5.1 Fire Risk Management

Protecting clients

Protecting clients from fire risk is an important part of their care. The service agreement acknowledges that an organisation is responsible for complying with all laws relating to fire protection, health and general safety that apply to any premises from which the organisation operates, irrespective of whether the relevant regulatory requirements place the obligation on the owner or occupier of those premises.

An organisation entering into a service agreement must have in place an appropriate system to protect people under its care. For this reason, the department is keen to clarify its role and the role of the organisation in protecting the department's clients from fire risk.

Services provided in own home

For services provided to clients in their own home (whether rented or owned by the client), the department expects that the client (and where appropriate, the owner of the premises) will have responsibility for their own fire safety and ensure that the premises meet all relevant building by-laws, regulations or legislation, including retrospective obligations.

The department notes that the relevant authorities (for example, local councils) are charged with enforcement of fire safety provisions.

Responsibility for a client's fire safety is not specifically part of the service funded but is implied through common law or other duty of care requirements.

Other services

For services other than in the client's home, the organisation is required to ensure that the people in its care are appropriately protected from fire risk. This includes premises, operational readiness and client placement.

Premises

The department expects that the premises meet the relevant building by-laws, regulations or legislation in force at the time of construction, including provisions that apply retrospectively (for example, requirement for smoke alarms). Any subsequent building works shall meet the relevant building approval provisions at the corresponding time.

Where this is not the case, or where the organisation determines that the premises do not provide an appropriate level of fire safety, the organisation is expected to ensure that the premises are brought up to standard.

The department notes that the relevant statutory authorities (for example, local councils) are charged with enforcement of fire safety provisions.

Operational readiness

The organisation must ensure that appropriate operational readiness measures are developed, implemented and reviewed. This includes (but is not limited to) fire emergency management and evacuation procedures, training of staff to implement the procedures developed, and maintenance of fire safety systems.

Client placement

Where the organisation selects the clients for bed-based services, the organisation must determine whether the premises are suitable for the client to be evacuated safely, taking into account the fire systems installed and the capacity of the client to evacuate. Where changes occur that may affect the client's ongoing ability to evacuate safely, the suitability of the placement must be reassessed immediately and appropriate action taken as soon as possible.

Where the organisation does not select the clients, the organisation is still required to monitor any relevant changes that may affect the client's ongoing ability to evacuate safely, assess the suitability of the placement, and take appropriate action as soon as possible.

Table 2 Fire safety - additional requirements

Standard No.	Name of Standard	Application (summarised - see Figure 4)	Departmental Guideline accompanying the standard	Fire Safety Certificate No.
1	Lead Tenant/Home Based Care Services Fire Safety Standard	Lead tenant or bed-based service provided to persons in carer's own home	Not applicable	Not required
2	Support Service Only Fire Safety Standard	Service provided to persons in their own home	Not applicable	Not required
3	Relevant Authorities Fire Safety Standard	Bed-based service (not a private home) either: WITHOUT 24 hour rostered/live in staff support or supervision; or WITH 24-hour rostered/live in staff support or supervision in non-government owned premise, but NOT intended to house statutory clients	Not applicable	Fire Safety Compliance - Certificate No. 3 (word - 76.0 kb) (download help)
4	Department's Fire Risk Management Standard	Bed-based service with rostered/live in staff support/supervision in premises owned or leased by the State Government	Capital Development Guidelines, Series 7, Fire Risk Management	Fire Safety Compliance - Certificate No. 4 (word - 76.0 kb) (download help)
5	Non-Government Organisation Premises Fire Safety Standard	Premises (not a private home) owned or leased by agency with bed-based service receiving rostered/live in staff support/supervision intended to house statutory clients	Capital Development Guidelines, Series 7, Fire Risk Management	Fire Safety Compliance - Certificate No. 5 (word - 80.0 kb) (download help)

To check which standard applies, refer to Figure 4.

If you have any questions about the application of fire safety standards in the premises from which services are delivered to clients, contact your DHS Program and Service Advisor (PASA).

