Reasons why upgrades may be required
Strata buildings must comply with a number of laws, regulations and standards to ensure fire safety. The building's fire safety measures must be maintained at a minimum standard of performance. Upgrades to fire safety measures may be required for the following reasons.
Fire safety orders
Local councils or Fire and Rescue NSW may issue fire safety orders under Division 9.3 of the EP&A Act in response to fire safety concerns. These orders can mandate upgrades or new installations to ensure that the building is partially or fully compliant with the Building Code of Australia (BCA).
Development Applications for change of use
When a Development Application (DA) proposes a change in building use, authorities must ensure the building’s fire protection and structural capacity suit the new use. It's essential that the building complies with category 1 fire safety provisions such as sprinklers, smoke detection, and emergency egress.
Development Applications involving building work
Authorities may require upgrades to meet BCA standards if proposed and previous building work together exceed half the building’s volume, or if current fire safety measures are inadequate.
Complying Development Certificates (CDC)
Similar to DAs, CDCs for building work or change of use must consider fire safety upgrades under sections 142 and 143 of the EP&A Regulation 2021.
Smoke alarm provisions
Building owners must install smoke alarms in homes and buildings where people sleep. The required locations and specifications for smoke alarms are outlined in Part 13 of the EP&A (Development Certification and Fire Safety) Regulation 2021.
When upgrades are not required
Building owners are not required to upgrade fire safety measures to newer standards simply as part of routine inspection and maintenance conducted by a fire maintenance company.
Upgrades are only required if the existing measure/s fails to meet minimum standard of performance as specified on the building’s fire safety schedule. These upgrades will be required through either a fire safety order or other statutory approval process.
Fire safety schedules define the minimum standard of performance that must be maintained for each measure. They do not require measures to be unnecessarily upgraded if they already meet the standards.