Access panels, doors and hoppers to fire-resisting shafts Automatic fail-safe devices Automatic fire detection and alarm systems of the building Automatic fire suppression systems Emergency lifts Emergency lighting Emergency warning and intercommunication systems Exit signs Fire control centres and rooms Fire dampers Fire doors Fire hose reel systems Fire hydrant systems Fire seals protecting openings in fire-resisting components

Fire shutters Fire windows Lightweight construction Mechanical air handling systems Perimeter vehicle access for emergency vehicles Portable fire extinguishers Safety curtains in proscenium openings Smoke alarms and heat alarms Smoke and heat vents Smoke dampers Smoke detectors and heat detectors Smoke doors Solid core doors Standby power systems Wall-wetting sprinkler and drencher systems Warning and operational signs

THE LEGISLATIVE DOCUMENTS FOR FIRE SAFETY

The documents for fire safety under NSW legislation are:

• Fire safety schedules,

• Fire safety certifcates and

• Fire safety statements:

  • Annual

  • Supplementary

Note that these documents only apply to buildings other than class 1a and 10

FIRE SAFETY SCHEDULES (C 168 Regs)

Fire safety schedules specify a 'schedule' showing a list of existing statutory fire safety measures and also a list of proposed measures.

Fire safety schedules must be issued when:

• When granting a development consent (where no building work is proposed other than a change of use)

• Issuing a CDC for building work, or a change of use

• Issuing a CC for proposed building work, or

• Giving a fire safety order in relation to building premises

Fire safety schedules are not required in certain cases for CDCs and Ccs for which an alteration to a hydraulic fire safety system (see end for definition) or the installation of a on-site pumpset per (C 168 (2A) The Regs)

To be valid, fire safety schedules must:

• Deal with the whole building, including all parts not subject to the carrying out of development

• Must identiy each measure that is a critical fire safety measure, and

  • identify the required intervals of supplementary fire safety statements (being intervals of less than 12 months)

  • Specify the minimum performance standard for each measure included in the schedule

• A copy must be attached to the relevant DA consent, CDC, CC or Fire Safety Order (and for the purpose of an appeal, forms part of the DA consent or CC)

FIRE SAFETY CERTIFICATES

Fire safety certificates are certificates issued on behalf of the owner of a building to the effect that each essential fire safety measure specified in the current fire safety schedule has:

• Been assessed by a qualified person

• Was found to be capable of performing to the nominated standard

Fire safety certificates be either:

• Final (for the whole building)

• Interim (for part of a building)

Required for OC issue (Other than class 1a and 10):

A final OC cannot be issued unless a final fire safety certificate has been issued for the building (C 153 (1) Regs , if a fire safety schedule is required (i.e all buildings other than class 1a and 10.)

An interim OC cannot be issued unless a interim fire safety certificate or final safety certificate has been issued (C 153 (2) Regs, if a fire safety schedule is required (i.e all buildings other than class 1a and 10.)

Issuing of fire safety certificates:

• The assessment of the essential fire safety measures must have been performed within 3 months before the certificate date of issue.

• The choice of person is up to the owner

• The person must:

• Inspect and very performance of each measure, and

• test the operation of each new item of equipment installed in the building included in the fire safety schedule (for interim certificates it can be only the items for the part of the building assessed.)

• A final fire safety certificate may not include any essential fire safety measure that has been assessed in a previous final fire safety certificate or fire safety statement that was issued within the last 6 months unless the owner otherwise determines, if:

• The person believes that measure will be affected by the work

• The person has specified in the fire safety schedule attached to either the development consent, CC or fire safety order that the final fire safety certificate issued for the work must deal with that measure.

What must a fire safety certificate contain? (C 174 Regs)

• Name and address of the owner of the building or part

• A description of the building or part (including its address)

• A list identifying each essential fire safety measure in the building or part, with the minimum performance standard for each measure as specified in the fire safety schedule

• The date (or dates) on which the essential fire safety measures were assessed

• The type of certificate (final or interim)

• A statement to what the certificate is and its purpose (i.e see C 170 for final or C 173 for interim)

• The date of issue

• A copy of the fire safety schedule for that building or part

Filing and display of final fire safety certificates:

• As soon as practicable after a final fire safety certificate has been issued, the owner must:

• • Cause a copy (with the current fire safety schedule) to be given to the Fire Commissioner, and

  • Cause a copy (with the current fire safety schedule) to be prominently displayed in the building. (When all measures have become reviewed by a later fire safety certificate or statement, it is no longer required to be displayed)

FIRE SAFETY STATEMENTS (Div 5, Part 9 Regs)

These are formal statements issued on behalf of the owner detailing a review of all essential fire safety measures in a fire safety schedule as required periodically. They can be:

• Annual, or

• Supplementary

Annual statements deal with essential fire safety measures where as Supplementary statements deal with critical fire safety measures.

