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Jamie Vistnes Manager, Fire Safety Policy Unit

Future of Fire Engineering – How will FRNSW be involved?

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Outline

• FRNSW Fire Safety Branch • FRNSW FSB Future Vision • FEB Process • Initial Fire Safety Reports • Final Fire Safety Reports • Other Developments

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FRNSW Fire Safety Branch

Chief Superintendent Greg Buckley

Assistance Director Fire Safety

SUPT Mark Reilly Manager, Fire Safety

Assessment Unit

Legislative reviews: IFSR’s FFSR’s 188’s

Crown Development Fire Safety Studies

Jamie Vistnes Manager, Fire Safety

Policy Unit

Fire Safety Guidelines and Policies

Training Providing technical

support

Daire Fleming Manager, Fire Safety

Advisory Unit

FEB’s Advice and consultation

Stephan Netting Manager, Fire Safety

Compliance Unit

Referrals from Council Fire Safety Complaints

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FRNSW Fire Safety Branch Expertise

Experienced Operational

Firefighters and Officers

Fire Safety Engineers

Mechanical Engineers

Structural Engineer

Chemical Engineer

Building Surveyors

Doctrine Officer Administration Staff

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FRNSW Fire Safety Branch

• Lodge a Fire Safety Concern • Lodge a Fire Safety Statement, Fire

Safety Certificate, Emergency Plan • Request a Marina Inspection, Joint

Inspection • Request a Building Assessment

Consultation • Alternative Solutions Fire

Engineering Brief Consultation • A Special Infrastructure

Consultation • A Fire Safety Exemption

Consultation • Other Consultation

• Licensing of major hazard facilities

• Request a Report or Written Comment • Alternative Solutions Initial Fire

Safety Report • Alternative Solutions Final Fire Safety

Report • Fire Engineering Brief • Fire Safety Exemption • A Building Professionals Board

Condition under the Mutual Recognition Act

• A Condition of Development Consent • A Hazard Analysis • An Environmental Impact Statement • A Fire Safety Study • An Order, Compliance Issue or Fire

Safety Matter on an Occupied Building

• Other

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Recent Developments…

• Fire Sprinklers in Aged Care Facilities retrofitting program coming to an end

• 2-4 West Terrace, Bankstown fire coronial concluding What will the Coroner’s findings be?

• Senate enquiry into “Use of smoke alarms to prevent smoke and fire related deaths”

• Senate enquiry into “Non- conforming building products”

• BP Act Review (The Lambert report)

• Changes to EP&A Regs (finally!!!)

http://www.abc.net.au/news/2012-09-25/scene-of-fire-in-bankstown2c-sydney/4278978

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FRNSW Fire Safety Branch Vision

• Continue to provide legislative review functions • Continue to provide consultation • Continue to provide input into development of standards and codes • Develop fire safety policy documents • Increase the bank of knowledge in fire safety Facilitate forums Undertake research Provide feedback from incidents

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FRNSW Fire Safety Policy Work

• Guidelines for built environment Guidelines for Emergency Plans at sites having Dangerous

Goods, Explosives and Major Hazard Facilities Guideline for impulse fans in car parks Guidelines for emergency vehicle access Guidelines for tactical fire plans Guidelines on streamlined 144 applications for large isolated

buildings Guidelines for minor residential development Guidelines for bulk storage of rubber tyres

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FRNSW Fire Safety Policy Work

• Guide sheets for built environment Guide sheet 1: Features of AS2419.1 Booster Assembly Guide sheet 2: Location of AS2419.1 Booster Assembly Guide sheet 3: Pump performance of NSWFB appliances Guide sheet 4: NSW Fire Brigade Hose Couplings Guide sheet 5: Hardstand areas for NSWFB appliances Guide sheet 6: Booster inlets - Single insert boosters

• Internal Guidance Notes • More Guidelines under development

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Fire Engineering Briefs

• Consultation via: Meetings Fire Engineering Brief Questionnaire (FEBQ) FEB Reports

• Benefits in gaining early feedback • Current timing Allocating projects from November

• Beneficial to have hydrant/booster information at FEB stage to facilitate advice at the earliest possible stage

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Changes to Clauses 144 of EP&A Reg

• Since 2001, the EP&A Reg has included provisions for FRNSW to provide recommendations on an alternative solution and the performance requirements it is intended to meet.

