Fire safety and matters concerning the Building Code of Australia from the EP&A Part 10 to 14

Part 10 Fire safety—the Act, s 10.13(1)(d)

77 Application of Part

This Part applies to all buildings, other than—

(a) a class 1a or 10 building, or

(b) a temporary structure.

78 Fire safety schedules (Old Clause 168)

(1) This section applies to a person who—

(a) grants a development consent for a change of building use, other than by a complying development certificate, if building work is not—

(i) proposed by the applicant for the consent, or

(ii) required by the consent authority, or

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

(d) gives a fire safety order in relation to premises.

(2) A person must—

(a) issue a schedule (a fire safety schedule) containing the matters specified in section 79, and

(b) ensure the requirements of this section relating to the fire safety schedule are complied with.

Maximum penalty (subsection (2))—

(a) for a corporation—300 penalty units, or

(b) for an individual—150 penalty units.

(3) For a fire safety order in relation to which a further order is made under the Act, Schedule 5, clause 1, the fire safety schedule must be issued when the further order is made.

(4) A fire safety schedule is not required to be issued if—

(a) the work for which a complying development certificate or construction certificate will 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 the pumpset, and

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

and

(i) install mains pressure reduction capability, or

(ii) implement mains pressure reduction.

(5) A copy of the fire safety schedule must be attached to the relevant development consent, construction certificate or fire safety order.

(6) The attached fire safety schedule is taken to form part of the development consent, construction certificate or fire safety order.

(7) An earlier fire safety schedule is superseded by a later fire safety schedule and ceases to have effect when the later fire safety schedule is issued.

79 Content of fire safety schedules (Old Clause 168)

(1) A fire safety schedule must specify the current and proposed fire safety measures that must be implemented for the building, including statutory fire safety measures and other fire measures.

(2) A fire safety schedule must deal with the whole of the building and not only the part of the building to which the development consent, construction certificate or fire safety order relates.

(3) A fire safety schedule must—

(a) specify and distinguish between the statutory fire safety measures that are—

(i) currently implemented for the building, and

(ii) proposed or required to be implemented for the building, and

(b) specify each critical fire safety measure and the intervals, of less than 12 months, at which a supplementary fire safety statement must be given to the council for each measure, and

(4) In this section—

statutory fire safety measures means the measures specified in the following Table—

Table

Access panels, doors and hoppers to fireresisting
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

80 Providing fire safety schedules and fire safety certificates after fire safety order is given (Old Clause 169)

(1) As soon as practicable after giving a fire safety order in relation to a building, the person who gives the order must give a copy of the fire safety schedule for the building to—

(a) the council, and

(b) the Fire Commissioner.

(2) A person to whom a fire safety order is given in relation to a building must, within the time specified in the order, give a copy of the final fire safety certificate for the building to—

(a) the person who gave the fire safety order, and

(b) if the person who gave the fire safety order was not the council—the council.

Maximum penalty (subsection (2))—

(a) for a corporation—600 penalty units, or

(b) for an individual—300 penalty units.

(3) The final fire safety certificate must be issued after the requirements of the fire safety order have

been complied with.

81 Essential fire safety measures to be maintained (Old Clause 182)

(1) The owner of a building must maintain each essential fire safety measure for the building—

(a) for an essential fire safety measure specified in a fire safety schedule—to a standard no less than that specified in the schedule, or

(b) for an essential fire safety measure applicable to the building but not specified in the fire safety schedule (an original measure)—to a standard no less than that to which the measure was originally designed and implemented.

Note— Some pre-1997 buildings may not have a fire safety schedule but essential fire safety measures still apply.

Maximum penalty (subsection (1))—

(a) for a corporation—600 penalty units, or

(b) for an individual—300 penalty units.

(2) The owner of a building to which an original measure applies may request from the council a schedule of the original measures for the building.

(3) The council must provide the schedule to the owner as soon as practicable after receiving the request.

Part 11 Fire safety certificates—the Act, s 10.13(1)(d)

82 Application of Part

This Part applies to all buildings, other than—

(a) a class 1a or 10 building, or

(b) a temporary structure.

