FAQs

VIctoria

Yes – Part 15 of the Building Regulations 2018 regulates safety measures maintenance to ensure the life safety of occupants in the event of an emergency or fire.

Schedule 8 of the Building Regulations 2018 provides a list of defined safety measures, these are considered essential safety measures that need to be installed in a building.  Additionally, a building surveyor may determine other items / installation of safety measures for the purposes of maintenance and these would be listed on an Occupancy Permit, Maintenance Determination or Maintenance Schedule for the building.

For buildings constructed or substantially altered / refurbished post-1994, an Occupancy Permit or Maintenance Determination should exist for the building and contain a list of Essential Safety Measures within the building as well as the required maintenance details as determined by a relevant building surveyor.  These documents, if you do not already have a copy, can be obtained from your local council and application forms are available on the council building department website.

For buildings constructed pre-1994, this information will not necessarily be expected to currently exist.  An owner may, under Regulation 219 of the Building Regulations 2018, apply to a municipal or private building surveyor to prepare a maintenance schedule for the building complying with Regulation 222.  This document would then provide the list of safety measures and the required maintenance details to be followed.

All Class 1b, 2,3,4 (Part), 5,6,7,8 and 9 buildings and places of public entertainment as defined under Section A3.2 of the National Construction Code regardless of the building floor area or whether the building is current occupied or vacant.

Each safety measure identified by the relevant building surveyor will list the required maintenance frequency and the standard of maintenance required, often referencing an Australian Standard.  The Australian Standards require a “competent person” to undertake the required maintenance and this could consist of an electrician, plumber, fire service tester, HVAC contractor, passive ESM contractors etc.  TESG can provide further guidance to clients regarding suitability of contractors as well as advice on service provider tenders and contracts to ensure maintenance responsibilities are covered.

Generally, the owner of the property is responsible under the Building Regulations 2018 for maintenance of safety measures and annual certification via the Annual Essential Safety Measures Report.

However, maintenance of exits and paths of travel under Regulation 228 are the responsibility of the building occupier. They are responsible for this maintenance, as well as any other safety measures listed on an Occupancy Permit or Maintenance Determination which imposes a condition of the occupier to maintain.

An Annual Essential Safety Measures Report (AESMR) is required to be produced on a yearly basis on the anniversary date (being either the date of the first Occupancy Permit or Maintenance Determination issued for the building or June 13th).  This document does not need to be displayed or provided to council, however it must be available within 24 hours of being requested by authorities.

The building owner must prepare and sign the AESMR or they can appoint an agent to prepare and sign the AESMR on their behalf.  TESG can be engaged as the owners agent to conduct audited verification and obtain an annual sign off statement from the contractor to confirm maintenance requirements are being complied with. TESG will fully complete the AESMR process for the owner to ensure their statutory obligations are being satisfied.

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Maintenance of some safety measures requires the contractor to hold appropriate licencing, such as power supply system, lifts, HVAC services and electrical measures, however many other items only require a provider to be suitably qualified and competent.

Currently, interim measures are in place regarding plumbing licencing requirements to conduct some fire services maintenance.  Future requirements for maintenance of fire hydrants and fire hose reel systems will be that a plumbing registration will be required.

Building notices and building orders may be issued by the municipal building surveyor directing actions and works that must be undertaken, or even include prohibiting the occupation of the building where deemed unsafe.

Infringement notices may also be issued by the municipal building surveyor, with fines in line with the penalty units documented in the Building Regulations 2018.

Primarily enforcement of non-compliances is managed by the municipal building surveyor with the support of Fire Services Victoria where appropriate.

Normally, the municipal building surveyor will initially issue the owner with a building notice requiring the owner to make representations to the council as to why listed actions should not be taken.  This initial opportunity allows owners to rectify any non-compliance issues and TESG regularly assists owners in satisfying these actions and provides required responses to council and assists in satisfying the building notice.

In more serious cases or where an owner fails to action the building notice, the municipal building surveyor will issue a building order requiring the owner to complete actions within a specified timeframe.  This may also be accompanied with an infringement notice in some cases.

In all cases, a process exists through the Building Appeals Board for owners to appeal the requirements of the building notice or order.  TESG building surveyors can provide expert advice and assist through this process.

New South Wales

Yes – They are  regulated under the Environmental Planning & Assessment Regulations 2000 to ensure the essential fire safety measures are maintained and continue to operate to their design purpose ensuring the safety of persons using the building in the event of a fire.

