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Fire safety study (FSS) process

What is the FSS?

The FSS is a risk management document specific to the fire and explosion risks associated with any proposed development application (DA) that is deemed to be hazardous, or potentially hazardous. The objective of the FSS is to ensure that existing or proposed fire safety measures are appropriate to specific fire hazards and adequate to any potential fires for the development.

The FSS comprises two elements: the study and the report. The study is prepared at the initial design stage and is founded by ‘classic’ risk management framework which aligns with accepted standards (e.g. ISO 31000:2018 Risk Management – Guidelines). The results of this study should then be incorporated into the design, where the report is used to justify design decisions.

What is the legal framework for an FSS?

Under the Environmental Planning and Assessment Act 1979, State planning controls provide for the assessment of ‘Hazardous and offensive development’ during the planning stage (i.e. pre-DA approval). Chapter 3 of the State Environmental Planning Policy (Resilience and Hazards) 2021 (SEPP) defines a hazardous storage establishment, hazardous industry and potentially hazardous industry, and the need to consider current Department of Planning, Housing and Infrastructure (DPHI) circulars or guidelines when determining whether the development is hazardous.

Reference should be made to the DPHI website (www.planning.nsw.gov.au) for guidance on hazardous development, including published Hazardous Industry Planning Advisory Papers (HIPAPs) relating to the SEPP.

How is the FSS initiated?

The requirement for an FSS can occur via one of the two following ways:

1. Upon receiving the DA, the relevant consent authority is to assess whether it may be potentially hazardous, and if so, direct the owner to undertake a preliminary hazard analysis (PHA). If the PHA identifies the proposal is particularly hazardous the Planning Secretary (i.e. DPHI) may determine the development should not be approved or require a FSS to be prepared. If approval is granted subject to a FSS, the FSS is to be undertaken during the preliminary design stage as outlined within the DPHI hazardous industry guidelines and HIPAPs.
2. A recommendation may be made by FRNSW to the Planning Secretary that a FSS be undertaken, following review of the DA documents by FRNSW. This recommendation may be made when (but not limited to):
   • the development poses elevated levels of fire and/or explosion risk due to the nature or quantity of materials stored
   • there are unique site constraints or processes that limit the effectiveness of conventional mitigation strategies and measures
   • there is potential for catastrophic consequences resulting from any significant event
   • the existing premises has a demonstrated history of events and associated incidents
   • the fire and/or explosion risks are considered outside of scope of the National Construction Code (NCC)
   • there is significant potential for a ‘domino’ type escalation of events
   • there is limited capacity or capability for attending emergency services to safely manage and/or mitigate an incident.

Irrespective of how the FSS is initiated, the requirement to undertake the FSS is imposed as a Condition of Consent under the relevant planning instrument when the development approval is granted. The Condition should direct the owner (or their representatives) to undertake the FSS in accordance with HIPAP No 2 – Fire Safety Study Guidelines and submit to FRNSW prior to the construction stage (e.g. before any construction certificate), and require the FSS be approved by FRNSW or developed to its satisfaction.

What if a performance-based design (performance solution) is also being proposed?

The purpose of the FSS is to address hazardous risks and their potential impact to human health, life, or property, or to the biophysical environment. The FSS also looks at the holistic impact the development may have on the locality, which includes existing premises or future development on other land. The FSS will most likely identify fire safety measures and requirements that should be incorporated into any final design, which sometimes may be additional and above the minimum NCC requirements for a given building.

A performance-based building design involves developing a performance solution for a building to comply with the NCC. Such development involves separate referral processes under the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, including consultation on the performance-based design brief (PBDB) and assessment of the performance solution report (PSR) for the purpose of an initial fire safety report (IFSR). The PSR is a ‘final report’ used to verify the performance-based building design satisfies the NCC performance requirements.

The FSS is a holistic first-principles assessment that considers fire and explosion risks beyond that addressed by the NCC (i.e. provision for special hazards). Likewise, the PBDB and PSR will address matters outside the scope of a FSS, but still pertinent to the fire and life safety aspects of design (e.g. occupant tenability, egress). However, it is important that the FSS be undertaken at the initial design stage so that any relevant hazards identified can be considered within the PBDB and PSR as applicable and FRNSW recommendations can be included within any performance-based design being proposed.

Note: If any aspect of a performance-based design is not consistent with the FSS (e.g. fire sizes, proposed measures etc.) and/or FRNSW recommendations are not being adopted in the final design, the owner (or their representatives) should give reasons in writing.

How should the FSS be undertaken?

The FSS should be undertaken in accordance with HIPAP No 2 – Fire Safety Study Guidelines during the initial design stage, then submitted to FRNSW using the FRNSW report (other) application form. Following review by FRNSW, any recommendations made should be adopted into the final design and FSS, including within the PBDB and PSR if a performance-based building design is involved.

The owner should engage a risk consultant who is experienced in risk management of hazardous industry and the HIPAP process to undertake the FSS, along with input from a fire engineer for engineering analysis and assessment, and any other relevant expert where required. It is important to holistically identify and treat all site hazards through risk management techniques and not just address NCC performance requirements. This includes quantifying risks to determine the adequacy of any fire safety provisions (e.g. minimum performance of a fire hydrant system for the fire risk).