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You are here: Home / Maintenance & Common Property / Common Property NSW / NSW: Changes in Legislation to Annual Fire Safety Statements

NSW: Changes in Legislation to Annual Fire Safety Statements

Published May 22, 2018 By The LookUpStrata Team 16 Comments Last Updated December 11, 2020

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This article discusses an overview of the changes to the NSW Annual Fire Safety Statements.

According to Strata Community Association (NSW) the definition of Annual Fire Safety Statements (AFSS) is:

  • Annual Fire Safety Statements registered each year with local council confirming the fire safety measures in place. A motion to deal with the status of the AFSS is required on the AGM.

Changes in Legislation to Annual Fire Safety Statements

Annual Fire Safety Statements are required to be submitted to your Local Council and Fire and Rescue NSW (FRNSW) each year outlining all Statutory Fire Safety Measures in the building comply with the relevant standard. This requirement is outlined in Part 9 of the Environmental Planning and Assessment Regulation (EP&A Regs) 2000.

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Back in July 2017, the NSW Government announced a series of building regulatory reforms, largely in respect to fire safety, which came into effect on 1 October 2017. These reforms affect the Annual Fire Safety Statement NSW process and some changes may be required.

Changes affecting Building Owners and their Managing Agents

Fire safety is the primary focus of these reforms. The key changes that will impact Building Owners and the Managing Agents are:

  • The introduction to ‘competent fire safety practitioner’ (CFSP) and the eventual requirement for CFSPs to be accredited, and a plan to recognise existing industry and government schemes that can accredit individuals; and
  • A new template for Fire Safety Statements.

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Competent Fire Safety Practitioners

Previously, the requirements to undertake inspections were by a ‘properly qualified person’, which wasn’t defined, meaning the inspector didn’t need to have any qualification or be licensed. The legislation has now changed and as of the 1st October 2017, assessments and inspections must be undertaken by a ‘competent fire safety practitioner’ in lieu of ‘properly qualified person’.

As with the introduction of new laws, there needs to be some time for the industry to adjust. Currently, there is only one option available for inspectors to become competent until the industry can provide suitable industry schemes (e.g. approved training courses). Until that time, it is the responsibility of the Building Owners to determine the competence of the inspectors.

The NSW Government has prepared a guide to assist Building Owners to determine competence. The steps are:

  1. Identify tasks that the fire safety practitioner will need to perform.
  2. Consider the fire safety practitioner’s competence to perform those tasks, including knowledge, skills, and experience.
  3. Establish and record an opinion of the practitioner’s competence.

Step 1 – Identify Tasks

Before considering the competence of a practitioner, owners should identify which kinds of tasks need to be performed.

  • Assess essential fire safety measures;
  • Inspect the building for exit system compliance breaches – fire safety notices, obstructed exits or paths of travel, faulty door mechanisms; and
  • Assess fire safety alternate solutions – this will likely require specialist expertise to assess whether the fire safety measure can still perform to the standard expected.

Step 2 – Consider Competence

Once the tasks have been identified and described, the next step is for the building owner to consider the practitioner’s competence, including whether they have sufficient knowledge, skills, and experience.

: Fire safety practitioners should provide adequate documentation to building owners, detailing evidence of knowledge, skills, and experience.

Step 3 – Establish and Record Opinion

Based on the assessment of a practitioner’s knowledge, skills, and experience, the final step is to determine whether the person is a competent fire safety practitioner for the tasks required.

There is a new provision in the Regulation requiring that the building owner record in writing that in their opinion the person or persons selected are competent to perform the fire safety assessments and inspection.

New Annual Fire Safety Statements NSW Template

The main changes relating to the new Annual Fire Safety Statements template are Section 6 and Section 9, which require the details of each of the CFSP’s and the requirement for the Building Owner to sign the document, respectfully.

Section 6

The new Annual Fire Safety Statements template now requires the details of all practitioners that inspected the building to be listed.

Annual Fire Safety Statements NSW

Section 9

The new AFSS template requires the Building Owner to sign the document. This means that no longer can the Strata Manager rely on the maintenance contractor to sign off on behalf of the Building Owner.

Annual Fire Safety Statements NSW 1

How Can We Help?

Project Guides can assist in the following areas:

  • Determining competence of maintenance contractors;
  • Inspections and certification of passive works and paths of travel;
  • Contract preparation and review;
  • Management of Contractors;
  • Review condition reports and quotes;
  • Inspecting works on site; and
  • Signing and issuing the AFSS’s.

For assistance with your Annual Fire Safety Statements NSW and to ensure we follow the statutory requirements, please contact Project Guides.

Vincent Graham
Project Guides
E: [email protected]
P: 0476 233 109

This post appears in Strata News #192

Question: Can NSW providers rescind an Annual Fire Safety Statements for non payment of invoices? If so, how is it legally done?

Answer: We are not aware of how a document like this can be rescinded.

We are not aware of how a document like this can be rescinded as the Annual Fire Safety Statements is completed as part of a regulatory process, and should have been provided to Council. At that point, the Council, and those using the building are relying upon it. In our view, it becomes an AFSS for the purposes of the Regulations.

Leanne Habib
Premium Strata
E: [email protected]
P: 02 9281 6440

This post appears in Strata News #275.

Have a question or something to add to the article? Leave a comment below.

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Read next:

  • Managing the Cladding Crisis: aluminium composite panel (ACP)
  • NSW: Q&A Are our fire safety inspections too frequent?
  • NSW: Fire safety reforms enforceable from April 2020

Visit our Maintenance and Common Property OR NSW Strata Legislation pages.