Fire safety measures include items of equipment, forms of constructions or fire safety strategies that are provided in a building. Clause 165 of the Environmental Planning & Assessment Regulations provides definitions and lists of both essential fire safety measures and critical fire safety measures.

Essential fire safety measures are identified in the fire safety schedule issued for the building (where a schedule was required to be issued) or they can also be on the essential services list attached to an approval or order issued by the Local Government Act 1993 (or earlier version).  If neither a fire safety schedule or essential services list exists for the building, the owner must engage a competent fire safety practitioner to conduct an onsite assessment to identify the essential fire safety measures in the building and the level of performance they are required to achieve.

All Class 1b, 2,3,4 (Part), 5,6,7,8 and 9 buildings and places of public entertainment as defined under Section A3.2 of the National Construction Code regardless of the building floor area or whether the building is current occupied or vacant.

Each essential fire safety measure is required to be maintained throughout the year in accordance with the relevant maintenance standards (AS1851, AS2293.2, AS1668 etc.) to ensure the continued performance of each measure in accordance with their design function.  This maintenance assists competent fire safety practitioners to then make accurate and informed decisions when assessing the performance of each fire safety measure at the required annual assessment.

The owner of a building is responsible for ensuring competent fire safety practitioners are engaged to conduct regular maintenance of essential fire safety measures within their buildings.  Under the Environmental Planning & Assessment Regulations they have responsibility for ensuring exit doors and paths of travel to exits are clear of obstructions.

An annual fire safety statement is required to be prepared annually for all buildings.  The assessment of the performance of each essential fire safety measure in the building must be conducted with 90 days prior to the due date of the assessment. The due date is determined by the date of the original fire safety schedule for the building and if unknown can be requested from the local council building department.  Alternatively, if no due date exists the statement should be issued 12 months after the prior statement.

The annual fire safety statement must be provided to the local council by the due date along with the statutory lodgement fee.

The owners or their agent must complete the annual fire safety statement, however the assessment, inspection, and verification of the performance of each essential fire safety measure must be carried out by the competent fire safety practitioner and their details and signatures must appear on the approved fire safety statement form published by the NSW Department of Planning, Industry & Environment.

Further supplementary fire safety statements may be required to be issued more frequently where critical fire safety measures have been installed in the building and identified on the fire safety schedule for the building.

The assessment of the performance of all essential fire safety measures must be carried out by a competent fire safety practitioner, except for some minor exceptions relating to specialised services within a building such as standby power supply systems and lift services.

A list of competent Fire Safety Accredited Practitioners can be found on the Fire Protection Association of Australia website (www.fpaa.com.au).  This list includes several TESG staff members who can assist owners in this process.

Statutory on the spot penalties apply for not complying with the requirements relating to essential fire safety measures compliance and the provision of annual fire safety statements.  In severe cases where breaches of the regulations are identified via inspection by the council or fire brigade, enforcement proceeding may be instigated via the courts.

Typically, the local council are responsible for the enforcement of non-compliance through regulatory processes.  Fire brigades can also instigate actions in some cases, often in conjunction with the local council.

Council primarily is responsible for the enforcement of non-compliance with the issuing of infringement notices for on-the-spot penalties, building notices, orders, and court procedures.  All decisions of the council and any enforcement action can be appealed.

Queensland

Yes – maintenance of fire safety installations is regulated by the Queensland Development Code MP6.1 with the purpose of safeguarding occupants from illness or injury while evacuating during a fire and to provide facilities for occupants and the fire brigade to undertake firefighting operations.

Prescribed fire safety installations are defined under Queensland Development Code MP6.1 and include structure features of the building, fire protection systems, firefighting equipment, occupant safety features and other features.

Most buildings should have a Certificate of Classification issued at the time of construction or major refurbishment that provides a list of fire safety installations installed in the building and what is required to be maintained.

In the absence of this document, the fire safety installation can be ascertained by engaging with the local government authority or a building certifier to confirm the requirements relating to your building. 

All Class 1b, 2,3,4 (Part), 5,6,7,8 and 9 buildings and places of public entertainment as defined under Section A3.2 of the National Construction Code regardless of the building floor area or whether the building is current occupied or vacant.

Queensland Development Code MP6.1 requires maintenance of fire safety installations, where applicable to be maintained to AS1851-2012 requirements. Once the fire safety installations contained within the building are confirmed the building occupier must engage appropriately qualified and registered persons to conduct the required maintenance task in accordance with the standard.

Where critical defects are identified the occupier must ensure their contractor notified the QFES in writing and that rectification works are initiated to fix the critical defect and upon completion further notification and evidence is provided to the QFES.

