Penalties for Fire Safety Offences
The NSW State Government has introduced a stringent penalty system to assist local Councils, whose role it is to administer compliance with current fire safety regulations. As a result of Amendments to the Environmental Planning & Assessment Regulation 2000, building owners who are late (even 1 day) in submitting their Annual Fire Safety Statements may receive a $500 fine in the first week after the Statement is due. If this continues to occur, the fine progressively increases in increments of $500 per week for every week thereafter, up to a maximum of $2000.
It is suggested that the arrangements for maintenance checks of existing fire safety measures be commenced approximately 3 months before the deadline for when the Annual Fire Safety Statement is due. This is in order to provide sufficient lead time for building owners to co-ordinate all of the necessary testing with various maintenance contractors well ahead of the deadline to ensure they have time for compliance, which should also take into account an allowance for access difficulties and repair time etc.
The legislation states that an Annual Fire Safety Statement must cover all essential fire safety measures installed in the building. Even if a Statement is submitted on time but is only partially completed, it will still attract a penalty.
A range of other penalties, which vary in monetary value from $100 to $3000, are also applicable for offences such as:
- Not displaying Fire Safety Certificates, Annual Fire Safety Statements, or fire safety notices on-site
- Failure to maintain essential fire safety measures
- Interfere, obstruct, remove or damage fire safety notices, fire doors, fire exits or paths of travel that lead to exits
- Failure to provide smoke alarms in any residential building in accordance with Smoke Alarms Regulation
All offences can result in fines being issued on-the-spot, and at the same the property may also be subject to an Order being issued so as to resolve the matter which caused the offence.