Owners Beware! Is your Fire Contractor an Accredited CFSP?
Amongst last weeks phone calls, Extreme Fire Solutions received 3 calls of particular interest that we felt we should share, given the recent legislative changes to Competent Fire Safety Practitioners.
Of course, any names and locations have been omitted.
The first call…..
Received a call from an ex-client that was looking for some advice. This ex-client has multiple multi-storey residential-style buildings across metropolitan Sydney, and therefore a significant investment in the compliance of Fire Safety Systems to protect its occupants.
While they were aware that there were legislative changes to the rules regarding Competent Fire Safety Practitioners, they were not aware of the specific details. Especially those requirements that their fire contractors are obligated to have completed before 1 July 2020
These are some of the important clarifications that they ask us to answer:-
Does the CFSP need to be onsite for Annual Testing?
What are the requirements that CFSPs now require to be able to endorse Essential Fire Safety Measures?
How can they check if their contractor has completed the necessary accreditations?
While Extreme Fire Solutions was able to provide the necessary guidance, these questions clearly indicated that our former client had not been properly informed, nor advised, as to the necessary requirements that fire contractors MUST HAVE attained to properly endorse fire safety measures across their complex sites.
It also highlights the lack of understanding, by fire contractors, to these recent CFSP changes and the requirements they need to have attained. On review of the FPAS website, this particular contractor not only lacked accreditation for many fire measures, but they also lacked the necessary Advanced Levels of fire measures to endorse these sites.
The second call…
As the nominated installer for a tenancy modification at a prominent Class 6 retail centre, Extreme Fire Solutions identified that the CDC design was actually flawed. Even though the Designer had attained Advanced L3 - Fire Detection and Alarm System Design as well as Sprinklers/Hydrant Systems.
Amongst other issues, smoke detectors had been placed in Cold Rooms. This error in design would more than likely resulted in numerous ‘false alarms’ at the tenant’s cost.
We received a call from the architect, that complained the works were building held up by our observation and request that the design be amended. The architect was not interested at all about the design flaw, nor the potential cost to their tenant, and told us to simply modify the design. Of course, we explained as best possible, that we cannot as we did not do the original design, which had already been endorsed by a PCA. The architect focus, however, was clearly on achieving handover and not the provision of the best solutions for their client.
On then speaking directly with the designer, we were asked what Fire Measures were listed on the sites AFSS. Information that surely, would have been required prior to the commencement of such a design.
This call identified that even though there are several parties involved, that any client would hope would be acting in their interest, the actual due diligence, checking and prioritisation to quality is not being performed.
The architect seemed solely focussed on delivering handover, the Fire Designer had not obtained the necessary initial information, nor applied correct design as his accreditation indicated he could, and the PCA had endorsed the flawed design.
So if "the NSW Government has enforced regulatory changes that look to strengthen the state's building regulation and certification industry by improving the quality of checks made, shorten certification times, while upholding life safety” who is actually checking the design and the actual competency of the designer?
Perhaps in the haste to have more fire designers/contractors accredited and registered, actual competency and accountability are not being realised.
The third call…
We received a call from a Builder Owner’s Agent, who had been engaged to compile and submit the Annual Fire Safety Statement on behalf of their client. From the outset, it was apparent that this Agent had a clear understanding of the recent changes of rules for CFSPs.
Referring to a particular site, he explained to us that the current fire contractor, that the Building Owner had selected, had limited fire measure assessment accreditation. i.e. they only were accredited for a few fire measures.
Even this being the case, the fire contractor was still endorsing all other fire measures listed on the AFSS Fire Safety Schedule, even though they had not obtained the necessary accreditation.
These actions had resulted in the Agent rejecting the annual assessments and reports performed by the fire contractor. An act that not only meant that the owner had to pay for another assessment using an alternative fully accredited fire contractor but delaying the submission of the AFSS to their local council, resulting in a late penalty.
This case highlights that not all fire contractors have moved to achieve full accreditation of all essential fire measures, and even worse, they do not understand (or have chosen to ignore), the impacts this has on their clients.
