NSW: Q&A Do we need an annual Fire Safety inspection?

My partner’s strata has set a date and time for a fire inspection. It’s a two-hour window on a weekday, and my partner isn’t available. Although she has provided alternative days, the owners corporation advised they cannot change the date. The only option is for owners to leave a spare key with a committee member. Surely, apartment access would be similar to that of a renter, where they must organise a suitable time for access.

Answer: Contact the fire safety company directly. They may have some flexibility.

Fire safety inspections are typically coordinated for the entire building, which includes many residents with varied schedules. Finding a time that suits everyone’s needs can be challenging, especially since these inspections are often booked well in advance to ensure compliance with safety regulations.

While the date is fixed to streamline the process for the whole building, one possible solution is to contact the fire safety company directly. They may have some flexibility, such as inspecting earlier in the morning when they are already on-site or visiting at another time if they have other inspections nearby. Alternatively, leaving keys with a trusted neighbour is a common solution that ensures your apartment can still be inspected.

Though the inconvenience is understood, fire safety compliance is critical, and your cooperation ensures the building remains safe for everyone.

Tim Sara Strata Choice E: tsara@stratachoice.com.au P: 1300 322 213

This post appears in the October 2024 edition of The NSW Strata Magazine.

Question: We’ve been told to replace exit signs that do not stay on for 90 minutes. We are only a small block. Is this a requirement?

For our recent fire audit, we’ve been told to replace exit signs that do not stay on for 90 minutes. A few of our signs only stay on for up to 80 minutes.

Is this a requirement? We only have 12 lots. If owners aren’t out of the building within 10 minutes in a block this size, you would be in trouble.

Answer: If this relates to an annual fire safety statement, there can be no leeway on 90 minutes.

AS2293.1 requires that new exit and emergency lights remain illuminated for 2 hours. The referenced maintenance code for emergency lights is AS2293.2, requiring them to remain illuminated for 90 minutes. Not lasting for 90 minutes indicates degradation from new performance, and, therefore, complete failure could occur at any time.

If this relates to an annual fire safety statement, the assessor must sign (endorse) that measure as performing in accordance with those standards, so there can be no leeway on 90 minutes.

Further reasoning is that the standard operating procedure for the fire brigade entering a building to rescue those remaining and fight the fire is to turn the power off. They do this so firefighters are not crawling through live wires and/or spraying water on them. For this reason, lights operating on battery power for 90 minutes are highly relevant to the overall safety of your building.

The owners should replace the lights not lasting 90 minutes. FYI, Benchmarking shows that exit lights up to 5 or so years ago had an expected life expectancy of 3-5 years due to heat build-up from Fluro tubes destroying its electronics. LED lights have substantially improved this to more than 6-10 years.

Rob Broadhead 2020 Fire Protection E: rob.broadhead@2020fire.com.au P: 1300 340 210

This post appears in the July 2024 edition of The NSW Strata Magazine.

Question: At great expense, our new fire contractor demands we install additional sensors in the basement garage. If our building has been compliant for the past 8 years, is this necessary?

Our new fire contractor recently advised of a fire defect in our basement garage. All the heat sensors are approximately 7 metres apart except for two sensors above the ramp going from B1 to B2. These two sensors are approximately 20 metres apart.

At great expense, the fire contractor demands we install two additional sensors. Our building has been compliant since initial occupation 8 years ago. The builder insists the garage sensors are compliant. Who is right in this situation, and where is the regulation?

Answer: It seems reasonable that all devices in the area should be spaced the same.

This is a very general response as a number of variables could affect it, but here’s the best info based on the limited info provided.

7.2 metres between heat detectors is exactly as listed in the code (AS1670.1-2004 and most earlier and later versions), so it seems reasonable that all devices in the area should be spaced the same.

Rob Broadhead 2020 Fire Protection E: rob.broadhead@2020fire.com.au P: 1300 340 210

This post appears in Strata News #698.

Question: Our fire provider says we must undertake a five yearly fire panel review/test. Is it a requirement or a recommendation?

I live in an older six lot apartment block. We have monthly fire alarm tests and follow the AFSS tests and reporting. Our provider says we must undertake a five yearly fire panel review/test. The fire panel was replaced five years ago by the same company. Is the five yearly test a requirement or a recommendation?

