WHS Reports

Annual Fire Safety Statements

Which buildings require an AFSS to be submitted?

Under Clause 177 of the Environmental Planning and Assessment Regulation 2000 the owner of a 'building to which an essential fire safety measure is applicable' must provide an AFSS to the Council, the Fire Commissioner and prominently display the AFSS in the subject building, each year.

The Legislation requirements

The Environmental Planning and Assessment Regulation 2000 Division 5, Fire safety statements, requires Owners to provide an Annual Fire Safety Statement.

Sounds simple, well it should be.

The Issue

Traditionally fire maintenance companies have offered to administer the whole process including the inspection, testing and maintenance works. As you are aware, there appears to be a conflict of interest issue which involves the same maintenance company providing advice and then getting the work (following the advice) prior to issuing the AFSS. This conflict of interest could allow unnecessary items to be installed, or items 'fixed' at the Owners' expense, and references to codes (BCA) and Australian Standards are bandied around as if to impress and confuse clients.

Sound familiar? The Solution

Simply the most appropriate solution to this ongoing issue is to separate the task into two broad categories being administration and maintenance.

Administration should include inspection, testing and reporting.
Maintenance should include rectification works, installation or replacement of fire safety measures.

We consider that the solution is to contract separate companies which are not linked in any way. We're happy to do the Administration task. The Owners can then attain various quotes for maintenance and have the work performed by a fire maintenance company or even a preferred tradesman. This will create transparency, remove conflicts of interest, provide market competition for the maintenance work and generally ensure that lot owners interests are being properly represented.

Recommendations for your business and the building owners

Comply with the Environmental Planning and Assessment Act and Regulation and receive clear unbiased advice about the building's compliance requirements.
Assist your clients to set some good practice benchmarks in order to improve the building to be slightly above the fire compliance requirements. This is more relevant for older buildings with outdated fire safety measures.
Incorporate any fire upgrade costings into the Sinking Fund Plan.
Outsource the fire Administration for the AFSS and do not employ a provider who performs both fire administration and fire maintenance tasks. Remove the fire administrative burden. Your time is better spent on your field of strata expertise.
As demonstrated by our sinking fund plan, building insurance valuation, OH&S reporting services we are enthusiastic about providing realistic, practical and quality advice to Owners Corporations to enable them to adequately manage risk.