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Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021
88Annual fire safety statement
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#### 88 Annual fire safety statement
88 Annual fire safety statement
> > (1) An annual fire safety statement is a statement issued by or on behalf of the owner of a building to the effect that—
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> > > (a) each essential fire safety measure specified in the statement has been assessed by an accredited practitioner (fire safety) as capable of performing—
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> > > > (i) for an essential fire safety measure specified in the fire safety schedule—to a standard no less than that specified in the schedule, or
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> > > > (ii) for an original measure within the meaning of section 81—to a standard no less than that to which the measure was originally designed and implemented, and
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> > > (b) the building has been inspected by an accredited practitioner (fire safety) and was found, when it was inspected, to be in a condition that did not disclose grounds for a prosecution under Part 15.
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> > (2) A person must not issue an annual fire safety statement unless the assessment and inspection have been carried out within the previous 3 months.
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> > (3) The owner of the building may choose a person to carry out the assessment or inspection.
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> > (4) The person who carries out the assessment referred to in subsection (1)(a) must inspect and verify the performance of each essential fire safety measure being assessed.
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> > Maximum penalty (subsection (4))—
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> > > (a) for a corporation—300 penalty units, or
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> > > (b) for an individual—150 penalty units.