Answer: AS1851-2012; whilst the only standard for maintenance of fire systems, is listed, but not directly enforceable, by law, until February 2025.

Five yearly testing is required by AS1851-2012 – the Australian Standard for maintenance of fire protection systems. It’s an important and far more extensive test than the annual test to ensure the quality and reliable operation of the systems for the future.

The owners of a strata building are required, by law, to maintain their buildings and the systems within, so it is reasonable to make a connection that these five yearly tests must take place.

AS1851-2012; whilst the only standard for maintenance of fire systems, is listed, but not directly enforceable, by law, until February 2025.

Hence, until Feb 2025, the decision to proceed is the owners and should be decided based on the level of risk to the lives of their families and the building’s safety they are willing to accept.

Rob Broadhead 2020 Fire Protection E: rob.broadhead@2020fire.com.au P: 1300 340 210

This post appears in the October 2023 edition of The NSW Strata Magazine.

Question: Our strata building had fire panel inspections twice a year, however, recently the company is conducting and charging for monthly inspections. Are monthly fire panel inspections really necessary?

Answer: Australian Standard AS1851-2012 requires all fire panels to be tested monthly.

Australian Standard AS1851-2012 requires all fire panels to be tested monthly. While AS1851 is not directly legislated in NSW, the owners are always obligated under legislation to maintain their essential services (fire systems).

AS1851 is the only code for maintenance of fire systems, so the owners would be taking a substantial risk in not following the Australian Standard related to their legislated obligations.

Also, if that’s not adequate to explain, the direct legislating of AS1851-2012 was a key component of the Fire Safety Report assembled by the NSW Govt last year.

Rob Broadhead 2020 Fire Protection E: rob.broadhead@2020fire.com.au P: 1300 340 210

This post appears in Strata News #620.

Question: Should the fire contractor be checking all registered faults on the fire panel? Our committee will often leave these until the next system check.

Our strata building has a predominantly wireless fire system. When the fire panel shows a fault, the strata committee will often say “It can wait to be rectified when the fire contractor next comes out to check the system under our contract, as the cost of the call out is not warranted”. That may save money, but does that save lives?

Currently the fire panel indicates a fault in the underground garage. It is an area, due to the presence of petroleum, that should be fire safety compliant at all times.

A fault is a fault and should be attended to. Some faults may not require an out of hours call out, that’s a judgement call.

Answer: A fault is a fault and it should be looked at.

This is a difficult one because there are so many factors involved. But I would agree with the statement that ‘A fault is a fault’ and it should be looked at.

What we mostly don’t know when it comes to a fault is: how big is the fault? Is the fault one detector that has spiders or water that has run through it, or a cable disconnected? Or is the entire car park not functioning? Sometimes the strata and the fire contractor can work together to identify how big the problem is because it may be indicated on the fire panel screen. Maybe there is a battery in one detector that is low or broken. Fair call, it might be a risk management versus costs decision to leave it for the next inspection because it’s still probably going to work and there are probably other detectors within 10 metres of it that will cover off most of the risks.

But if it’s just registering as a fault and you can’t identify how big it is, I think it’s important to go and investigate. The orange light on the panel showing fault could be the entire system no longer functioning or it could be that one detector with a low battery. An investigation is very important but yes, some of it can be done over the phone If the panel on that system gives you enough information.

Rob Broadhead 2020 Fire Protection E: rob.broadhead@2020fire.com.au P: 1300 340 210

This post appears in the September 2022 edition of The NSW Strata Magazine.

Question: Do we have to engage a NSW Accredited Practitioner to do an annual Fire Safety inspection?

We are a small complex of 3 residential units. Under the Fire Safety requirements, do we now have to engage a NSW Accredited Practitioner to do an annual Fire Safety inspection? The council classify us as a class 1a Building. Could you please advise?

Answer: Class 1a buildings are not required to have a Fire Safety Schedule and therefore not an Annual Fire Safety Statement.

Clause 168 of the Environmental Planning and Regulations 2000 outlines that Class 1a buildings are not required to have a Fire Safety Schedule.

