Fire Safety
Fire Safety Legislative Changes
Please note that as of the 1 December 2017 all AFSS must be submitted to Council on the standard template. A building owner's legislative obligations to submit AFSSs (under cl177 of the Environmental Planning & Assessment Regulation 2000) is outlined below:
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.
The relevant penalty is:
|
(a) for the offence of failing to give an annual fire safety statement that occurs during the first week after the time for giving the statement expires |
$1,000 |
|
(b) for the offence of failing to give an annual fire safety statement that occurs during the second week after the time for giving the statement expires |
$2,000 |
|
(c) 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 |
$3,000 |
|
(d) 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 |
$4,000 |
