Fire safety practitioner reforms
The NSW Government has introduced reforms to fire safety to improve the quality of checks made throughout the design, approval, construction, and maintenance phases of a building.
Certain functions under the Environmental Planning and Assessment Regulation 2021 (EP&A Regulation) and the Environmental Planning and Assessment Regulation (Development Certification and Fire Safety) Regulation 2021 (EP&A (DCFS) Regulation) must be undertaken by an ’accredited practitioner (fire safety)’ or a registered certifier.
These include:
- endorsing plans and specifications for relevant fire safety systems
- endorsing fire safety performance solution reports
- endorsing exemptions to the Building Code of Australia for minor works to existing relevant fire safety systems
- assessing the ongoing performance of essential fire safety measures in a building and endorsing the annual fire safety statement.
There is no requirement to be accredited to install or do routine maintenance, testing and servicing of essential fire safety measures.
From 13 February 2025 or 18 months after an accreditation scheme is approved (whichever occurs first), building owners will be required to use an accredited person(s) to certify installed fire safety measures before a Fire Safety Certificate is issued. For more information see Reforms to fire safety regulations 2022.
Legislative requirements
Who can assess fire safety measures for an annual or supplementary fire safety statement?
Only a person accredited under an approved industry accreditation scheme can do the work covered by that scheme (see Approved industry accreditation schemes, below, for what is currently covered).
Some work is not covered by an accreditation scheme and may be done by a person deemed competent by the building owner to do the work. This includes the assessment of non-statutory fire safety measures (except emergency planning and alarm monitoring) that are not subject to a performance solution.
A non-statutory fire safety measure is any measure not listed in section 79(4) of the EP&A (DCFS) Regulation.
Who can endorse plans and specifications for a relevant fire safety system before it’s installed?
People accredited under an approved industry accreditation scheme (see Approved industry accreditation schemes, below) can endorse plans and specifications for a relevant fire safety system (section 147 of the EP&A Regulation or section 22 of the EP&A (DCFS) Regulation, except for mechanically ducted smoke control systems.
Plans and specifications for a mechanically ducted smoke control system can be endorsed by a person who is the subject of a competency certificate issued by a certifier or by an engineer—mechanical (previously C9) certifier.
Plans and specifications for other specific systems can be endorsed by certain registered certifiers:
- fire detection and alarm systems: by an engineer—electrical (previously C8) certifier
- hydraulic fire safety systems: by a certifier—hydraulic (building) (previously C14) certifier.
Who can prepare performance solution reports or endorse proposed BCA non-compliances related to operational performance of relevant fire safety systems?
A person who is the subject of a competency certificate issued by a certifier may:
- prepare a performance solution report for a fire safety requirement (section 137 of the EP&A Regulation or section 18 of the EP&A (DCFS) Regulation), provided the person is a registered certifier-fire safety (previously C10), if required under section 137(5) of the EP&A Regulation or 18(2) of the EP&A (DCFS) Regulation.
- endorse a non-compliance with a specified provision of the BCA, relating to operational performance of a relevant fire safety system, involving minor modification or extension of that system (section 74 of the EP&A (DCFS) Regulation).
How to appoint an accredited practitioner (fire safety)
Guidance on appointing an accredited practitioner can be found on the Department of Planning and Environment website.
AFSS standard templates
Standard templates for an annual fire safety statement and supplementary fire safety statement are available from the Department of Planning and Environment.
What if no accredited practitioner (fire safety) is available?
If no one is reasonably available to do the work, the building owner or certifier may seek authorisation from Fair Trading to appoint a person the owner or certifier deems competent to do the work.
Authorisation is needed before any appointment is made.
Approved industry accreditation schemes
Visit the fire protection accreditation schemes page to view a list of approved schemes
How can my organisation’s accreditation scheme be approved?
Industry associations can apply for Government approval as a recognised accreditation authority of accredited practitioners (fire safety).
Our Fire Safety Practitioner Co-Regulatory Accreditation Framework sets the requirements an organisation must meet.
The application process is summarised below:
- Email your completed Competent Fire Safety Practitioner Accreditation Scheme Provider Registration Form (PDF, 156.89 KB) and other documents to Fair Trading at [email protected]
- If required, we can request more information within a set timeframe. If not provided, your application will be refused.
- If your application is approved, your organisation will be able to accept applications and an order will be published in the Government Gazette recognising your scheme.
Your organisation must comply with ongoing requirements of recognition.