Owners are Ultimately Responsible
Fire Services can be complex and the required compliance even more so.
Building Owners generally realise that they must submit a Fire Safety Statement annually to their local council and to the Commissioner of Fire & Rescue NSW.
However recent changes, introduced on 1 July 2020, and published by NSW Government Gazette number 144, have introduced new requirements.
So far, based on quite a number of queries we have been receiving, there is still a high level of confusion as to what is required, by who, and who is policing these new changes.
Below we provide some detail to assist.
What you already know!
Owner(s) of a building having a fire safety schedule are required to provide fire safety statements to both their local Council and to the Commissioner of Fire and Rescue NSW.
A fire safety statement is a document issued by or on behalf of the owner(s) of an existing building.
The statement confirms that a competent fire safety practitioner has assessed, inspected and verified the performance of each fire safety measure that applies to the building.
Under the EP&A Reg. 2000, the building owner(s) must provide the Council with either or both of the two types of Fire Safety Statements.
Annual fire safety statements
An annual fire safety statement must be issued each year and include all the essential fire safety measures that apply to a building. The statement also verifies that a competent fire safety practitioner has inspected and confirmed that the exit systems in the building are in compliance with the Regulation.
Supplementary fire safety statements
A supplementary fire safety statement is issued at more regular intervals (as specified in the fire safety schedule) for any critical fire safety measures that apply to a building.
So What’s changed?
Commencing on 1 July 2020, Fire Protection Association Australia (FPAA) have been approved as an accreditation authority under the NSW Fire Protection Accreditation Scheme (FPAS).
This new accreditation scheme has been introduced to strengthen fire safety certification for new and existing buildings, and to improve the rigour and checking in the design, approval, construction and maintenance phases of the building life cycle.
As far as changes for Fire Statements go, the building owner(s), or their agent, must:
be engaged in the fire safety statement process, as they are ultimately responsible
select an accredited practitioner (fire safety) who is accredited in Fire Safety Assessment (FSA) and appropriately qualified to undertake assessment of each fire safety measure (Part 9 Division 5 of the EP&A Reg.
ensure all fire safety measures are maintained in accordance with clause 182 of the EP&A Reg., and
declare that each fire safety measure has been assessed by an appropriately qualified accredited practitioner (fire safety), then issue the appropriate fire safety statement accordingly.
Added to these changes, building owners should be aware that there has been an update of the Annual Fire Safety Statement format.
Thats all very well and good. But how are you meant to understand how this applies??????
Perhaps we can demonstrate with some of the most common questions we are receiving about AFSS and the New Requirements……..
How do I select an accredited practitioner?
It is the owners responsibility to select an accredited practitioner.
While everyone wants a fair price to maintain essential fire services, but be aware that the lowest price usually means your not being given all that you require. And it certainly does not mean you’re getting the required capability now expected from fire contractors.
First and foremost, to find an FPAS registered and accredited Fire Contractor, head to the following website to search for the company you are considering.
https://connect.fpaa.com.au/Shared_Content/FPAS_Register/FPAS_Register_Search.aspx
If a contractor is not registered on this list, they CANNOT ENDORSE any fire measures on your AFSS.
How do I know they are accredited for each measure?
Once you have located the company you are considering choosing as fire contractor, it is up to the owner to ensure that the contractor is accredited to assess EVERY FIRE MEASURE that is listed on your building/s Fire Safety Schedule.
If your selected contractors is serious about offering the best service, they should have completed and successfully passed ALL the fire safety measures that can arise. Click the Arrow on the left side of the listing. This will show a complete list of fire safety measures the contractor is accredited to assess and endorse.
A full list of fire measures will look like the below.
If a fire measure is not listed here, the contractor CANNOT ENDORSE the measure on your AFSS.
Can I still use my HVAC or Electrical or Lift contractor?
Yes, if and only if, they are registered on the FPAS Accreditation Register.
For example, many building owners have there own electrical contractors who look after Emergency & Exit lighting fire measures, or they engage independent Mechanical or Lift contractors.
If there are Essential Fire Measures listed on the relevant Annual or Supplementary Fire Safety Statement that involve theses contractors then they MUST ALSO BE ACCREDITED to assess and endorse the measures.
While this requirement is a big point of contention for many contractors in this scenario, the expectation is clear, irrespective of their argument that it does not apply to them.
Are there special advanced levels for some measures to cover my buildings complexity?
Yes.
For some buildings, there are additional Advanced Levels that need to be attained before contractors can endorse certain fire measures. Specifically,
Automatic Fire Detection Systems (Levels 1 & 2)
Automatic Fire Suppression Systems (Levels 1 & 2)
Fire Hydrant Systems (Levels 1 & 2)
If the contractor has not attained accreditation for these Advanced Levels, and the criteria applies to your building/s then they CANNOT ENDORSE these fire measure on your AFSS.
For a complete explanation of the Limitations for these Levels, see our blog article - Owners Beware! Is your Fire Contractor an Accredited CFSP?
Are there penalties if I get this wrong?
Yes.
Submission of incorrect or late fire statements can attract penalties. While this has not really changed from the former processess, there is now a greater focus on ensuring Fire Contractors who are properly accredited to assess and endorse fire measures are being used to maintain essential fire services.
Unfortunately there are still Fire Practitioners that are endorsing fire measures that they are not accredited to sign off. As this is the building owners accountability, the ultimately responsibility lies with them, as well as any ADDITIONAL COST.
Any accredited practitioner (fire safety) who acts unethically should be reported in writing to FPAA (i.e. NSW FPAS accreditation authority). FPAA must accept complaints and take appropriate action in relation to complaints it receives about the work of persons it accredits.
Who is policing these changes?
Local Councils are the agreed regulatory authority on this matter, and consequently, may impose penalties if Fire Safety Statements are not provided in a timely manner or completed correctly. Councils are also helpful in the assisting building owners with accessing Fire Safety Scehdeules applicable for their sites or providing other informaiton that is useful in completing the required statements.
The only unfortunuate is that there is a broad variance in how and when Local Councils are applying the new changes. The inconsistency is causing confusion and undermining the purpose of the legislated changes.
It is highly recommended that Building Owners become proactive and seek greater understanding of the recent legislative changes to Competent Fire Practitioners and how it impacts them individually.
Can my fire contractor sign and submit my Fire Statement?
No.
While many building owners have their selected Fire Contractor complete the details on Fire Statement templates in advance, the person issuing the fire safety statement MUST NOT be an accredited practitioner (fire safety).
The building owner(s) or owner(s) agent ARE THE ONLY PARTIES that can issue the fire safety statement, and should not have been involved in any way, with the assessment of any of the Essential Fire Measures listed on the Fire Safety Schedule within.
To be able to provide the most sound advise for stakeholders involved with Fire Safety, Extreme Fire Solutions continues to explore, investigate and confirm expectations around legislative directives, to ensure effective compliance and correct application of service.
We hope this has helped. Please feel free to make a comment or ask a question.
Or if you feel you need further infomation or clarification regarding your commitments to Essential Fire Measures and Fire Safety Statements, please call Extreme Fire Solutions on 1300 88 59 52.