Compliance certification process

The CEO (or equivalent) of an agency that provides bed-based services (under standards 3, 4 and 5 - see table 2) is required to complete and provide the department with the relevant fire safety certificates as part of the service agreement process. Even though the service agreement is for a three-year period, the certificates must be completed annually. This ensures that the organisation provides certification to the department that they have checked all relevant services and that they meet, and will continue to meet, the department's fire safety requirements. The CEO must have appropriate procedures in place to ensure ongoing maintenance and reporting.

The annual certificates to be used are included on the forms and certificates page of this site.

Certificates covering each financial year must be received by 30 September in the following financial year or at a date agreed with the PASA.

Fire incident and false alarm reports - incident reports

Organisations are required to provide fire incident and false alarm reports to the Department of Human Services following the department’s incident reporting instruction and reporting process. Refer to Section 5.3 of this document (link to Incident reporting departmental instruction 2008 on the Funded Agency Channel site). Fire incident and false alarm reports should be lodged using the Incident Report form as soon as possible after the incident.

Definitions

• Bed-Based Service - A service contracted to provide overnight accommodation for clients.
• Lead Tenant - A service which provides semi-independent accommodation in a household for people who are in transition to independent living using a live-in volunteer to facilitate a supportive environment.
• Private Home - A home owned by the occupant(s), or a home formally or informally leased by the occupant(s).
• Statutory client - Children for whom the department has custody or guardianship; and Persons with a disability receiving services pursuant to the Intellectually Disabled Persons' Services Act 1986 or the Disability Services Act 1991.
• 24 hour support or supervision - Staff support or supervision is provided whenever clients are in residence and includes active night rosters, sleepover rosters and 24 hour worker model.

Figure 4 Determining appropriate fire safety standards

Fire safety standards

Lead tenant / Home-based Care Services Fire Safety Standard (Standard No. 1)

Type of service:
Services provided from carer's own home (whether owned or rented by the carer) or Lead tenant

The organisation is required to make certain that persons under its care are appropriately protected from the risk of fire. This protection includes:

• obtaining an assurance from the building owner that smoke alarms have been installed in accordance with the requirements of the Building Regulations
• implementing strategies in response to clients with known or suspected fire lighting tendencies. This includes:
  • seeking assessment for the person, to determine the severity of the behaviour and the likely risks
  • identifying strategies for managing and modifying the behaviour and addressing related causal issues, as part of the Case Plan and Individual Plan
  • actively implementing these strategies
  • referral to appropriate services to modify fire lighting behaviour to a safe level and
  • ensuring an adequate level of fire safety management in the household.

Where the organisation selects the clients, the organisation must determine whether the premises are suitable for the client to be evacuated safely, taking into account any fire safety systems installed, and the evacuation capacities of the client. Where changes may affect the client's ongoing ability to evacuate safely, the suitability of the placement must be re-assessed, and appropriate action taken.

Where the organisation does not select the clients, the organisation must still monitor any relevant changes that may affect the client's ongoing ability to evacuate safely, assess the suitability of the placement, and take appropriate action.

Support Service only Fire Safety Standard (Standard No. 2)

Type of service:
Services provided to clients in their own home (whether rented or owned by the client)

The department expects that the client (and where appropriate the owner of the premises) is responsible for their own fire safety and ensuring that the premises meet all relevant building by-laws, regulations or legislation, including those that apply retrospectively.

The department notes that the relevant statutory authorities (for example, local councils) are charged with enforcing fire safety provisions.

The responsibility for a client's fire safety is not specifically part of the service purchased from the organisation, but is implied through common law (or other duty of care) requirements.

Relevant Authorities Fire Safety Standard (Standard No. 3)

Type of service:
Bed-based with 24 hours rostered/live in staff support/supervision

Premises*: Not State government owned, nor private home, where the department's Fire Risk Management Standard has not been specified or the service is not intended specifically to house statutory clients.

