which it deals has become the subject of a later fire safety certificate or fire safety statement.

181 Form of fire safety statements (cf clause 80GE of EP&A Regulation 1994)

(1) A fire safety statement for a building or part of a building must be made in the form approved by the Planning Secretary and must contain the following information—

(a) the name and address of the owner of the building or part,

(b) a description of the building or part (including its address),

(c) a list identifying—

(i) each essential fire safety measure in the building or part (for an annual statement), or

(ii) each critical fire safety measure in the building or part (for a supplementary statement), together with the minimum standard of performance specified in the relevant fire safety schedule in relation to each such measure, (d) the date or dates on which the essential fire safety measures were assessed,

(e) the date on which the building or part was inspected, (f) the type of statement being issued (that is, annual or supplementary),

(g) a statement to the effect referred to in clause 175 (for an annual statement) or clause 178 (for a supplementary statement),

(h) the date on which the statement is issued.

(i) the name and contact details of the person who issued the statement,

(j) the name and contact details of the accredited practitioner (fire safety) who endorsed the statement.

(2) A fire safety statement for a building or part of a building must be accompanied by a fire safety schedule for the building or part.

Division 6 Fire safety maintenance

182 Essential fire safety measures to be maintained (cf clause 80GF of EP&A Regulation 1994)

(1) The owner of a building to which an essential fire safety measure is applicable must not fail to maintain each essential fire safety measure in the building premises—

(a) in the case of an essential fire safety measure applicable by virtue of a fire safety schedule, to a standard no less than that specified in the schedule, or

(b) in the case of an essential fire safety measure applicable otherwise than by virtue of a fire safety schedule, to a standard no less than that to which the measure was originally designed and implemented.

(2) As soon as practicable after receiving a request in that regard from the owner of a building to which an essential fire safety measure is applicable otherwise than by virtue of a fire safety schedule, the council must provide the owner with a schedule of the essential fire safety measures for the building premises.

Division 7 Miscellaneous fire safety offences

183 Fire safety notices (cf clause 80GG of EP&A Regulation 1994)

(1) If—

(a) a building’s fire exit includes any fire-isolated stairway, passageway or ramp, and

(b) a notice in the form at the end of this clause is not at all times displayed in a conspicuous position adjacent to a doorway providing access to, but not within, that stairway, passageway or ramp, the occupier of the part of the premises adjacent to the stairway, passageway or ramp is guilty of an offence.

(2) The words “OFFENCE RELATING TO FIRE EXITS” in the notice referred to in subclause (1)(b) must be in letters at least 8 millimetres high, and the remaining words must be in letters at least 2.5 millimetres high.

(3) A notice in the form prescribed under the Local Government Act 1919 or the Local Government Act 1993 for the purposes of a provision corresponding to this clause is taken to comply with the requirements of this clause.

OFFENCE RELATING TO FIRE EXITS

It is an offence under the Environmental Planning and Assessment Act 1979—

(a) to place anything in or near this fire exit that may obstruct persons moving to and from the exit, or

(b) to interfere with or obstruct the operation of any fire doors, or (c) to remove, damage or otherwise interfere with this notice.

184 Fire exits (cf clause 80GH of EP&A Regulation 1994)

A person must not—

(a) place anything that may impede the free passage of persons—

(i) in a stairway, passageway or ramp serving as or forming part of a building’s fire exit, or

(ii) in a path of travel leading to a building’s fire exit, or

(b) interfere with, or cause obstruction or impediment to, the operation of any fire doors providing access to a stairway, passageway or ramp serving as or forming part of a building’s fire exit, or

(c) remove, damage or otherwise interfere with a notice referred to in clause 183.

185 Doors relating to fire exits (cf clause 80GI of EP&A Regulation 1994) A person must not—

(a) without lawful excuse, interfere with, or cause obstruction or impediment to, the operation of any door that—

(i) serves as or forms part of a building’s fire exit, or

(ii) is situated in a path of travel leading to a building’s fire exit, or

(b) without lawful excuse, obstruct any doorway that—

(i) serves as or forms part of a building’s fire exit, or

(ii) is situated in a path of travel leading to a building’s fire exit.

186 Paths of travel to fire exits (cf clause 80GJ of EP&A Regulation 1994) The owner of a building—

(a) must ensure that—

(i) any stairway, passageway or ramp serving as or forming part of a building’s fire exit, and

(ii) any path of travel leading to a building’s fire exit, is kept clear of anything that may impede the free passage of persons, and

(b) must ensure that the operation of any door that—

(i) serves as or forms part of a building’s fire exit, or

(ii) is situated in a path of travel leading to a building’s fire exit, is not interfered with, or otherwise obstructed or impeded, except with lawful excuse, and

(c) must ensure that any notice required by clause 183 to be displayed is so displayed.