Do I need to upgrade my Essential Fire Safety Measures?

By Michael Barnes, Associate Credwell Fire & Risk

We are regularly approached by government departments, Building Owners and Strata Managers who have been advised by their maintenance contractor that they must upgrade the Essential Fire Safety Measures as they don’t comply with current BCA & Australian Standard requirements.

This is often followed by the question: Is this Correct?

Our response to this question is frequently no, unless there has been significant building work completed in the building.

So let’s explore where this statement comes from.

Under Clause 182 of the Environmental Planning and Assessment Regulation 2000 a building owner is required to maintain each Essential Fire Safety Measure in the building to either:

1. 1. in the case of an Essential Fire Safety Measure applicable by virtue of a fire safety schedule, to a standard no less than that specified in the schedule, or
   2. in the case of an Essential Fire Safety Measure applicable otherwise than by virtue of a fire safety schedule, to a standard no less than that to which the measure was originally designed and implemented.

A Fire Safety Schedule for a building (other than a Crown Owned building) is issued when either of the following occurs:

1. 1. a development consent for a change of building use is granted;
   2. a complying development certificate for the erection of a building or for a change of building use is issued;
   3. a construction certificate for proposed building work is issued; or
   4. when a fire safety order for a building is issued.

Part 5 of Division 9 Environmental Planning and Assessment Regulation 2000 requires a Fire Safety Statement to be prepared and issued to the Council & FRNSW every 12 months.

This Fire Safety Statement issued by an owner, as required by Clause 175 of the Environmental Planning and Assessment Regulation 2000, is a statement that each essential fire safety measure specified in the statement has been assessed by an accredited practitioner (fire safety) and was found, when it was assessed, to be capable of performing to;

1. 1. in the case of an Essential Fire Safety Measure applicable by virtue of a fire safety schedule, to a standard no less than that specified in the schedule, or
   2. in the case of an Essential Fire Safety Measure applicable otherwise than by virtue of a fire safety schedule, to a standard no less than that to which the measure was originally designed and implemented.

Unfortunately, many of Fire Safety Schedules are incorrectly prepared and reference current codes and Australian Standards in older existing buildings.

The Environmental Planning and Assessment Regulation 2000 does not require a Fire Safety Schedule for a Crown owned building. This in itself creates a problem when it comes to assessing Essential Fire Safety Measures.

This is the primary reason a maintenance contractor will advise you that they must upgrade the Essential Fire Safety Measures as they don’t comply with current BCA & Australian Standard requirements.

To reduce the potential for costly and often unnecessary upgrade works, Credwell recommends you consult an expert to ensure your Fire Safety Schedule is correct when it is issued.

We can assist to prepare a list of essential Fire Safety Measures and correct their standard of performance for your building. For more information please call 02 9281 8555 or email info@credwell.com.au