Other: Where the department's Fire Risk Management Standard has not been specified (service is not intended specifically to house statutory clients)

Type of service:
Bed-based without 24 hours rostered/live in staff support/supervision

Premises*: Not private home

May include some disability, placement and support, mental health, drug and alcohol, Supported Accommodation Assistance Program (SAAP) and aged care centre-based overnight respite residential services

The organisation is required to make certain that the persons in its care are appropriately protected from risk from fire. This protection includes:

• Premises - The department expects that the premises meet all relevant building by-laws, regulations or legislation, including provisions that apply retrospectively (for example, requirement for smoke alarms). It is expected that the premises were constructed to meet the requirements of relevant building by-laws, regulations or legislation in force at the time of construction and that building works have been undertaken in accordance with relevant building approval provisions since that time.

  Where this is not the case, or where the organisation otherwise determines that the premises do not meet a standard which provides an appropriate level of fire safety, the organisation is expected to ensure that the premises are brought up to provide an appropriate level of fire safety protection.

  The department notes that the relevant statutory authorities (for example, local councils) are charged with enforcement of fire safety provisions.
  
  * in each case a reference to premises refers to those premises from which the service (which is subject to this service agreement) is provided.

• Operational readiness - The organisation must ensure that appropriate operational readiness measures are developed, implemented and reviewed. This includes (but is not limited to) development of fire emergency management and evacuation procedures, training of staff to implement the procedures developed, and maintenance of fire safety systems.
• Maintenance of Essential Safety Measures - The organisation shall ensure that all essential safety measures (including all fire safety equipment/systems) are being adequately maintained, in accordance with the Building Regulations.

  Completion of the weekly checklist for Disability Services and Placement & Support will assist in providing documentation to support completion of the annual Essential Safety Measures Report, which can be accessed on the department's website at http://www.dhs.vic.gov.au/pubs.htm (external link)

• Client placement - Where the organisation selects the clients, the organisation must determine whether the premises are suitable for the client to be evacuated safely, taking into account any fire safety systems installed and the evacuation capacities of the client. Where any relevant change may affect the client's ongoing ability to evacuate safely, the suitability of the placement must be immediately reassessed and appropriate action taken as soon as possible.

  Where the organisation does not select the clients, the organisation must still monitor any relevant changes that may affect the client's ongoing ability to evacuate safely, assess the suitability of the placement, and take appropriate action as soon as possible.

• Fire Safety Certification - Fire Safety - Certificate No. 3 (word - 76.0 kb) (download help) must be returned by 30 September in the following financial year or by a date to be agreed between the agency and the department's PASA. This date will take into account any relevant upgrading works that are scheduled.

The department's fire risk management standard (Standard No. 4)

Type of service:
Bed-based with rostered/live in staff support/supervision. May include disability (including respite), placement and support, secure welfare, juvenile justice, mental health, drug and alcohol, and SAAP residential services.

Premises*:
Owned or leased by the State Government (the Crown, the Secretary of the Department or the Director of Housing), but not rental general stock.

Capital Development Guidelines, Series 7, Fire Risk Management (the relevant guidelines applicable for specific occupancy types for which the organisation has responsibility). The guidelines can be accessed on the department's Internet site (Publications section under the heading of Financial and Corporate Services Division, Capital Management Branch, 'Fire Risk Management Guidelines').

The organisation is required to make certain that persons in its care are appropriately protected from risk from fire. This protection includes:

• Premises - The department will fulfil its responsibilities as owner of the premises by upgrading the premises to meet the requirements of the Capital Development Guidelines, Series 7, Fire Risk Management (as amended from time to time) applicable to the premises*.

  The organisation must ensure that any non-compliance with these guidelines that it becomes aware of is reported to the building owner (the appropriate representative of the Crown, the Secretary or the Director of Housing, as relevant) so that remedial action may be taken.
  
  * in each case a reference to premises refers to those premises from which the service (which is subject to this service agreement) is provided.

• Operational readiness - The organisation must ensure that appropriate operational readiness measures are developed, implemented and reviewed as a minimum in accordance with Australian Standards: AS 4083-1997, Planning for emergencies - Health care facilities and AS 3745-2002, Emergency Control Organization and Procedures for Buildings as appropriate. This includes (but is not limited to) development of fire emergency management and evacuation procedures, training of staff to implement the procedures developed, and conducting regular evacuation drills.