If a building doesn’t have a Fire Safety Schedule, they can’t issue an Annual Fire Safety Statement.

Environmental Planning and Assessment Regulation 2000: Section 168 Fire safety schedules

Vincent Graham Project Guides E: vgraham@projectguides.com.au P: 0476 233 109

This post appears in Strata News #430.

Question: We are having our annual strata fire safety inspection on a date when I won’t be available. Can I be charged a fee if I can’t be there to provide access?

We are having our annual strata fire safety inspection on a date when I won’t be available. I am the owner of the property and not a tenant.

I have been told (perhaps even read) that residents can’t be legally charged for a call-back fee. Is that so?

I will be charged $220 plus GST if I can’t allow access. I have a neighbour I could ask but our relationship is a bit not the best at the moment…

Answer: With a properly drafted by-law in place, a scheme could arguably make an owner responsible for lack of access.

With a properly drafted by-law in place, a scheme could arguably make an owner responsible where they have not provided access. This owner should ask a friend if they don’t trust a neighbour and should appreciate that it’s a difficult task to get access to units for Annual Fire Safety Services inspections.

Andrew Terrell Bright & Duggan E: Andrew.Terrell@bright-duggan.com.au P: 02 9902 7100

This post appears in Strata News #252.

Question: I’m overseas & unable to provide access for the annual fire safety inspection. Do all units have to be inspected for the certificate to be issued?

I am currently overseas & have been advised that I need to provide access to my unit for the annual fire safety inspection. My understanding was that not all units in a block (there are 36 in my block) have to be inspected for the certificate to be issued.

Is this correct? Can you please advise?

Answer: The owner should ask to make alternate arrangements, rather than argue that not all units need to be inspected.

I understand this changes depending on the council and what needs to be submitted as part of the Annual Fire Safety Services inspection. The owner should ask to make alternate arrangements, rather than argue that not all units need to be inspected.

Andrew Terrell Bright & Duggan E: Andrew.Terrell@bright-duggan.com.au P: 02 9902 7100

This post appears in Strata News #252.

Question: After our fire safety inspection, our complex of 11 townhouses has received a Fire Order which requires work and installations for both common property and individual homes. Who pays for what?

After our fire safety inspection, our complex of 11 townhouses has received a Fire Order which requires work and installations for both common property and individual homes (fire alarms).

How is the cost of all work to be divided between the properties via a special levy?

Answer: The costs of the required work would be paid for by levies, which are struck in accordance with unit entitlement.

The costs of the required work would be paid for by levies, which are struck in accordance with unit entitlement.

In this scenario, the council would be requiring the owners corporation to do the work and thus it would only make sense for the owners corporation to conduct all works, including the installation of smoke alarms within the lots.

Depending on the complexity of the work that is required, the owners corporation may use a fire engineer to review and tender the works.

Andrew Terrell Bright & Duggan E: Andrew.Terrell@bright-duggan.com.au P: 02 9902 7100

This post appears in Strata News #247.

Question: We are lot owners in a small scheme strata in NSW. How often should our fire safety inspection be done? The company who is currently performing our Fire Safety Inspections is performing them every 3 months, which seems excessive to me.

We are owners of an apartment in a small scheme strata building in NSW which has 16 units on 2 levels and is 8 years old. The company who is currently performing our Fire Safety Inspections is performing them every 3 months, which seems excessive to me.

I have tried to research online to verify the required fire safety inspection intervals and can only find reference to the required annual certificate requirements by our local council.

Can you please advise the legally required fire safety inspection intervals as I believe 4 times a year is not true.

Answer: The frequency of service inspections varies depending on the system.

The frequency of service inspections varies depending on what the fire safety measure of the system is. e.g. sprinkler systems require monthly inspections; fire doors (typically) require 6-monthly inspections.

The systems requiring servicing/testing are set out on the Fire Safety Schedule which should be on the buildings noticeboard. Frequency of testing/servicing is set out in AS1851-2012, table 1.11 and in each section for the specific fire safety system.

Andrew Renton Fire Safety Constructions E: info@firesafetyconstructions.com.au T: 02 9945 3499

This post appears in Strata News #182.

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