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Our 43 lot, 5 story building built in 2002, has never had an annual fire safety statement. Here is the strata managers reasoning:
“An Annual Fire Safety Statement is completed each year by buildings that have essential fire safety measures. Essential Fire Safety Measures are those listed in a fire safety schedule or those other deemed as essential services under the various local government regulations/ordinances dependant on when the building was approved. Any fire safety schedule applicable is maintained by Council. It is further noted that the principle certifying authority for the development was Department of Planning NSW, not Council.
At this point in time our office is not aware of any such fire safety schedule being maintained by Council. We liaise with council and are used to the reporting requirements dealing with the Annual Fire Safety Statement documentation that a number of buildings receive on an annual basis. We manage a large number of buildings that similarly do not receive Annual Fire Safety Statement documentation from Council with respect to their fire safety schedule.”
QUESTION: Is the OC of our strata plan required to submit an annual fre safety statement?
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FROM :https://www.nswfb.nsw.gov.au/page.php?id=191
Under the provisions of the Environmental Planning and Assessment Regulation 2000 (EP & A Reg.), owners of buildings have a legal obligation to supply the Commissioner of the NSW Fire Brigades with a copy of any Fire Safety Certificate (PDF, 980KB) and Fire Safety Statement (PDF, 991KB) listing the fire safety measures applicable to their building.
A copy of the Fire Safety Certificate and Fire Safety Statement are to be supplied as soon as practicable after being issued to the owner.
The Fire Safety Certificate may be either Final or Interim, both of which are to be supplied as applicable.
The Fire Safety Statement may be either Annual or Supplementary, both of which are to be supplied as applicable.
Together with copies of certificates and statements, owners must also supply the Commissioner with a copy of the current Fire Safety Schedule issued to the owner by the consent authority specifying the fire safety measures that should be implemented in the building premises.
A copy of the Fire Safety Certificate and Fire Safety Statement together with a copy of the current fire safety schedule must be prominently displayed in the building.
The owner of a building, to which an essential fire safety measure is applicable by virtue of a fire safety schedule, must not fail to maintain each essential fire safety measure in the building premises.
The Commissioner (NSW Fire Brigades) has an obligation under the E P & A Reg. to accept copies of completed Certificates and Statements together with copies of current Fire Safety Schedules.
For more information contact the Structural Fire Safety Unit on
02 9742 7400
Hi Jeremy
The relevant provisions of the Environmental Planning and Assessment Regulation 2000 are:
“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 a properly qualified person 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 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.
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 council 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.”
Please note that annual fire safety statement addresses the assessment and inspection of an essential fire safety measure.
Chris KerinSenior Lawyer
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