  For organisations providing disability and/or placement and support residential services, operational readiness measures shall be in accordance with the department's Fire and Emergency Response Procedures and Training Framework (as amended from time to time). The framework can be accessed on the department's webs 'Fire and Emergency Response Procedures and Training Framework').

• Maintenance of Essential Safety Measures -

  The department will fulfil its responsibilities as owner of the premises by maintaining fire safety systems. The organisation must ensure that any factor that may affect the performance or operation of fire safety equipment, fire safety fittings, fire safety measures, exits and essential services that it becomes aware of is reported to the building owner. Completing the weekly checklist will assist in providing documentation to substantiate adequate maintenance of essential safety measures.

• Client placement - Where the organisation selects the clients, the organisation must determine whether the premises are suitable for the client to be evacuated safely, taking into account any fire safety systems installed and the evacuation capacities of the client. Where any relevant change may affect the client's ongoing ability to evacuate safely, the suitability of the placement must be reassessed immediately and appropriate action taken as soon as possible.

  Where the organisation does not select the clients, the organisation must still monitor any relevant changes that may affect the client's ongoing ability to evacuate safely, assess the suitability of the placement, and take appropriate action as soon as possible.

• Fire Safety Certification - Fire Safety Certificate No. 4 (word - 76.0 kb) (download help) must be returned by 30 September in the following financial year, or by a date to be agreed between the organisation and the department's PASA. This date will take into account any relevant upgrading works that are scheduled.

Funded Organisation (owned / leased) premises fire safety standard (Standard No. 5)

Type of service:
Bed-based with rostered/live in staff support/supervision for statutory clients. May include disability (including respite), placement and support, mental health, drug and alcohol and SAAP residential services.

Premises*:
Owned or leased by the organisation, but not a private home

Capital Development Guidelines, Series 7, Fire Risk Management (relevant guidelines applicable for specific occupancy types for which the organisation has responsibility). The guidelines can be accessed on the department's website (Publications section under the heading of Financial and Corporate Services Division, Capital Management Branch, 'Fire Risk Management Guidelines').

The organisation is required to make certain that the persons in its care are appropriately protected from risk from fire. This protection includes:

• Premises - The premises must meet the requirements of the relevant Capital Development Guidelines, Series 7, Fire Risk Management (as amended from time to time) applicable to those premises*. The department will discuss the process of fire safety assessment and upgrade works and availability of funds (where this has not already been done) to meet these requirements.

  * in each case a reference to premises refers to those premises from which the service (which is subject to this service agreement) is provided.

• Operational readiness - The organisation must ensure that appropriate operational readiness measures are developed, implemented and reviewed as a minimum in accordance with Australian Standards: AS 4083-1997, Planning for emergencies - Health care facilities and AS 3745-2002, Emergency Control Organization and Procedures for Buildings as appropriate. This includes (but is not limited to) development of fire emergency management and evacuation procedures, training of staff to implement the procedures developed, and conducting regular drills.

  For organisations providing disability and/or placement and support residential services, operational readiness measures shall be in accordance with the department's fire and emergency response procedures and training framework (as amended from time to time). The framework can be accessed on the department's website (Publications section under the heading of Financial and Corporate Services Division, Capital Management Branch, 'Fire and Emergency Response Procedures and Training Framework').

• Maintenance of essential services - The organisation shall ensure that all Essential Safety Measures (including all fire safety equipment/systems) are adequately maintained in accordance with the Building Regulations.

  Completion of the weekly checklist for Disability Services and Placement & Support will assist in providing documentation to support completion of the annual Essential Safety Measures Report.

• Client placement - The organisation must determine whether the premises are suitable for the clients to be evacuated safely, taking into account any fire safety systems installed, and the evacuation capacities of the client. Where any relevant change may affect a client's ongoing ability to evacuate safely
  
  
• Fire Safety Certification - Fire Safety Certificate No. 5 (word - 80.0 kb) (download help) must be returned by 30 September in the following financial year or by a date to be agreed between the agency and the department's PASA. This date will take into account any relevant upgrading works that are scheduled.