Building occupiers are responsible, however the owner of the property also shares elements of responsibility and where the building is vacant/unoccupied the property owner assumes all responsibilities for maintenance.

An Occupiers Statement is required on an annual basis and fall due at the 12-month anniversary of the previous document or 12 months from commencement of occupation of the building.  The Occupiers Statement is required to be forwarded to the Commissioner of the Queensland Fire & Emergency Services (QFES).

The occupier, owner of an agent or the owner or occupier can complete and sign the Occupiers Statement for the building.

Verification involves obtaining an annual maintenance statement from each of the appropriately qualified maintenance contractors confirming that all maintenance tasks for the last 12-month period have been completed and that no critical defects have been identified.  Where critical defects have been identified by the contractor, further information around timing and completion of defect rectification is required.

Maintenance and verification of fire safety installations is required to be carried out by “appropriately qualified persons” as defined under the legislation.  A competent person under the legislation is defined as either:

  • A person who holds a current certificate of accreditation issued by the QBCC that relates to a fire safety installation, or
  • A person who has another appropriate qualification and experience to thoroughly test and maintain the installation.

Infringement notices, PINS and notices can be issued either by the local council or the QFES.  Under the regulations.

QFES & local council authorities both enforce compliance with fire safety installation maintenance requirements.

For most PINS, infringement fines and notices issued by the QFES and local council can be appealed.

South Australia

Yes – Regulation 76 of the Development Regulations 2008 regulate the maintenance of the essential safety provision in a building to ensure safety of occupants.  The requirements to maintain the essential safety provision have been in place since 1977.

Ministers Specification SA76-2015 provides a comprehensive list of all essential safety provisions which may exist in a building and that are required to be maintained to achieve compliance with the regulations.

For buildings newly constructed or having undergone major refurbishment works, the council or private certifier will issue a Form 1- Schedule of Essential Safety Provision detailing the essential safety provision contained in the building and the standards / codes / conditions of approval relating to the design.  Ministers Specification SA76-2015 states the maintenance requirements that are applicable to each essential safety provision.

All Class 1b, 2,3,4 (Part), 5,6,7,8 and 9 buildings and places of public entertainment as defined under Section A3.2 of the National Construction Code regardless of the building floor area or whether the building is currently occupied or vacant.

A Form 3 (verification) is not required to be prepared for the following building types (except where council deems otherwise through a condition on approval or as an outcome of the Section 71 notice):

  • a Class 1a, 1b or 10 building; or
  • a Class 2 building that does not have a rise in storeys exceeding 3 and does not have a floor area exceeding 2000m2: or
  • a Class 3,4,5,6,7, or 9b building that does not have a rise in storeys exceeding 2 and does not have a floor area exceeding 500m2.

Ministers Specification SA76-2015 details the maintenance standard required to be complied for each essential safety provision.  The owner should engage appropriate qualified persons to conduct the required maintenance in accordance with the relevant Australian Standards.

The requirements for maintenance of essential safety provision is the responsibility of the building owner, however the occupier of a building also shares some responsibility under the regulations for maintenance exit paths of travel.

A Form 3 – Certificate of Compliance with Maintenance Procedures for Essential Safety is required to be prepared annually by the building owner (or their agent).  The Form 3 must also be submitted to the local council authority.  The Form 3 is due 12 months from the date of the previous issued document or 12 months following the issue of the Certificate of Occupancy for the building.

Verification can be completed by the building owner or their agent, without the need for a licence.  Verification consists of collating details of all maintenance tasks completed during the previous 12 months and completion and submission of the Form 3.  TESG can assist building owners to verify maintenance and complete the required certification on their behalf.

No requirement exists for the licencing or registration of maintenance service providers, however maintenance providers must satisfy the requirements as a competent person under the various Australian Standards governing maintenance.

Infringement notices with default monetary payments may be issued to the building owner.  For serious breaches where the council deem a building to be unfit for occupancy, the council may revoke the certificate of occupancy for the building and further penalties may apply if the building continues to be occupied.

Local council authorities including the local government building fire safety committee are responsibly to monitor the safety of buildings and compliance with the regulations.

A section 71 notice may be issued by the local council to the building owner and this can be appealed within 14 days of the notice being received (this can be expended with the consent of the court).

Tasmania

Yes – maintenance of prescribed essential building services is regulated by the Building Regulations 2016 and the Director’s Maintenance of Prescribed Essential Building Services Determination.

