Why do we need an AS1851 FAQ?
Fire protection is a critical aspect of building management, and in New South Wales, the Australian Standard AS 1851-2012 plays a pivotal role in ensuring the routine service of fire protection systems and equipment. This standard will become mandatory from February 13, 2025. It outlines comprehensive guidelines for the inspection, testing, and maintenance of essential fire safety measures. In the period of transition to this mandatory standard, there will be many questions from both fire protection practitioners and their clients. In this AS1851 FAQ we will attempt to answer as many of these questions as possible. If there is something that we miss, the please reach out, and we will endeavour to find the answer for you.
What led to the adoption of AS1851?
In 2015 the NSW Coroner’s Office found that Pinkang Connie Zhang, a very promising 21 year-old university student, died on 6 September 2012 as a result of multiple injuries she received when she fell from the ledge outside the rental unit she occupied in Bankstown. This fall occurred in an attempt to escape from a fire that was burning in that unit. Her friend, Ginger, also jumped to escape the fire and received long term injuries.
Based on the investigation, the Coroner found that there were several deficiencies in the fire safety measures of the apartment building in question.
In response, in the Coroner’s report, Magistrate Hugh Dillon, Deputy State Coroner for NSW, recommended that Australian Standard AS 1851-2012 be mandatory in NSW buildings.
In 2017, the Grenfell Tower disaster happened in London, and this event drew global attention to the necessity for adequate fire protection measures. This provided additional emphasis for reform of fire protection standards in NSW.
What is Australian Standard AS 1851?
Australian Standard 1851-2012 is the most recent Australian Standard for the routine service of fire protection systems and equipment. It serves as a detailed instruction manual for competent personnel, specifying how often each fire safety measure should be inspected and the exact steps to undertake during each inspection. This standard covers a wide range of fire safety equipment, including smoke alarms, fire hydrants, sprinklers, pump sets, and fire detection systems. Discover more about Australian Standard AS 1851 in this article.
When does it become law?
The legislative changes incorporating AS 1851-2012 (Australian Standard 1851:2022) becomes enforceable on 13th February 2025. From this date, buildings must comply with the requirements for the maintenance of fire protection systems and equipment.
The legislation mandating AS1851 in NSW was introduced in December 2022, with full enforcement starting in February 2025. This change means that building owners have a legal requirement to maintain their fire safety measures in accordance with AS1851. Previously, many fire protection companies used AS1851 as a guideline rather than a strict requirement, leading to varied maintenance practices.
If a site doesn’t require AFSS by council previously,
1. Will they be required to have one after 1851 become law?
2. How are we going to support them given that they do not have EFSMs yet?
1. No. If the council has not previously required an Annual Fire Safety Statement (AFSS), they may not automatically require one after the 13th February 2025 change. However, certain fire safety systems that fall under AS 1851 may necessitate an AFSS depending on the fire protection measures in place at the site.
2. How we can support: If needed, we will suggest that you engage the services of a BCA Consultant on an A1 Certifier to establish the sites Essential Fire Safety Measures.
How will this affect the current contract?
As more items will be required for ongoing compliance, this may result in variations or new contracts. These changes could include additional testing and inspections that must be scheduled based on the updated standards. REDMEN will work with you to make this changes seamless.
If I ask for documentation showing proof of the legislative changes, what document/s can we send out?
We can provide official documentation from NSW Government legislation along with links to the NSW website. Specifically, we can refer them to updates on the Environmental Planning and Assessment Act 1979 and documentation related to AS 1851:2012.
How do we approach clients only having Annual inspection currently and then will be required to have six monthly inspection after the law comes into effect?
REDMEN will communicate the upcoming changes early and educate clients about the transition from annual to six-monthly inspections under AS 1851. Offering consultation services to plan and implement these inspections efficiently will ensure they are compliant by February 2025
When it becomes law next year, are we given time to comply? how long?
Typically, new regulations allow for a transition period to help sites adjust. However, as per past legislative changes, the exact grace period and enforcement strategy will likely be outlined by the relevant authorities in early 2025. Clients should be encouraged to act quickly to ensure compliance.
Who will be responsible to enforce and police this changes? How strict will the implementation be and is there a grace period?
Enforcement will fall under the jurisdiction of local councils and fire safety authorities, such as the NSW Fire Brigade. The Environmental Planning and Assessment Act 1979 outlines compliance monitoring and enforcement, including penalties for non-compliance.
How will these changes affect testing of fire safety measures?
Fire safety measures will need to adhere to the frequency and method of testing outlined in AS 1851, which includes more frequent inspections for certain systems. This may affect costs and operational planning for site management.
How will these affect testing and defects reported for my building?
Under the new standard, any defects identified thru DARNs during inspections must be addressed within the mandated timeframes. Sites will be expected to act on repairs or upgrades promptly to avoid penalties or insurance issues.
Who is responsible for ensuring compliance with Australian Standard 1851?
Building owners and facility managers are responsible for ensuring that their fire safety equipment and systems are maintained according to AS 1851. Fire safety service providers like us can assist in compliance but ultimate accountability lies with the site owner.
Is it my responsibility to have my fire equipment tested? Or the fire company looking after my site?
It is the building owner’s responsibility to ensure fire equipment is tested. However, the fire service provider (e.g., REDMEN) will conduct the tests as per the contract. Both parties play a critical role in maintaining compliance.
Can we request changes to our Fire Safety Schedules?
