Fire Safety Non-Compliance

Annual Fire Safety Statement (AFSS)

It is an offence to fail to provide the Annual Fire Safety Statement (AFSS) to Burwood Council.  Substantial and continuing weekly penalty notices apply for this offence as tabled under Schedule 5 - Penalty Notice Offences under the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021:

• First week after the time for giving the AFSS expires - $1000; and
• Second week after the time for giving the AFSS expires - $2000; and
• Third week after the time for giving the AFSS expires - $3000; and
• Fourth or any subsequent week after the time for giving the AFSS expires - $4000.

  
  

In the interest of building public safety, and ensuring equitable compliance on AFSS Burwood Council sends courtesy reminder letters to the owner(s) of affected premises care of the address provided for rates and notices. However, Council accepts no responsibility for any reliance upon it and the legal responsibility for providing the AFSS when it is due rests with the owner(s) of the premises and this is reflected under Part 12 of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021.

Failure to submit an AFSS could also lead to legal proceedings in the Land and Environment Court.

Other Fire Safety Offences

The Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 provide a number of offences for fire safety matters. Building Owners are responsible for ensuring building are safe and compliant. Other Offences include:

• Failing to obtain approval (Development Consent / Complying Development Certificate) for development works or land uses when required
• Failure to comply with approval requirements
• Not issue fire safety schedule
• Not issue fire safety schedule to relevant authority
• Not maintain each essential fire safety measure for building
• Not inspect performance of essential fire safety
• Failure to provide Annual Fire Safety Statements
• Not display fire safety notice / Annual Fire Safety Statement in prominent position within the building
• Remove or damage or otherwise interfere with fire safety notice / Annual Fire Safety Statement
• Issue compliance certificate when required development consent not in force
• Not maintain fire safety inspection records
• Not ensure building (various) or manufactured home has smoke alarms as prescribed
• Not ensure fire exit kept clear and fire exit door not obstructed
• Interfere or obstruct fire exit door or operation of fire exit door
• Place anything that may obstruct free passage in fire exit area
• Remove or damage or otherwise interfere with fire safety notice
• Not display fire safety notice in prominent position as prescribed

Failure to comply could also lead to significant fines or legal proceedings in the Land and Environment Court.