83 Final fire safety certificates and interim fire safety certificates (Old Clause 170 & 173)

(1) A final fire safety certificate means a certificate that—

(a) is issued for the whole of a building by or on behalf of the owner of the building, and

(b) certifies that each essential fire safety measure specified in the current fire safety schedule for the whole building has been assessed by a properly qualified person as capable of performing to at least the standard required by the current fire safety schedule.

(2) An interim fire safety certificate means a certificate that—

(a) is issued for part of a building by or on behalf of the owner of the building, and

(b) certifies that each essential fire safety measure specified in the current fire safety schedule for the part of the building has been assessed by a properly qualified person as capable of performing to at least the standard required by the current fire safety schedule.

84 Issue of fire safety certificates (Old Clause 171)

(1) A person must not issue a fire safety certificate unless the assessment by a properly qualified person required for the certificate has been carried out within the previous 3 months.

(2) The owner of the building may choose a person to carry out the assessment.

(3) The person who carries out the assessment must—

(a) inspect and verify the performance of each essential fire safety measure being assessed, and

(b) test the operation of equipment that—

(i) is specified in the current fire safety schedule for the building, and

(ii) has not previously been tested in an assessment because it is newly installed.

(4) A fire safety certificate is not required to address an essential fire safety measure if—

(a) the certificate is issued in relation to work that has been authorised or required by a development consent, construction certificate or fire safety order, and

(b) the measure is addressed in another fire safety certificate or fire safety statement issued within the previous 6 months.

(5) Subsection (4) does not apply if the person who issued the development consent, construction certificate or fire safety order determines it should not apply.

(6) A person may make a determination under subsection (5) only if the person—

(a) considers that the essential fire safety measure will be affected by the work, and

(b) has specified in the fire safety schedule attached to the development consent, construction certificate or fire safety order that the fire safety certificate issued in relation to the work must address the essential fire safety measure.

Maximum penalty (subsections (1) and (3))—

(a) for a corporation—300 penalty units, or

(b) for an individual—150 penalty units.

85 Fire safety certificate to be given to Fire Commissioner and displayed in building (Old Clause 172)

(1) As soon as practicable after a fire safety certificate is issued for a building, the owner of the building must—

(a) give a copy of the certificate and a copy of the current fire safety schedule to the Fire Commissioner, and

(b) ensure a copy of the certificate and a copy of the current fire safety schedule are prominently displayed in the building.

Maximum penalty (subsection (1)(b))—

(a) for a corporation—300 penalty units, or

(b) for an individual—150 penalty units.

(2) Subsection (1)(b) ceases to apply to a fire safety certificate only when each essential fire safety measure listed in the certificate has become the subject of a later fire safety certificate or fire safety statement.

86 Information to be included in fire safety certificates (Old Clause 174)

(1) A person must not issue a fire safety certificate for a building or part of a building unless the certificate—

(a) is in the approved form, and

(b) contains the following information—

(i) the name and address of the owner of the building,

(ii) a description of the building, including the address,

(iii) a list of each essential fire safety measure in the building and the minimum standard of performance specified in the relevant fire safety schedule for each measure,

(iv) the date on which the essential fire safety measures were assessed,

(v) whether the certificate is a final or interim fire safety certificate,

(vi) a statement to the effect referred to in section 83(1)(b) for a final fire safety certificate or section 83(2)(b) for an interim fire safety certificate,

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

(2) Subsection (1)(b)(iii) and (iv) applies only to the essential fire safety measures required to be addressed in the fire safety certificate.

(3) A person must not issue a fire safety certificate for a building or part of a building unless the certificate is accompanied by a fire safety schedule for the building or part of the building.

Maximum penalty (subsections (1) and (3))—

(a) for a corporation—300 penalty units, or

(b) for an individual—150 penalty units.

Part 12 Fire safety statements—the Act, s 10.13(1)(d)

87 Application of Part

This Part applies to all buildings, other than—

(a) a class 1a or 10 building, or

(b) a temporary structure.

88 Annual fire safety statement (Old Clause 175 & 176)

(1) 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) as capable of performing—

(i) for an essential fire safety measure specified in the fire safety schedule—to a standard no less than that specified in the schedule, or

(ii) 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

(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 grounds for a prosecution under Part 15.

(2) A person must not issue an annual fire safety statement unless the assessment and inspection have been carried out within the previous 3 months.

(3) The owner of the building may choose a person to carry out the assessment or inspection.

