Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021
89Duties of building owners in relation to annual fire safety statements
Start here
Get a plain-English read of 89
Turn the raw legal text into a practical explanation grounded in Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021.
89 Duties of building owners in relation to annual fire safety statements
89 Duties of building owners in relation to annual fire safety statements
(1) The owner of a building to which an essential fire safety measure applies must give the council an annual fire safety statement for the building.
Maximum penalty (subsection (1))—
(a) for a corporation—800 penalty units, or
(b) for an individual—400 penalty units.
(2) The owner must give the annual fire safety statement to the council within the later of—
(a) 12 months after an annual fire safety statement was previously given to the council, or
(b) if a fire safety certificate has been issued within the previous 12 months—12 months after the certificate was issued.
(3) Failure to give an annual fire safety statement to the council within the time required by subsection (2) is a separate offence for each week that the failure continues after the expiry of the required time.
(4) As soon as practicable after an annual fire safety statement is issued for a building, the owner of the building must—
(a) give a copy of the statement and a copy of the current fire safety schedule to the Fire Commissioner, and
(b) ensure a copy of the statement and a copy of the current fire safety schedule are prominently displayed in the building.
Maximum penalty (subsection (4)(b))—55 penalty units.
(5) Subsection (4)(b) ceases to apply to an annual fire safety statement only when each essential fire safety measure specified in the statement has become the subject of a later fire safety certificate or fire safety statement.
(6) A requirement in this section to give a fire safety statement to a council is a requirement to give the statement to the Minister, if the statement relates to premises in the Alpine Region under State Environmental Planning Policy (Precincts—Regional) 2021, Chapter 4.
s 89: Am 2022 (790), sec 4.