• This regulation imposed a mandatory requirement on FRNSW to provide an IFSR for all requests. However, with greater transition by the building industry towards performance based design including increasingly complex fire engineered solutions, the demands on FRNSW resources has also significantly increased.

• On 2 October 2015, Clause 144 of the EP&A Reg was amended to give the Fire Commissioner discretion as to whether an IFSR will be provided. This allows FRNSW to prioritise requests and allocate resources to those posing greater risks and impacts on the community.

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Initial Fire Safety Reports

• Proposed change in legislation will remove backlog Historic applications After 28 days generally cannot issue IFSR

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Changes to Clauses 144 of EP&A Reg

(3) The Fire Commissioner must notify the certifying authority of the date of receipt of documents under subclause (2) (the document receipt date) within 2 days after receiving those documents and must, within 10 days after receiving those documents, notify the certifying authority whether or not an initial fire safety report for the building will be provided. (4) The Fire Commissioner may provide the certifying authority with an initial fire safety report for the building, but only if notice has been given to the certifying authority in accordance with subclause (3) that an initial fire safety report will be provided.

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Changes to Clauses 144 of EP&A Reg

(6A) The certifying authority may issue a construction certificate without taking an initial fire safety report into consideration if: (a) the Fire Commissioner has notified the certifying authority in accordance with subclause (3) that an initial fire safety report will not be provided, or (b) the Fire Commissioner has failed to notify the certifying authority within 10 days after the document receipt date whether or not an initial fire safety report will be provided, or (c) the Fire Commissioner has given notice in accordance with subclause (3) that an initial fire safety report will be provided, but such a report is not provided within 28 days after the document receipt date.

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Changes to Clauses 144 of EP&A Reg

(6B) If the certifying authority does not adopt any recommendation in an initial fire safety report that it is required to take into consideration because the certifying authority does not agree with the recommendation, the certifying authority must cause written notice to be given to the Fire Commissioner of the fact that it has not adopted the recommendation and of the reasons why it has not adopted the recommendation. (6C) If the Fire Commissioner has notified the certifying authority within 10 days after the document receipt date that an initial fire safety report will be provided but has failed to provide the report within 28 days after the document receipt date, the certifying authority must notify the Fire Commissioner in writing if a construction certificate is issued.

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Initial Fire Safety Reports

• FRNSW intends to provide all IFSRs within the 28 day period. However, for large complex developments with highly technical engineered solutions, FRNSW may request a short extension from the certifying authority to allow FRNSW to finalise the IFSR. The certifying authority has the discretion to delay issuing the CC until the IFSR is received from FRNSW.

Note: The decision to extend beyond the 28 day period is solely at the discretion of the certifying authority.

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Initial Fire Safety Reports

• Whether or not FRNSW provide the IFSR, will in part be determined by the outcomes of the fire engineering brief (FEB) process. It is in the stakeholder’s interest to obtain feedback from FRNSW early in the process. If no comment is provided for either the FEB or IFSR, an FFSR for the building will likely be provided.

• If any change occurs to the alternative solution (i.e. FER) after the IFSR application has been made and prior to the IFSR being provided, the certifying authority should withdraw the IFSR application and resubmit a new application with the revised FER when appropriate.

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Initial Fire Safety Reports – Modified Development

• If the builder/developer seeks to modify the development applicable to the issued CC, Clause 148 of the EP&A Reg requires an application for a new CC be made to the certifying authority.

• If the modified development includes an existing or new alternative solution, Clause 148 of the EP&A Reg requires the certifying authority to re-apply Clause 144 of the EP&A Reg and apply for a new IFSR from FRNSW.

Note: The new IFSR application must indicate the proposed works is a modification of the CC. Any new or revised FER should be provided with the application.