Yes, under the Environmental Planning and Assessment Act, you can request modifications to your Fire Safety Schedule from your local council if you believe certain fire safety measures are no longer necessary or if the building’s use has changed. You may need to also engage the services of an A1/BCA Certifier for this.
Is there a penalty if it is still undergoing completion after the given time frame?
Yes, penalties apply under the EP&A Act 1979 if a site fails to comply with fire safety regulations. This may include fines or legal action for breaches of fire safety obligations.
What if I don’t have baseline data?
If no baseline data exists, AS 1851 outlines procedures for establishing performance benchmarks for fire safety systems. We can help by conducting a thorough site inspection to create this baseline and ensure ongoing compliance.
What measures does AS 1851 cover? Are they all being maintained correctly currently?
AS 1851 covers a wide range of fire protection systems including sprinklers, alarms, smoke detectors, and extinguishers. We can assess whether these measures are being properly maintained and provide a maintenance plan for any gaps.
We only lease a space in this building- who will make arrangements with the building owner?
Typically, the building owner is responsible for fire safety systems in common areas. However, tenants should ensure they comply with any specific fire safety requirements within their leased area. We recommend liaising with the building owner regarding any necessary arrangements.
What’s the accountability of REDMEN should clients have done their part to be compliant but was deemed non-compliant?
If a client has followed all fire safety advice and measures provided by REDMEN but is still deemed non-compliant, REDMEN should assist in rectifying the issues. Liability, however, would depend on the specifics of the situation and the contract terms.
Will the yearly condition report now be mandatory to supply?
Yes, AS 1851 requires that all fire safety equipment undergo regular inspections, and condition reports will be mandatory to demonstrate compliance.
If the building owner has an existing fire protection contract – can we still get our own for our store?
Yes, you can install additional fire safety measures in your leased space if required, but this must be coordinated with the building owner to ensure compliance with the overall building’s fire safety plan.
This is just a start up company, can we pay in installment?
Payment options, including installments, can typically be discussed as part of the service agreement. We are open to discussing flexible payment plans to accommodate the needs of your startup.
Will the additional Annual Testing that were not mandatory previously be mandatory as part of the measures in AFSS? Will council specify the needed testings in the EFSM of the site?
Yes, the updated AS 1851 will likely include more comprehensive testing requirements for fire safety systems, which may be incorporated into your AFSS.
What happens if a building or facility does not comply with Australian Standard 1851?
Non-compliance can result in penalties under the EP&A Act, including fines, increased insurance premiums, and potential enforcement action by local authorities. It is critical to maintain compliance to avoid these risks.
Our facility is empty and has not had a tenant in 2 years, and we have shut off the water and electricity to it, how does this affect us?
Even if the facility is vacant, certain fire safety systems, such as alarms and sprinklers, must still be maintained under AS 1851. Shutting off utilities like water and electricity does not exempt the building from fire safety obligations.
The council looks after us, are we impacted with these changes?
Yes, even if the council is responsible for your building’s fire safety, the updated AS 1851 standards will apply. We recommend contacting the council for clarification on how these changes affect your responsibilities.
Our learners are home-based and our educators are the ones visiting their houses, do we still need to comply?
Compliance depends on the specific fire safety requirements for each site. If the homes are not classified as commercial premises, traditional fire safety inspections may not apply. However, educators should ensure that basic fire safety precautions are in place during visits.
What is the impact on Building Owners?
For building owners, the implementation of AS1851 will bring several changes. Maintenance regimes will become more stringent, and this means potentially increasing costs. For example, replacing 10-year-old smoke alarms, which was previously a recommendation, will now be mandatory under the yearly testing regime. However, these changes are expected to enhance overall fire safety, providing a higher level of protection for building occupants.
What are the record Keeping Requirements?
AS1851 places significant emphasis on record keeping. All servicing must be recorded onsite via physical logbooks, maintenance tags, or stickers. These records require meticulous maintenance and storage for seven years. This ensures that there is a clear history of all maintenance activities. This requirement places the onus on building owners to ensure that their contractors are complying with the standard.
What are the major servicing intervals?
In addition to regular monthly, six-monthly, and annual inspections, AS1851 introduces mandatory major servicing intervals at 5 years, 10 years, 15 years, 25 years, and 30 years for certain fire safety measures. These major services ensure that all components of the fire protection systems function correctly and can handle the demands of an actual fire emergency.
What if my question and answer is not in the AS1851 FAQ?
Please contact us today and we will endeavour to answer your questions. Who knows? Your question may then be published here in the AS1851 FAQ.
REDMEN: your AS 1851 solution provider
REDMEN Fire Protection Management is a NSW based fire protection services company and we know the industry inside and out. With offices in Sydney, Newcastle and the NSW Central Coast, we have hundreds of years of combined experience in fire protection. We have tracked the evolution of fire standards and legislation, and even been instrumental in their development.
The introduction of AS1851 as a mandatory standard in NSW marks a significant step forward in fire safety. While it may bring additional responsibilities and costs for building owners, the ultimate goal is to create safer environments for everyone. By adhering to the detailed guidelines of AS1851, building owners can ensure that their fire protection systems are always in optimal working condition, ready to protect lives and property in the event of a fire.
Our AS 1851 expert staff will provide a free walk-around to make sure that you are compliant with the legislation, and not at risk of legal jeopardy. There are severe financial penalties for non compliance. Just contact us today and we can set up an appointment today and we will be able to set your mind at ease.
