NSW reforms 2017
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NSW building regulation & certification reforms 2017
In July 2017 the New South Wales Government announced a series of building regulatory reforms, largely with respect to fire safety, which came into effect on 1 October 2017.
These reforms are possibly the most important change to the fire protection industry in decades, and FPA Australia is working closely with government and industry to ensure the reforms both improve fire safety outcomes and are practical for the industry.
A key component of the reforms is the requirement for certain types of fire protection work in NSW to be conducted by a 'competent fire safety practitioner' (CFSP). The NSW Government has announced it will recognise two classes of FPAS accreditation, Fire Safety Assessment (FSA) and Fire Systems Design (FSD), as being able to accredit individuals as CFSPs. The NSW Government plans to officially gazette this recognition, putting it into force, in January 2020.
FPA Australia has developed several resources for fire protection practitioners and building owners in response to the NSW reforms.
NSW reforms FAQ
Frequently asked questions with the latest information and advice.
Interim Fire Safety Assessor Register
Looking for a competent fire safety practitioner? Start here.
Under the reforms, building owners are required to use 'competent fire safety practitioners' (CFSP) for certain types of work. Between 1 October and recognition of an accreditation scheme, the NSW Government has advised building owners to satisfy themselves that the fire protection practitioners they select are competent. See the NSW reforms FAQ for more detail on what work requires a CFSP.
The NSW Government plans to recognise individuals holding either FSA or FSD accreditation under FPAS as CFSPs in January 2020 (see above for more details).
Building owners are also required from 1 December 2017 to use new standard forms (see below) developed by the NSW Government to submit Annual or Supplementary Fire Safety Statements.
FPA Australia advises that fire safety practitioners are not required to sign these forms on behalf of owners or as an owner's agent (Section 6 or 7 for Fire Safety Certificates and Section 7 or 8 for Fire Safety Statements). This remains the responsibility of the owner or a managing agent appointed to act on their behalf.
Resources from the NSW Government:
Fact sheet for building owners on new fire safety requirements;
Selecting a competent fire safety practitioner guide for building owners, including example form to document competence;
New required form for Annual/Supplementary Fire Safety Statements; and
New required form for Interim/Final Fire Safety Certificate.
Building certifiers
Under the reforms, a CFSP must be involved for some types of work, in particular preparation of plans and specifications for fire protection system installation (system design). See the NSW reforms FAQ for more detail on what work requires a CFSP as a result of these reforms.
Competent fire safety practitioners guide for building certifiers, including example form to document competence;
Planning circular on new and changed fire safety regulation requirements; and
Fire safety practitioners
Between 1 October and recognition of an accreditation scheme, the NSW Government has advised building owners to satisfy themselves that the fire protection practitioners they select are competent. After January 2020, however, the NSW Government has announced that it will officially recognise two classes of Fire Protection Accreditation Scheme (FPAS) as accrediting competent fire safety practitioners (CFSPs).
The Fire Safety Assessment (FSA) class accredits individuals who undertake assessment of the performance capability of fire safety measures (FSMs) for the purpose of informing an annual or supplementary fire safety statement.
Prior to the launch of the FSA class, FPA Australia launched the Interim Fire Safety Assessor Register, which connects building owners and service providers who do this work. This Interim Register will be replaced by a list of FSA accredited individuals before the end of 2019.
For practitioners conducting design work, FPA Australia offers the FPAS Fire Systems Design (FSD) class of accreditation.
Comprehensive information on how the reforms impact fire safety practitioners is also available in the FPA Australia's NSW reforms FAQ.
What's covered by the reforms?
The reforms were introduced in the Environmental Planning and Assessment Amendment (Fire Safety and Building Certification) Regulation 2017, which you can download here.
Fire safety regulation
Fire safety is the primary focus of the reforms. The key changes include:
The requirement for certain types of fire protection work to be conducted by a 'competent fire safety practitioner' (CFSP), primarily in the design stage and in assessment of essential fire safety measure performance;
The development of new templates for Fire Safety Statements and Fire Safety Certificates;
The eventual requirement for CFSPs to be accredited, and a plan to recognise existing industry and government schemes that can accredit individuals as such;
Provision for limited exemptions from compliance with the BCA for minor fire protection system works;
The introduction of two new critical stage inspections focusing on passive fire and smoke containment measures in multi-unit residential buildings;
An expansion of Fire and Rescue NSW's current inspection role to cover multi-unit residential building construction; and
The introduction of new requirements for fire safety alternative solutions for class 1b-9 buildings.
Certifier regulation
The NSW Government intends to replace the current Building Professionals Act 2005 with a new Building and Development Certifiers Act. It plans to release a draft exposure bill for public exhibition in late 2017.
Future reforms
The NSW Government has stated that the reforms announced in July 2017 are the beginning of a broader series of changes. The Government is working to identify other opportunities for reform in the building regulation and certification system, informed by the recommendations made in the Lambert Review. FPA Australia anticipates future states of the reforms will broaden the new accreditation requirements applying to fire protection work.
Information is also available at the NSW Government Building Regulation and Certification Reform page.