06 Apr ANNUAL FIRE SAFETY STATEMENTS (AFSS) VS FINAL FIRE SAFETY CERTIFICATES (FFSC)
A Final Fire Safety Certificate is a certificate that is submitted by the building owner, certifying all essential fire safety measures (listed in the Final Fire Safety Schedule) have been installed in the building, and are capable of performing to the standard listed in the Fire Safety Schedule (usually the Australian Standard). Certification is important for council and insurance needs. Fire safety is important to us so let us look after your home or workplace!
A Fire Safety Schedule can be issued with the Construction Certificate. The Fire Safety Schedule lists the essential fire safety measures that are to be installed in the building or on the land and the Australian and/or other Standards to which they must be installed.
Every twelve months, after the Fire Safety Certificate is issued, an Annual Fire Safety Statement must be prepared and forwarded to Council, and to the local Fire Brigade. The Annual Fire Safety Statement must state that a qualified person has inspected and assessed the fire safety measures in the building, and found that the measures are capable of performing to the Australian standard. A copy of the statement or certificate must also be prominently displayed in the building. What are the dangers of not doing an Annual Fire Safety Statement?
Council Makes the owner responsible for submitting and signing the Final Fire Safety Certificate and the AFSS. No matter what the lease says fire compliance is ultimately the responsibility of the landlord. When you sign a Final Fire Safety Certificate or AFSS you are declaring that the premises meets the Australian Standard for fire safety and has been maintained and “assessed by a properly qualified person”. We believe at Sydney Extinguishers that certification should be completed by someone that has a Cert IV in Fire Technology or Higher.
There is no legal definition or certificate that makes someone a “properly qualified person”. So it is up to you, to satisfy yourself, that the person you choose is qualified. Since this has not been tested in the law courts, the working definition is what a “reasonable person” would think makes a person/company qualified to inspect your fire equipment. We can assure you that our people meet that requirement.
Clause 177 of the NSW Environmental Planning and Assessment Regulation 2000 states that it is an offence to fail to provide the statement. Escalating cumulative weekly penalty notices apply for this offence.
If you don’t submit an Annual Fire Safety Statement it could lead to civil or criminal proceedings in the Land and Environment Court. The maximum penalty for a breach is $110,000
But more importantly, a failure to meet these requirements can put people’s lives at risk, as well as having liability implications for the building owner. Not having your fire equipment properly inspected, and not lodging an Annual Fire Safety Statement, could possibly void your fire insurance! Call us today to ensure your fire certification is taken care of.