The Director’s Maintenance of Prescribed Essential Building Services Determination defines essential building services, including the following categories: building fire integrity, means of egress, signs, lighting, fire-fighting services and equipment, air handling systems, automatic fire detection and alarm systems, occupant warning system, lifts, standby power supply, natural or mechanical ventilation, access for persons with disability, hot water, warm water and cooling water systems, energy efficiency and water efficiency .

A schedule of maintenance may exist for an existing or new building associated with an Occupancy Permit issued for new construction or major refurbishment work.  Where a schedule of maintenance does not exist, an assessment should be made by a council or a building surveyor to determine the essential building services that exist in the building and a new schedule of maintenance prepared for the building.

All Class 1b, 2,3,4 (Part), 5,6,7,8 and 9 buildings and places of public entertainment as defined under Section A3.2 of the National Construction Code regardless of the building floor area or whether the building is current occupied or vacant.

Some health and safety defined as essential building services also apply to Class 1a dwellings.

The schedule of maintenance for the building and the Director’s Maintenance of Prescribed Essential Building Services Determination detail the maintenance standards required to be complied with for each essential safety provision.  The owner should engage appropriate qualified persons to conduct the required maintenance in accordance with the relevant Australian Standards.

A responsible owner, defined as being either a building owner, an occupier with a contractual responsibility to maintain the essential building service of the building to which the contract relates or a body corporate formed in respect of the building.

No requirement for annual certification exists, however TESG recommend building owners / occupiers engage regular reviews of the maintenance documentation and process to ensure compliance is being achieved.  Maintenance records must be made available to the relevant statutory authorities upon request.

No requirement exists for the licencing or registration of maintenance service providers, however maintenance providers must satisfy the requirements as a competent person under the various Australian Standards governing maintenance.

Infringement notices and penalties can be issued by the local council for failing to comply with the requirements of the regulations.

Local permit authorities can request maintenance records in writing from a building owner.  They can also inspect the building and where maintenance work fails to be undertaken the permit authority may cause the work to be performed and the owner required to pay the costs.

Once council has issued infringement notices or penalties or provided notice in writing for maintenance works to be undertaken at their direction and appeal may be lodge with the building appeals board against the decision of the permit authority.

Western Australia

Yes – the Building Regulations 2012 set out the requirements for maintenance of safety measures in a building under Regulation 48A to ensure that safety measures in a building are capable of performing to a standard set out in the relevant building standards and adequately safeguard people from illness or injury.

Regulation 48A provide a broad definition of categories of safety measures.  Prior to 2014, Part I of the National Construction Code provided further details on measures that were considered safety measures for the purposes of the regulations, however this Part of the National Construction Code is now removed.

Best practice would commonly dictate applying the table from the 2013 version of Part I of the National Construction Code to inform the details of the individual measures to be maintained.

No requirements for a list of safety measures in a building exist.  A building owner should engage a competent essential safety measures professional or building surveyor to assess the safety measures contained in the building and provide the owner with a safety measures maintenance list.  Once an owner has this list, they can then engage a suitable competent maintenance contractor to perform the required maintenance.

All Class 2,3,4 (Part), 5,6,7,8 and 9 buildings as defined under Section A3.2 of the National Construction Code regardless of the building floor area or whether the building is current occupied or vacant.

The owner should engage appropriate qualified persons to conduct the required maintenance in accordance with the relevant Australian Standards.

Under Regulations 48A the building owner is responsible for the maintenance of all safety measures located in the building.

No requirement for annual certification exists, however TESG recommend building owners / occupiers engage regular reviews of the maintenance documentation and process to ensure compliance is being achieved.  Maintenance records must be made available to the relevant statutory authorities upon request.

Not applicable in Western Australia.

No requirement exists for the licencing or registration of maintenance service providers however maintenance providers must satisfy the requirements as a competent person under the various Australian Standards governing maintenance.

A fine under the building regulations of $5,000 is applicable for non-compliance with the maintenance requirements of regulation 48A.

Local government permit authorities are responsible for enforcement of the building regulations and enforcement provisions.

An infringement notice can be issued by the local government permit authority and further prosecution in court can be taken if fines are not paid.  Appeal can be made through the court system or written submission can be made to the local government permit authority to withdraw the notice if grounds exist to do so.  TESG can help building owners through this process.

Northern Territory

Yes – Regulation 11(6) of the Fire and Emergency Regulations states that an owner of a prescribed building must maintain the safety installations installed within a building.