Annual Fire Safety Statements:

• Details each essential fire safety measure assessed in the building (not just in the fire safety schedule) to the required minimum standards of performance, and

• Upon inspection found no grounds for prosecution under (Div 7, Part 9 Offences)

Issue of Annuals:

• Assessment and inspection must occur prior to 3 months of the date of issue

Filing and display of Annuals:

• Must be given within 12 months of a previous Annual or fire safety certificate whichever later

• Failure to give an Annual within the required time to Council constitues a seperate offence each week.

• As soon as practicable the owner must:

  • Send a copy (with the current fire safety schedule) to the Fire Commissioner, and

  • Display a copy (with the current fire safety schedule) in a prominent positions in the building (unless superseaded by a later certificate or statement (C 177 (3) (b) Regs)

Supplementary Fire Safety Statements:

Same as Annual except it covers only the critical fire safety measures.

Issue of Supplementaries:

• Assessment and inspection must be carried out within 1 month before issue of statement

Filing and Display of Supplementaries:

• Must be given within the required interval of the critical safety measures in the building

• Failure to give an Supplementary within the required time to Council constitues a seperate offence each week.

• As soon as practicable the owner must:

  • Send a copy (with the current fire safety schedule) to the Fire Commissioner, and

• Display a copy (with the current fire safety schedule) in a prominent positions in the building (unless superseaded by a later supplementary fire safety statement (C 180 (4) Regs)

The required form for fire safety statements: see (C 181 Regs)

Maintenance (C 182 Regs)

For the sake of required maintenance, A Council must provide an owner of a building the schedule of essential fire safety measures for the premises upon request.

SPECIAL PROVISION FOR AGED CARE FACILITIES – FIRE SPRINKLERS (Div 7B, Part 9 The Regs)

Division 7B, Part 9 of the Regs contain extra provisions for fire sprinklers in aged care facilities, and triggers installation requirements under (C 168B)

ALL BUILDINGS* – PROVISIONS FOR SMOKE ALARMS (Div 7A, Part 9 Regs)

(C 186A Regs) Owners of existing buildings and dwellings must ensure smoke alarms are installed, per table:

BUILDINGS other than: Buildings or parts of a building in which smoke alarms or smoke detection systems are: installed, or are required to be installed in accordance with a requirement under this Act, or any Act or law (including an order or condition of approval) Buildings occupied by a public authority and that a Ministerial determination has deemed those buildings not applicable to this clause	SMOKE ALARM REQUIREMENTS (C 186A Regs)
Class 1a or relocatable home	On or near cealing in: In any storey of the building / home containing bedrooms In every corridor / hallway that leads to a bedroom, or Between the remainder of the building / home and the bedroom
Class 1b	On or near cealing in: In any storey of the building / home containing bedrooms In every bedroom, and In every corridor / hallway that leads to a bedroom, or Between the remainder of the building / home and the bedroom In any other storey not containing bedrooms
Class 2 or Class 4 Part	In any storey of the building / home containing bedrooms In every corridor / hallway that leads to a bedroom, or Between the remainder of the building / home and the bedroom In any other storey not containing bedrooms
Class 3	Each sole-occupancy unit, in any storey containing bedrooms, on or near the ceiling In every corridor / hallway that leads to a bedroom, or Between the remainder of the building / home and the bedroom Each sole-occupancy unit, in any storey not containing bedrooms, on or near the ceiling If the building does not have a functioning sprinkler system, each: habitiable room not within a sole-occupancy room, and each public corridor and other internal space (equipped with alarms to AS 1670.1 requirements)
Class 9a	Each: Patient care area Public corridor Other internal space associated with a patient care area To be equipped with alarms per AS 1670.1 requirements
Class 2, 3 and 4 Part Studio dwellings (single room dwellings)	Alarm installed on or near the ceiling between sleeping facilities and the rest of the dwelling or unit

(C 186D Regs) Contains the specifications for smoke alarms under this Division.

(C186E Regs) Smoke and heat alarms installed under this Division may be considered essential fire services under this clause

(C 187 – 188 Regs) Allows some provisions regarding modification, supplementation and exemptions from BCA and fire safety standard requirements in certain scenarios.

