Fire Safety Information (Buildings)Fire Safety Information (Buildings) | Maintenance of fire safety measures | Miscellaneous fire safety offences | Frequently asked questions | New buildings and 'change of use'
The following information is important for all property owners, property managers, proprietors and businesses who lease, own or manage premises that fall into the building category types such as commercial, retail, industrial, public assembly, nursing homes, B&B’s, hostels, hotels and the like. The information sets out the legal obligations of property owners/managers in respect of fire safety issues. If your building type, or the building you are leasing, tenanting or managing is identified below as a building that requires specific fire safety measures, the owner or owner’s agent must ensure that the correct fire safety measures are in place and that an Annual Fire Safety Statement (AFSS) is submitted each year to Council.Strict penalty may apply where Annual Fire Safety Statements are not submitted to Council.
Types of Buildings that require an AFSS
What is an Annual Fire Safety Statement (AFSS)?
Under the provisions of Section 177 of the Environmental Planning & Assessment Regulation 2000, the owner of a building that is classified as 1b, or 2 to 9 under the Building Code of Australia (BCA) that requires essential fire safety measures, must submit an AFSS to the local Council and the Commissioner for Fire & Rescue NSW on an annual basis, as well as prominently display the AFSS within the building.
An AFSS is issued by or on behalf of the building owner, and declares that all essential fire safety measures (refer Table 1) on the premises have been maintained to the appropriate standards and that exit paths allow for safe passage through the building in the event of fire.
The AFSS must be submitted to Council within 12 months after the date on which an AFSS was previously given, and a copy electronically forwarded to the Commissioner for Fire & Rescue NSW. email@example.com
If you are not sure about your building’s classification under the Building Code of Australia (BCA), you should contact Council to determine if you need to submit an Annual Fire Safety Statement. Council’s Duty Building Surveyor is available 8.30am -12.30pm each business day on 02 4934 9700.
What if I do not submit an AFSS?
Under the provisions of section 177 of the Environmental Planning & Assessment Regulation 2000, failure to give an AFSS to Council within the time frame described constitutes a separate offence for each week beyond the expiry of that time for which the failure continues.
The legislation specifies the following penalties: (Schedule 5, Environmental Planning & Assessment Regulation 2000)
- $500 for the offence of failing to give an AFSS that occurs during the first week after the time for giving the statement expires.
- $1,000 for the offence of failing to give an AFSS that occurs during the second week after the time for giving the statement expires.
- $1,500 for the offence of failing to give an annual fire safety statement that occurs during the third week after the time for giving the statement expires.
- $2,000 for the offence of failing to give an annual fire safety statement that occurs during the fourth or any subsequent week after the time for giving the statement expires.
What does the AFSS need to include?
Clause 181 of the Environmental Planning & Assessment Regulation 2000 states:
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 (for an annual statement), or
- 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 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.
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.
Fire Safety Statement.pdf