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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Historical version for 1 March 2013 to 7 March 2013 (accessed 8 December 2019 at 11:39) Current version
Part 9 Division 5
Division 5 Fire safety statements
175   What is an annual fire safety statement?
(cf clause 80GA of EP&A Regulation 1994)
An annual fire safety statement is a statement issued by or on behalf of the owner of a building to the effect that:
(a)  each essential fire safety measure specified in the statement has been assessed by a properly qualified person and was found, when it was assessed, to be capable of performing:
(i)  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
(ii)  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, and
(b)  the building has been inspected by a properly qualified person and was found, when it was inspected, to be in a condition that did not disclose any grounds for a prosecution under Division 7.
176   Issue of annual fire safety statements
(1)  The assessment and inspection of an essential fire safety measure or building must have been carried out within the period of 3 months prior to the date on which the annual fire safety statement is issued.
(2)  The choice of person to carry out an assessment or inspection is up to the owner of the building.
(3)  The person who carries out an assessment must inspect and verify the performance of each fire safety measure being assessed.
177   Annual fire safety statement to be given to council and Fire Commissioner and prominently displayed in building
(cf clause 80GB of EP&A Regulation 1994)
(1)  Each year, the owner of a building to which an essential fire safety measure is applicable must cause the council to be given an annual fire safety statement for the building.
(2)  An annual fire safety statement for a building:
(a)  must deal with each essential fire safety measure in the building premises, and
(b)  must be given:
(i)  within 12 months after the date on which an annual fire safety statement was previously given, or
(ii)  if a fire safety certificate has been issued within the previous 12 months, within 12 months after the fire safety certificate was issued,
whichever is the later.
(2A)  Failure to give an annual fire safety statement to the council within the time prescribed by subclause (2) (b) constitutes a separate offence for each week beyond the expiry of that time for which the failure continues.
(3)  As soon as practicable after an annual fire safety statement is issued, the owner of the building to which it relates:
(a)  must cause a copy of the statement (together with a copy of the current fire safety schedule) to be given to the Fire Commissioner, and
(b)  must cause a further copy of the statement (together with a copy of the current fire safety schedule) to be prominently displayed in the building.
(4)  Subclause (3) (b) ceases to apply to an annual fire safety statement only when every essential fire safety measure with which it deals has become the subject of a later fire safety certificate or fire safety statement.
178   What is a supplementary fire safety statement?
(cf clause 80GC of EP&A Regulation 1994)
A supplementary fire safety statement is a statement issued by the owner of a building to the effect that each critical fire safety measure specified in the statement has been assessed by a properly qualified person and was found, when it was assessed, to be capable of performing to at least the standard required by the current fire safety schedule for the building for which the statement is issued.
179   Issue of supplementary fire safety statements
(1)  The assessment of a critical fire safety measure must have been carried out within the period of one month prior to the date on which the supplementary fire safety statement is issued.
(2)  The choice of person to carry out the assessment is up to the owner of the building.
(3)  The person who carries out the assessment must inspect and verify the performance of each fire safety measure being assessed.
180   Supplementary fire safety statement to be given to council and Fire Commissioner and prominently displayed in building
(cf clause 80GD of EP&A Regulation 1994)
(1)  The owner of building premises in which a critical fire safety measure is implemented must cause the council to be given periodic supplementary fire safety statements for that measure.
(2)  A supplementary fire safety statement for a critical fire safety measure must be given at such intervals (being intervals of less than 12 months) as is specified in respect of that measure in the current fire safety schedule for the building.
(2A)  Failure to give a supplementary fire safety statement to the council within the time required by the current fire safety schedule for the building constitutes a separate offence for each week beyond the expiry of that time for which the failure continues.
(3)  As soon as practicable after a supplementary fire safety statement is issued, the owner of the building to which it relates:
(a)  must cause a copy of the statement (together with a copy of the current fire safety schedule) to be given to the Fire Commissioner, and
(b)  must cause a further copy of the statement (together with a copy of the current fire safety schedule) to be prominently displayed in the building.
(4)  Subclause (3) (b) ceases to apply to a supplementary fire safety statement only when every critical fire safety measure with which it deals has become the subject of a later fire safety certificate or fire safety statement.
181   Form of fire safety statements
(cf clause 80GE of EP&A Regulation 1994)
(1)  A fire safety statement for a building or part of a building must contain the following information:
(a)  the name and address of the owner of the building or part,
(b)  a description of the building or part (including its address),
(c)  a list identifying:
(i)  each essential fire safety measure in the building or part (for an annual statement), or
(ii)  each critical fire safety measure in the building or part (for a supplementary statement),
together with the minimum standard of performance specified in the relevant fire safety schedule in relation to each such measure,
(d)  the date or dates on which the essential fire safety measures were assessed,
(e)  the date on which the building or part was inspected,
(f)  the type of statement being issued (that is, annual or supplementary),
(g)  a statement to the effect referred to in clause 175 (for an annual statement) or clause 178 (for a supplementary statement),
(h)  the date on which the statement is issued.
(2)  A fire safety statement for a building or part of a building must be accompanied by a fire safety schedule for the building or part.