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Initial Fire Safety Reports – Modified Development

• Any updated FER that requires a revised fire safety schedule, irrespective of whether Category 2 fire safety provisions are involved, may affect the previous assessment and decision by FRNSW. An IFSR may be provided for the modified development irrespective of whether an IFSR was previously issued or not.

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Final Fire Safety Reports

• Increasing issue of application for FFSR and inspection being undertaken before the building is ready Even though signed Fire Safety Certificate provided???

• Inspections take up significant time and resources

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Final Fire Safety Reports

• The FFSR is a written report specifying whether FRNSW is satisfied that: the building work complies with any alternative solution in respect

of a Category 2 fire safety provision that was the subject of the construction certificate

fire hydrants in the fire hydrant system will be accessible for use couplings in the fire hydrant system will be compatible with

FRNSW

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Final Fire Safety Reports

• The PCA should request an FFSR using the application form available on the FRNSW website at www.fire.nsw.gov.au and provide the following documentation:

(a) a copy of the application for OC (b) a copy of current fire safety schedule (c) a copy of the relevant fire safety certificate (i.e. interim or final). • In order to facilitate FRNSW legislative response to FFSR

applications, FRNSW are considering introducing a process to pre-book inspections and then follow up with the relevant application documentation.

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Final Fire Safety Reports

• Upon receiving the IFSR application, FRNSW will notify the certifying authority if the FFSR will be provided. FRNSW will furnish an FFSR within seven (7) days of the application being received.

• Whether or not FRNSW provide the FFSR, will in part be determined

by the outcomes of the initial fire safety report (IFSR). If FRNSW did not furnish an IFSR, the FFSR will more likely be provided.

Note: FRNSW may review the information provided in the IFSR application if during the FFSR assessment the information is found to be incorrect.

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Final Fire Safety Reports – Incomplete building works

• If upon arrival it is clearly evident to FRNSW staff that significant building works are still being undertaken and the building is not appropriate for inspection, FRNSW will: advise the PCA that the building is unsuitable for inspection leave the site without conducting a full inspection recommend the PCA withdraw the FFSR application and refuse

the application for OC. Note: Buildings works subject to the application for OC must be completed and (re)certified prior to a new application for OC being made, and its corresponding FFSR application.

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Final Fire Safety Reports – Incomplete building works

• When notified of the incomplete building works, the PCA must advise FRNSW in writing if they agree to withdraw the FFSR application. If the PCA disagrees, FRNSW will furnish an FFSR stating the building was incomplete and unsuitable for inspection, and should not be occupied.

Significant building works will be defined.

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Final Fire Safety Reports - Critical defects on fire safety measures

• If only finishing works are being undertaken, FRNSW will conduct a full inspection of the building (or relevant parts of) that is subject to the application for OC.

• If during the inspection any critical defect is identified, FRNSW will: advise the PCA of the critical defect/s and discuss possible

rectification works as appropriate schedule and conduct a re-inspection if the degree of rectification

works can be done in a timely manner that allows the FFSR to still be furnished within seven (7) days

furnish an FFSR identifying critical defects within seven (7) days if rectification works cannot be done in a timely manner.

Note: The critical defect must relate to part of the building subject to the application for OC.

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Final Fire Safety Reports - Critical defects on fire safety measures

• A critical defect is any defect that renders a required fire safety system completely inoperative and will have a significant adverse impact on occupant safety.

Note: A critical defect does not allow FRNSW to assess whether the building works for the relevant fire safety provision is compliant. • If critical defects exist, FRNSW will furnish an FFSR stating that the

building does not comply with required fire safety provisions and should not be occupied. The FFSR will recommend that the application for OC be refused and a new application made when all rectification works have been completed and certified (or re-certified).

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Final Fire Safety Reports

• Where no critical defect exists, FRNSW may require the function and/or performance of various fire safety systems be demonstrated during the inspection to determine FRNSW satisfaction with the system.

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Questions

Jamie Vistnes Manager - Fire Safety Policy Unit | E Jamir.Vistnes@fire.nsw.gov.au | T (02) 9742 7434 | www.fire.nsw.gov.au