THE OWNERS BURDEN
While the NSW Government has enforced regulatory changes that look to strengthen the state's building regulation and certification industry by improving the quality of checks made, shorten certification times, while upholding life safety, the major accountability of selecting an accredited Competent Fire Safety Practitioner falls squarely on the shoulders.
To avoid delays in submitted compliant AFSS, the inconvenience of the having to change fire contractors at short notice and any additional costs or penalties for non-compliance, Building Owners, and any of there agent or representative MUST understand what is required.
LET’S RECAP
If you are not aware of the changes, from the beginning of July, here’s a recap.
The legislation for Competent Fire Safety Practitioners (CFSP) changed on 1 July 2020 and has been gazetted.
Essentially, the person(s) responsible for your fire protection system & equipment assessments are required to be accredited and registered on the FPAS Fire Safety Assessment Accredited Practitioner Register.
They are required to be accredited to assess for each Essential Fire Safety Measure (EFSM), they are contracted to test, as detailed on your buildings fire safety schedule.
You can check if your fire contractor has the required accreditation by visiting the following link. The FPAS register has a drop-down function listing FSMs that each CFSP can endorse - https://connect.fpaa.com.au/FireSafetyAssessor.
DOES THIS AFFECT BUILDING OWNERS
Sure does!
Without FPAS accreditation for each Essential Fire Safety Measure, your contractor cannot:-
complete annual assessments of essential fire safety measures;
complete the annual inspection of fire exits and paths of travel to fire; or
endorse the measures as a CFSP.
and therefore your Annual Fire Safety Statement (AFSS) submission could potentially be delayed, risking further action by your local council, including financial penalties.
IMPORTANT NOTE:
If you use your own or separate contractors to complete testing for some measures, for example, Mechanical Services Systems and/or Emergency & Exit Lighting, these persons MUST ALSO BE accredited to assess these measures and listed on the FPAS Register!!!!!!
WHAT ELSE SHOULD YOU KNOW
Further to this, what you may not have realised, is that some essential fire safety measures, require additional accreditation as there are Advanced Levels of Assessment that apply.
If your fire contractor is not successfully accredited with these Advanced Levels, then again, they will not be able to endorse the measures as a CFSP, which may result in additional costs and/or penalties.
So here’s what you need to know.
FIRE SAFETY ASSESSMENT ACCREDITATION LEVELS & RESTRICTIONS
The Fire Safety Assessment (FSA) class of accreditation under the FPAS Scheme accredits practitioners as individuals to act as a CFSP to undertake an assessment of existing Fire Safety Measures (for the purpose of informing an Annual or Supplementary Fire Safety Statement) under Part 9 Division 5 and 7 of the Environmental Planning and Assessment Regulation 2000.
To reflect the levels of complexity that some equipment and systems can present, two levels of accreditation are available for three specific fire safety measures:
Automatic fire suppression systems (sprinklers);
Fire hydrant systems; and
Automatic fire detection and alarm systems.
For each fire safety measure, practitioners can select the appropriate level of work that best suits their individual needs and circumstances. Each level specifies the system types, configurations and the nature of work a practitioner at that level is accredited to undertake Fire Safety Assessment on, as well as any conditions that relate to the defined level.
For each fire safety system covered by the FPAS Scheme, Accredited Practitioners are only accredited to undertake the work applicable to the level for which they hold accreditation. Undertaking non-accredited work could be assessed as being a breach of the Code of Professional Conduct, particularly where such work is governed by legislation and this may result in a practitioner’s accreditation being suspended or cancelled.
The below defines the Fire Safety Assessment work that a practitioner is accredited to undertake for the FSM outlined and the available level of accreditation within the Fire Safety Assessment class of accreditation.
Automatic Fire Suppression Systems (Sprinklers) - Fire Safety Assessment
Level 2 (Advanced)
Practitioners at this level are accredited to undertake Fire Safety Assessment of any automatic fire suppression system (sprinklers) subject to specific conditions.
2.1. Accredited to undertake Fire Safety Assessment of any Automatic Fire Suppression System other than a combined sprinkler and hydrant systems unless:
2.1.1 the practitioner also holds Level 1 (Basic) Fire Hydrant Systems ‐ Fire Safety Assessment accreditation in order to undertake Fire Safety Assessment of combined sprinkler and hydrant systems.