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Comments

  1. AvatarLorraine Negra says

    July 29, 2020 at 10:01 am

    We have been with the same Fire company since our apartments were built 16 years ago.
    We are paying an excessive amount to our fire company inspection
    I am site manager of our building and also an owner on the committee
    We have two fire debtors in all apartments one is a heat & smoke detectors wired to our fire system panel the other is a smoke debtor installed and paid for by owners. The owners smoke detectors have just been replaced by all owners.
    QUESTION: I was aware that the Heat/Smoke detectors need to be check for fire safety.
    But now our fire safety inspection has been insisted on inspection our apartments owners smoke detectors
    I questioned what this was now happening as these are owned by owners.

    Reply
    • Liza Admin Liza Admin says

      August 3, 2020 at 12:38 pm

      Hi Lorraine

      Chris Chatham, Linkfire has responded to your question on this article: NSW: Q&A Smoke Alarms in Strata Units

      Reply
  2. AvatarLiz Langmead says

    June 11, 2020 at 3:07 pm

    I read your article re Fire Safety Inspections, a lot of contradictions. However my question re inspections being annual…we have had 2 each year. One for interiors of units & the second for the foyers & exterior area. I have requested of the Strata Managers to unite them into one only insoection as we get charged for each. Since they are both deemed annuals, I cannot see a problem. I have not had a reply yet. I have also asked for a quote and perhaps from a second contractor. In your opinion does this sound sensible ?

    Reply
    • Liza Admin Liza Admin says

      June 18, 2020 at 10:39 am

      Hi Liz

      The following response has been provided by Vincent Graham, Project Guides:

      You are required to undertake all inspections within 90 days of the AFSS due date. This typically means there is 1 inspection each year. Your building would not be able to undertake two inspections, 6 months apart, for the AFSS.

      I would recommend reviewing the Contractors scope and amend so that all inspections fall within 90 days of the AFSS.

      Reply
  3. AvatarJeff Cassar says

    April 24, 2020 at 12:12 pm

    Hi everyone

    Question what is required when drilling through a brick wall to connect NBN If the wall is fire retarded also a apartment block is their any issues.

    Reply
    • Liza Admin Liza Admin says

      April 28, 2020 at 11:06 am

      Hi Jeff

      The following response has been provided by Vincent Graham, Project Guides:

      If you are drilling through a fire rated element, you must seal any services passing through in accordance with Clause C3.15 of the BCA. In the case of NBN, a fire rated mastic seal should be sufficient, but you will need to confirm with the manufacturer if they have tested it to the NBN cable (an example is FireMastic HPE from BOSS). I would recommend having a passive contractor complete the works to ensure it is done correctly.

      Reply
  4. AvatarRosemary Barrass says

    May 13, 2019 at 6:47 am

    Ok thank you. Are owners allowed to view the results.

    Reply
  5. AvatarProject Guides Pty Ltd says

    May 13, 2019 at 6:19 am

    Hi Rosemary,

    This will involve looking at the whole building, so best to go through your Strata Manager.

    Reply
  6. AvatarRosemary Barrass says

    May 12, 2019 at 9:36 am

    Thanks Vincent, will I have to go through the sc members or to our strata manager. They will go off at me as say I’m not a sc member, even though I’m am an owner and I have concerns re our 2 units.

    Reply
  7. AvatarVincent Graham says

    May 11, 2019 at 10:01 am

    Hi Rosemary,

    If you want to make sure the building is safe, why not have a Consultant prepare a Fire Safety Schedule. You can contact me if you want to know more about this.

    Cheers

    Vince

    Reply
  8. AvatarRosemary barrass says

    May 10, 2019 at 12:17 pm

    We own a strata unit and it is the only free standing building with only 1 other unit under us which is also ours.
    The upstairs unit only has 1 door in and out. It concerns me greatly if a fire was to happen.
    We have previously mentioned it to our original developers and then to our strata manager and to the sc. But none seem to care not be bothered.
    I feel an fire exit door should have been put in the back of the unit.
    We do have a security screen door on our one only front door. We don’t life there due to this fear of been trapped.
    What can be done or said.
    They ignore us non rental owners.

    Reply
  9. AvatarVincent Graham says

    May 8, 2019 at 3:17 pm

    Hi Joseph,

    Not only could you be getting over charged but the maintenance contractor may be carrying out your inspections a bit later than normal (you can start your inspections 90 days before the AFSS due date). They then hold the AFSS certificate on ransom until you have signed their Work Order’s (happens all the time).

    Best thing to do is get your maintenance contractor to start their inspections 90 days before the date of the AFSS. AS1851 (the maintenance standard) outlines specific times for reporting (approximately 1-2 weeks). If you get the reports and have 10 weeks to complete the works, this should give you enough time to arrange other quotes.

    Hope this helps.

    Reply
  10. AvatarJOSEPH P HOGAN says

    May 8, 2019 at 9:00 am

    very good article, my concern is that the inspection agent also generally does the work, I would like to separate the two functions to avoid overcharging by doing work not necessarily required

    Reply
  11. AvatarJosef Stadler says

    October 19, 2018 at 6:19 pm

    Thanks Vincent

    Yes I have been signing off on the statement as a member of the committee

    Reply
  12. AvatarVincent Graham says

    October 19, 2018 at 11:57 am

    Hi Josef,

    Good question. Technically the Strata Manager is not the Owner and therefore shouldn’t be signing the certificate. However, I don’t know of any Council’s that would reject an AFSS based on a Strata Manager signing it.

    An ‘Owner’ of a strata building would be any of the many owners. If an Owner is signing off, follow the above steps and you shouldn’t have a problem.

    My details are below if you have further issues with this.

    Reply
  13. AvatarJosef Stadler says

    October 17, 2018 at 9:45 am

    Can you please advise as to who is the “Owner” of a strata building. Our strata manager refuses to sign this document

    Reply

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