DEFINTIONS (C 165 Regs)

alteration to a hydraulic fire safety system means a permanent alteration to a hydraulic fire safety system that modifies or enables the modification of the pressure or flow characteristics of the hydraulic fire safety system and that is not associated with:

(a) an alteration, enlargement or extension of an existing building, unless the alteration, enlargement or extension relates solely and directly to the alteration to the hydraulic fire safety system, or

(b) a change of use of a building

hydraulic fire safety system means:

(a) a fire hydrant system, or

(b) a fire hose reel system, or

(c) a sprinkler system (including a wall-wetting sprinkler or drencher system), or

(d) any type of automatic fire suppression system of a hydraulic nature,

that is installed in accordance with a requirement of, or under, the Act or any other Act or law (including an order or a condition of an approval or some other sort of authorisation).

critical fire safety measure means a fire safety measure that is identified in a fire safety schedule as a critical fire safety measure, being a measure that is of such a nature, or is implemented in such an environment or in such circumstances, that the measure requires periodic assessment and certification at intervals of less than 12 months.

essential fire safety measure, in relation to a building, means a fire safety measure that is included in the fire safety schedule for the building

BUILDING FIRE SAFETY REGULATIONS (2017) Ammendment

REGULATIONS RELATING TO ALTERNATIVE SOLUTIONS

Clauses 130 & 144A – A complying development certificate or construction certificate that involves an alternative solution in respect of a fire safety requirement cannot be issued unless the CA has been provided with an alternative solution report.

Both clauses above relate to the report being issued by a competent fire safety practitioner. The person has qualifications required by this clause if:

1. The person is a fire safety engineer

2. The report is above an alternative solution for EP1.4, EP2.1, EP2.2, DP4 and DP5 in volume 1 for

   1. A class 9a building having a total floor area of > 2000m2, or

   2. Any building (other than 9a) that is proposed to have a fire compartment of more than 2000m2

   3. Any building that has a total floor area of more than 6000m2

Clauses 134 & 147 Form of CC / CDC

A construction certificate or complying development certificate must include the details of any alternative solution report including:

4. The title of the report

5. The date of report

6. The reference no. and version of the report

7. The name of the competent fire safety practitioner who prepared the report

8. The accreditation number of the fire safety practitioner if he or she is a certifier.

CONDITION RELATING TO FIRE SAFETY SYSTEMS IN CLASS 2-9 BUILDINGS (Clauses 136AA & 146B)

An approval for a relevant fire safety system being installed, extended or modified must include:

1. Forwarded plans and specifications to the PCA regarding the work of the relevant fire safety system.

2. Certification in the form of a compliance certificate from a competent fire safety practitioner, unless the work is subject to an exemption.

3. A statement from the CA stating that those plans and specifications correctly identify both the performance requirements and DTS provisions of the BCA.

A relevant fire safety system is a

1. Hydraulic fire safety system within the meaning of clause 165

2. A fire detection and alarm system

3. A mechanical ducted smoke control system

EXEMPTIONS (clause 164B)

A person may lodge with the CA an objection that compliance with any specified provision of the BCA that relates to the operational performance of a relevant fire safety system is unreasonable or unnecessary in the particular circumstances of the case.

A person may lodge an objection if the person has, or will have the benefit of:

1. A Complying development certificate involving the clause 136AA is relation to minor modification of a relevant fire safety system.

2. A construction certificate under clause 146B involving minor modification to a relevant fire safety system.

The person must specifiy the grounds for an objection and furnish plans and specifications for the building work. If the CA is satisfied the objection is well founded, it may exempt the building work either conditionally or unconditionally from a specified provision of the BCA.

This can only happen if:

1. The non-compliance with the BCA only relates to the operational performance of the relevant fire safety system, and

2. The CA is satisfied that it will not reduce the operation performance of the system

3. A competent fire safety practitioner has endorsed the non-compliance and

4. A fire safety certificate or fire safety statement includes the fire safety system being modified or extended was issued for the building no more than 6 months before the objection was made.

CLASS 2 OR 3 BUILDINGS CONTAINING CERTAIN FIRE SAFETY SYSTEMS:

A Certifying Authority must request the Fire Commissioner to furnish it with a fire safety system report as soon as possible after receiving any application for an occupation certificate for a class 2 or 3 building involving the installing, extending or modifying of a relevant fire safety system.

The CA is not required to make such a request if the Commissioner has refused such an application, or if clause 144 applies to the building and the Fire Commissioner has furnished a report for the building under clause 152.

The CA must not issue an OC for the building unless it has taken into consideration any report from the Fire Commissioner within 10 days after the Fire Commissioner receives the request