Fire Safety

An important State Government decision came into affect in 2006 to reduce fire-related deaths and injuries, by gazetting the Regulation makes smoke alarms compulsory in all residential homes and shared accommodation buildings.

Everyone who lives in NSW must have smoke alarms fitted in every storey of their house or dwelling (apartments, hostels and hotels), and in rooms where people sleep.

The state law carries a minimum penalty of $300. It is also an offence to interfere with or remove a smoke alarm unless for maintenance or replacement.

Additional resources

• Fire & Rescue NSW
• Smoke Alarms in the Home – Fact sheet (PDF)
• New Smoke Alarm requirements for existing buildings (PDF)

The NSW Fire and Rescue Smoke Alarm Assistance Program and Home Safety Visits are available to assist.

Home Safety Visits are available to anyone and may be of particular interest to groups within the community who are statistically at a higher risk including:

• Over 65’s.
• Those who live alone.
• People with limited mobility, hearing impairments or vision impairments.
• Residents who are supported by carers, family and friends.
• And anyone with English as a second language.

There are specialised smoke alarms available via the Smoke Alarm Assistance Program. Conventional smoke alarms are not effective in alerting those with hearing impairments. A visual warning device which is interconnected to the smoke / heat alarm can be obtained. Also, a special emergency call service is available for people with a hearing impairment (or speech impairment) with direct access to fire safety emergency response. For more information visit Fire & Rescue NSW.

The type of alarm you need depends on your dwelling. Private dwellings require an Australian Standard 3786 hard-wired smoke alarm.The number of alarms you’ll need depends on the size of your dwelling and its configuration. A private dwelling needs an alarm placed on the ceiling in an area between sleeping and living areas (such as a hallway leading to a bedroom), as well as in any other storey of the same building, even if it does not contain bedrooms.

We recommend you seek advice from an appropriately qualified Fire Safety Engineer or Company to identify what type and how many alarms you may require in your premises.

• General boarding houses – accommodate five or more paying residents, excluding the proprietor, the manager and members of their families. General boarding houses do not include hotels, motels, backpackers’ hostels, aged care homes or other types of premises excluded by the Act
• Assisted boarding houses – accommodate two or more persons with additional needs.

Under the provisions of the Environmental Planning and Assessment Regulation 2000, owners of buildings such as commercial or industrial premises, residential flat buildings etc. have a legal obligation to ensure that all fire safety measures installed on the premises are maintained in good working condition at all times. It is the responsibility of the building owner to ensure:

• All fire safety measures are inspected by an Accredited Practitioner (Fire Safety) to ensure the measures are being maintained to the appropriate standard of performance
• Fire Safety Statements are displayed in a clearly visible position such that CN or Fire & Rescue NSW officers can see them when inspecting the premises and
• All exit doors are kept in good working condition, and corridors or other paths of egress are kept clear of any obstructions.

These requirements are in place to promote the prevention and spread of fire. Fire safety measures assist in reducing the spread of a fire and early detection helps to save property and lives.

Clause 177 of the Environmental Planning and Assessment Regulation 2000, stipulates each year, the owner of a building to which an essential fire safety measure is applicable must cause CN to be given an annual fire safety statement for the building.

A failure to give an annual fire safety statement to CN within the time required constitutes a separate offence for each week beyond the expiry of that time for which the failure continues.

Each year, the owner of a building to which an essential fire safety measure is applicable must submit an Annual Fire Safety Statement for the building to CN and Fire & Rescue NSW.

Annual Fire Safety Statements are issued by or on behalf of the owner of the building. They declare that all fire safety measures on the premises have been maintained to the appropriate standards and that exit paths allow for the safe passage through the premises in the event of fire. Annual Fire Safety Statements must be issued in the form approved by the Secretary of the Department of Planning and Environment.

Please note that only the fire safety statement form approved by the Secretary and published on the Department of Planning and Environment's website is to be used. A downloadable copy of the form can be found on the Department's website at Fire Safety.

Although it is not required to do so by law, CN endeavours to send a courtesy reminder letter to the owners of premises, prior to the annual fire safety statement due date. This service is to assist building owners to arrange having their premises inspected by a competent fire safety practitioner and to submit an annual fire safety statement by the due date. However, CN accepts no responsibility for any reliance upon this service and the sole legal responsibility for providing the statement when its due rests with the owner of the premises.

We charge an administration fee as per our Fees and Charges for the handling and management of Annual Fire Safety Statements. An invoice will be provided which will set out the payment conditions.

It is important to ensure Annual Fire Safety Statements are accurately and fully completed as any incomplete or incorrect statements are returned for amendment and an additional processing fee applies as per our Fees and Charges.

A fire safety measure is any aspect of construction, piece of equipment or can be evacuation plans that are required to ensure the safety of people within the building in the event of fire or other emergency.

These measures include things like:

• Smoke detection and alarm systems
• Automatic fire suppression systems, such as sprinkler systems
• Portable fire extinguishers
• Fire hose reels
• Hydrants
• Emergency lighting, exit signs or evacuation plans.

Fire safety requirements vary from building to building.

It is an offence under the Environmental Planning & Assessment Regulation 2000, for a person to fail to maintain an essential Fire Safety Measures. The minimum penalty is $3,000.00 for an individual and $6,000.00 for a corporation.

The owner must ensure that an Accredited Practitioner (Fire Safety) inspects each fire safety measure. The choice of person to carry out an assessment or inspection is up to the owner. The person who carries out an assessment must inspect and verify the performance of each fire safety measure being assessed.

Located on the Fire Protection Association Australia website is a list of Accredited Practitioners (Fire Safety).

Note: All paperwork provided by your service provider is for the owner only and is NOT to be lodged with us. It is important that records of inspections are kept by the owner.

• Fire Safety measures installed in the building but are not listed on CN's fire safety schedule.
• Essential Fire Safety Measures listed on CN's Fire Safety Schedule but are not installed in the building.
• Where you suspect the minimum standard of performance listed on the fire safety schedule is inaccurate.
• We may correct any anomalies identified if there is evidence to support any amendments.
• We may request work to be carried out, issue a Development Control Order or any other action we deem necessary to allow the building owner/s to issue an Annual Fire Safety Statement to CN.

There is no requirement to submit an Annual Fire Safety Statement for single dwelling houses classified under 1a under the Building Code of Australia. Typically, Class 1a usually refers to single dwelling houses, terraces or villa houses. If in doubt, ask.

Home owners must ensure they maintain their smoke alarms.

CN treats fire safety issues seriously. Where required under legislation to provide a statement, the owner is responsible to ensure lodgement, regardless as to whether the property is tenanted or vacant.

It is an offence under the Environmental Planning & Assessment Regulation 2000 to fail to provide the statement. Substantial and continuing weekly penalty notices apply for this offence:

• 1 week late - fine of $1,000
• 2 weeks late - fine of $2,000
• 3 weeks late - fine of $3,000
• 4 weeks late - fine of $4,000

For further information on fire safety, including smoke alarms, home evacuation plans, winter fire safety at home and fact sheets, please also refer to the Fire and Rescue NSW and for more information on legislation refer to the Department of Planning.

If you are experiencing difficulties in having your building assessed and will be unable to submit your annual fire safety statement to us by the due date then you should submit a Stay of Infringement Application (PDF). This will allow you to apply for extra time to have the necessary inspections conducted and avoid being fined for the late submission of your annual fire safety statement.

From 1 July 2021 a fee has been introduced for the processing of Requests for a Stay of Infringement. Fees are charged as per CN's Fees and Charges document. Your application is not considered lodged until the required fees have been paid.