The NSW Government has introduced tougher penalties for building owners or managers who fail to lodge annual fire safety statements with their local Council. The new regulations came into effect in February, in response to Local Governments’ concerns that many building owners were not lodging the statements.
Under amendments to the NSW Environmental Planning and Assessment Act, building owners who are even one day late in lodging their statements will be fined. Penalties range from $500 for statements that are up to a week overdue to $2,000 for those that are a month late. A two-stage inspection and verification process has also been introduced. Contractors must check each element of every fire safety system or service in the building, such as electrical equipment, air-conditioning, and lifts, then issue a certificate of compliance within three months of the annual reporting deadline.
Stephen Gilchrist, a director of building services engineering company AHA Management, said this made the reporting process “somewhat challenging”.
“The inspection process really needs to be done within a two month period because in the final month, any non-complying systems or services must be addressed before the statement can be issued,” Stephen Gilchrist said.
He believes Councils could save time and money by keeping a database of the fire safety status of local buildings.
“There is an avenue for Councils to put together a register of fire safety reports, so that they know on an annual basis who is supposed to be submitting them and when,” he said. From an enforcement point of view, it would save Councils a lot of time and, in the long run, money.”
He said public safety and liability were at risk if Councils did not ensure that building owners and managers were complying with the new regulations.
“It becomes a liability issue as to who is at fault in the case of a fire, if the Council has the legal responsibility of ensuring buildings are safe.”
