Department of Customer Service: Competent Fire Safety Practitioners (CFSPs), EP&A Regulation

The Secretary of Department of Customer Service has decided to delay recognising the scheme whereby persons accredited by the Fire Protection Association Australia (FPAA), as competent fire safety practitioners (CFSPs), largely due to the impact the COVID-19 pandemic, at this stage until 1 July 2020.

As you may be aware, the scheme was intended to commence on 6 April 2020.

Consequently, there is no change to current requirements regarding the responsibility of deciding who is a CFSP for the purposes of the relevant provisions of the Environmental Planning and Assessment Regulation 2000 (EP&A Regulation). For clarity, these are set out as below.

Responsibility of the certifier or relevant certifier to decide who is a CFSP for certain fire safety assessment functions

The certifier or relevant principal certifier, must provide a written opinion, that the person is competent to perform the fire safety assessment functions, under clauses 130, 136AA, 144A, 146B and 164B of the EP&A Regulation. This includes the endorsement of plans and specifications of a relevant fire safety system (as defined by clauses 136AA and 146B of the EP&A Regulation) before they are installed.

An alternative to having plans and specifications of a relevant fire safety system endorsed by a CFSP, is to submit, a compliance certificate, referred to in section 6.4(e) of the Environmental Planning and Assessment Act 1979, certifying compliance with the relevant provisions of the Building Code of Australia, to the principal certifier.

Responsibility of the building owner to decide who is a CFSP for certain fire safety assessment functions

The building owner must provide a written opinion that the person is competent to perform the fire safety assessment functions under Divisions 4 and 5 of Part 9 of the EP&A Regulation including assessment of essential fire safety measures for an annual fire safety statement and the assessment of critical fire safety measures for a supplementary fire safety statement.

Further updates will be provided regarding commencement of the scheme under clause 167A of the EP&A Regulation as soon as this information becomes available .

 


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