(4) The person who carries out the assessment referred to in subsection (1)(a) must inspect and verify the performance of each essential fire safety measure being assessed.

Maximum penalty (subsection (4))—

(a) for a corporation—300 penalty units, or

(b) for an individual—150 penalty units.

89 Duties of building owners in relation to annual fire safety statements (Old Clause 177)

(1) The owner of a building to which an essential fire safety measure applies must give the council an annual fire safety statement for the building.

Maximum penalty (subsection (1))—

(a) for a corporation—800 penalty units, or

(b) for an individual—400 penalty units.

(2) The owner must give the annual fire safety statement to the council within the later of—

(a) 12 months after an annual fire safety statement was previously given to the council, or

(b) if a fire safety certificate has been issued within the previous 12 months—12 months after the certificate was issued.

(3) Failure to give an annual fire safety statement to the council within the time required by subsection (2) is a separate offence for each week that the failure continues after the expiry of the required time.

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

(a) give a copy of the statement and a copy of the current fire safety schedule to the Fire Commissioner, and

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

Maximum penalty (subsection (4)(b))—55 penalty units.

(5) Subsection (4)(b) ceases to apply to an annual fire safety statement only when each essential fire safety measure specified in the statement has become the subject of a later fire safety certificate or fire safety statement.

(6) A requirement in this section to give a fire safety statement to a council is a requirement to give the statement to the Minister, if the statement relates to premises in a ski resort area to which State Environmental Planning Policy (Kosciuszko National Park—Alpine Resorts) 2007 applies.

90 Supplementary fire safety statement (Old Clause 178 & 179)

(1) 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.

(2) The owner must not issue a supplementary fire safety statement unless the assessment has been carried out within the previous month.

(3) The owner may choose a person to carry out the assessment.

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

Maximum penalty (subsection (4))—

(a) for a corporation—300 penalty units, or

(b) for an individual—150 penalty units.

91 Duties of building owners in relation to supplementary fire safety statements (Old Clause 180)

(1) If a critical fire safety measure is specified in the fire safety schedule for a building, the owner of the building must ensure the council is given a supplementary fire safety statement for the measure in accordance with this section.

Maximum penalty (subsection (1))—

(a) for a corporation—800 penalty units, or

(b) for an individual—400 penalty units.

(2) A supplementary fire safety statement must be provided at the intervals, of less than 12 months, specified for the measure in the current fire safety schedule for the building.

(3) Failure to provide the statement within the time specified is a separate offence for each week that the failure continues after the expiry of the specified time.

(4) As soon as practicable after issuing a supplementary fire safety statement, the owner of the building must—

(a) give a copy of the statement and a copy of the current fire safety schedule to the Fire Commissioner, and

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

Maximum penalty (subsection (4)(b))—55 penalty units.

(5) Subsection (4)(b) ceases to apply to a supplementary fire safety statement only when each critical fire safety measure specified in the statement has become the subject of a later fire safety certificate or fire safety statement.

92 Information to be included in fire safety statements (Old Clause 181)

(1) A person must not issue an annual or supplementary fire safety statement for a building unless the statement—

(a) is in the approved form, and

(b) contains the following information—

(i) the name and address of the owner of the building,

(ii) a description of the building, including the address,

(iii) for an annual fire safety statement—a list of each essential fire safety measure for the building and the minimum standard of performance for each measure,

(iv) for a supplementary fire safety statement—a list of each critical fire safety measure for the building and the minimum standard of performance specified in the relevant fire safety schedule for each measure,

(v) the date on which the essential and critical fire safety measures were assessed,

(vi) the date on which the building was inspected,

(vii) whether the statement is an annual or supplementary statement,

(viii) a statement to the effect referred to in section 88(1) for an annual statement or section

90(1) for a supplementary statement,

(ix) the date on which the statement is issued,

(x) the name, address and telephone number of the person who issued the statement,

(xi) the name, address and telephone number of the accredited practitioner (fire safety) who assessed the fire safety measures for the statement.

(2) A person must not issue a fire safety statement for a building unless the statement is accompanied by a fire safety schedule for the building.

Maximum penalty (subsections (1) and (2))—

(a) for a corporation—300 penalty units, or

(b) for an individual—150 penalty units.

EPA-Development-Certification-and-Fire-new-clause-references