Level 1 (Basic)
Practitioners at this level are accredited to undertake Fire Safety Assessment of a restricted range of automatic fire suppression systems that include less complex hydraulic or hazard protection considerations.
1.1. Accredited to undertake Fire Safety Assessment of automatic fire suppression systems, excluding:
1.1.1. Systems that include multiple pressure zones
1.1.2. Combined sprinkler and hydrant systems
1.1.3. High hazard sprinkler systems, including those that protect:
1.1.3.1. high hazard process risks
1.1.3.2. high hazard storage risks
1.1.3.3. special commodities
1.1.3.4. flammable and combustible liquids or other dangerous goods.
Fire Hydrant Systems - Fire Safety Assessment
Level 2 (Advanced)
Practitioners at this level are accredited to undertake Fire Safety Assessment of any fire hydrant system subject to specific conditions.
2.1. Accredited to undertake Fire Safety Assessment of any fire hydrant system other than a combined sprinkler and hydrant systems unless:
2.1.1 the practitioner also holds Level1 (Basic) Automatic Fire Suppression Systems (sprinklers) – Fire Safety Assessment accreditation in order to undertake Fire Safety Assessment of combined sprinkler and hydrant systems
Level 1 (Intermediate)
Practitioners at this level are accredited to undertake Fire Safety Assessment of a restricted range of fire hydrant systems that include less complex hydraulic considerations subject to specific conditions.
1.1. Accredited to undertake Fire Safety Assessment of fire hydrant systems, excluding:
1.1.1. Systems that include multiple pressure zones
1.1.2. Combined sprinkler and hydrant systems
Automatic Fire Detection And Alarm Systems – Fire Safety Assessment
Level 2 (Advanced)
Practitioners at this level are accredited to undertake Fire Safety Assessment of any automatic fire detection and alarm system.2.1. No restriction on the scope of automatic fire detection and alarm system Fire Safety Assessment.
Level 1 (Basic)
Practitioners at this level are accredited to undertake Fire Safety Assessment of a restricted range of automatic fire detection and alarm systems, generally limited to systems that do not provide multiple programmable outputs to control interfaces associated with a range of complex systems.
1.1. Accredited to undertake Fire Safety Assessment of automatic fire detection and alarm systems, excluding:
1.1.1. systems that provide multiple programmable outputs to control interfaces with any or all of the following:
1.1.1.1. emergency warning and intercommunication systems (EWIS) or customised building occupant warning systems
1.1.1.2. zoned fire suppression systems
1.1.1.3. zoned pressurisation systems
1.1.1.4. purge systems
1.1.1.5. smoke exhaust systems or smoke vents and heat vents
1.1.1.6. automatic air pressurisation systems including those for lift shafts and pressurised exits
1.1.1.7. associated ancillary equipment, such as dampers, fans, louvres, automatic opening doors and the like with respect to 1.1.1.3 to 1.1.1.6 above
1.1.1.8. fire and/or smoke curtains, fire and/or smoke shutters (where required for mechanical air handling systems).
Note: Automatic fire detection and alarm systems, controlling single‐zone occupant warning systems, single‐zone door releases, fire monitoring, etc. can be assessed under Level 1 (Basic) Automatic fire detection and systems – Fire Safety Assessment accreditation.
Restrictions or Considerations Applicable To All Accredited Practitioners
Performance (alternative) solutions
Note that individuals accredited in the Fire Safety Assessment class for individual or multiple fire safety measures are accredited to assess the operating performance of these fire safety measures regardless of whether they are subject to a performance (alternative) solution or not.
Still Don’t Get It?
We don’t blame you, There’s a tonne of information to understand with regards to these recent changes.
If you would like to understand more, Extreme Fire Solutions can -
assist in helping you navigate the pitfalls of AFSS Compliance as a Fully Accredited Competent Fire Safety Practitioner
provide a competitive quotation for Routine Inspection & Testing if you need an alternative Fire Contractor.
Contact us on 1300 88 59 52 or email info@extremefire.com.au.