The recent amendments to the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2022 introduce significant changes to fire safety regulations for new and existing buildings in New South Wales (NSW). These changes aim to enhance fire safety standards, ensuring better protection for occupants and more rigorous oversight of building safety measures. Here’s a summary of the key changes and what they mean for certifiers, councils, industry practitioners, and building owners. These changes will be implemented in stages, with some already in effect as of February 2023, others starting in August 2023, and the remainder by February 2025.
Key Changes Effective 2023
1. Corrections to Fire Safety Schedules: From 13 February 2023, building owners can request the re-issuance of a fire safety schedule to correct minor errors or omissions, such as typographical errors or incorrect addresses. Previously, this could only be done through more cumbersome processes like obtaining a development control order or a complying development certificate.
2. Building Practitioner Declarations: Building practitioners issuing a building compliance declaration under the Design and Building Practitioners Act 2020 must now lodge a copy of the fire safety certificate with their declaration. This ensures that fire safety considerations are integral to compliance declarations.
3. Consultation with Fire and Rescue NSW (FRNSW): Starting 1 August 2023, developers and certifiers must consult with FRNSW for all building work involving fire safety performance solutions in Class 2–9 buildings. This extends the previous requirement, ensuring that fire safety performance solutions are thoroughly reviewed by FRNSW during the design and certification stages.
4. Standardised Fire Safety Schedule Template: From 1 August 2023, a mandatory fire safety schedule template will be required for Class 1b to 9 buildings where new fire safety measures are proposed or existing measures are changed. This standardisation aims to reduce errors and omissions in fire safety documentation.
Changes Effective February 2025
1. Mandatory Routine Servicing Requirements: As of 13 February 2025, building owners will be required to adhere to specified procedures for the routine maintenance of essential fire safety measures. This includes compliance with the Australian Standard 1851-2012 (AS 1851) for inspection, testing, and documentation.
2. Accreditation for Fire Safety Assessors: From 13 February 2025, or 18 months after an accreditation authority is approved, only accredited individuals will be authorised to assess fire safety measures for a fire safety certificate. This ensures that assessments are carried out by qualified professionals, further enhancing the reliability of fire safety certifications.
Transitional Arrangements
To ease the transition, the Amending Regulation will be rolled out in stages:
- 13 February 2023: Introduction of corrections to fire safety schedules and new requirements for lodging fire safety certificates.
- 1 August 2023: Expansion of consultation requirements with FRNSW and implementation of the standardised fire safety schedule template.
- 13 February 2025: Mandatory procedures for routine maintenance and accreditation requirements for fire safety assessors.
Wrapping up
These new fire safety regulations mark a significant step towards improving the safety and reliability of buildings in NSW. By enhancing oversight, standardising procedures, and ensuring that qualified professionals are involved in fire engineering services, these changes aim to protect building occupants and improve overall fire safety standards across the state.
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