Under the regulations the following inspections within a prescribed building are considered safety installations; fire alarms and other warning apparatus, exit lights, emergency lighting and fire-fighting equipment.  Additional requirements relating to fire exits, paths of travel to exit, combustible materials stored in or near exits required regular maintenance checks.

It is the owner’s responsibility to identify the safety installations that exist in their buildings.  TESG recommend that owners engage a safety installations specialist or building surveyor to conduct a survey of the building and provide the owner with a list of the safety installations installed within the building and the relevant maintenance standards that must be followed.  The owner can then engage relevant competent persons to conduct the required maintenance in accordance with the Australian Standards.

All prescribed buildings under the Schedule 2 of the Fire and Emergency Regulations 1996, including

  • public or private hospitals
  • nursing homes or buildings used to accommodate sick of disabled persons needing full-time nursing care
  • medical clinics, day surgeries or procedure units where patients may require medical care for some time after treatment
  • buildings used as childcare centres
  • buildings used as places of public entertainment
  • buildings used for educational purposes including schools, educational colleges, and universities
  • buildings where people may assemble for civic, theatrical, social, political, religious, recreational or transit purposes
  • boarding houses, guest houses, hostels, lodging houses and backpacker’s accommodation
  • the residential part of motels and hotels
  • the residential parts of schools
  • accommodation for the aged, disabled or children
  • the residential parts of buildings used for health care that accommodate medical staff
  • office buildings
  • shopping complexes including supermarkets and large variety stores that incorporate smaller variety stores within the complex
  • buildings used as factories or warehouses, including buildings in which goods are manufactured, processed, produced, assembled, altered, packaged, finished, cleaned, stored, or displayed
  • building used as fuel depots in which bulk fuel tanks or packages are stored before distribution
  • buildings licenced under the Liquor Act 2019 for the sale of liquor for consumption in the building and where entertainment is provided, including bars, restaurants, discotheques, and nightclubs.
  • buildings used as laboratories, whether for commercial, industrial, or educational purposes

The regulations states that safety installation must be maintained in accordance with relevant standards, however no definition of relevant standards is provided.  Best practice would dictate using the most up-to-date versions of the maintenance standards relevant to the safety installation and to the frequency requirements set out within those standards.

The owner of the building is responsible for the maintenance of all safety installation within a building, however some responsibility also lies with the building occupier in relation to some measures relating to exit paths of travel, combustibility of materials stored within the building and fire exits.

No requirement for annual certification exists, however TESG recommend building owners / occupiers engage regular reviews of the maintenance documentation and process to ensure compliance is being achieved.

No requirement exists for the licencing or registration of maintenance service providers, however maintenance providers must satisfy the requirements as a competent person under the various Australian Standards governing maintenance.

Under the fire and emergency regulations, building notices and orders may be issued to the owner and an infringement notice under the regulations for a 100-penalty unit fine can be imposed.

The director of building control and the Northern Territory Fire & Rescue Service both can enforce the regulations.

A building notice or order may be issued upon the building owner who then may appeal to the Northern Territory Building Appeals Board.

Australian Capital Territory

Yes – Section 95 of the Emergencies Act 2004 regulates the maintenance of a ‘Fire Appliance’ in a building to ensure safety of occupants.  The requirements to maintain Fire Appliances have been in place since 2004.

The definition of Fire Appliance within the Act states that it includes—

  • (a) any vehicle, equipment, implement or thing used for the prevention, extinguishing or containment of fire or smoke; and
  • (b) any fire alarm; and
  • (c) any apparatus for alerting the occupants of a building to a fire or facilitating the evacuation of the building; and
  • (d)  equipment used for the control or evacuation of smoke from a building.

Section 95(2)(b) of the Act refers to an offence if the occupier does not maintain the fire appliance in accordance with a ‘proper maintenance standard’, which is further defined in Section 95(7) to include AS 1851, AS 2293.2 and some other regulatory requirements.

In the ACT Fire & Rescue’s Fire Safety Guideline – FSG-05, adoption of AS 1851 and AS 2293.2 has provided clarification of the fire protection systems and equipment required to be maintained to those Standards, including;

  • Automatic fire sprinkler systems
  • Fire pumpsets
  • Fire hydrant systems
  • Hydrant valves
  • Water storage tanks for fire protection systems
  • Fire detection and alarm systems
  • Special hazard systems
  • Delivery lay flat fire hose
  • Fire hose reels
  • Portable and wheeled fire extinguishers
  • Fire blankets
  • Passive fire and smoke systems
  • Fire and smoke control features of mechanical services
  • Emergency planning in facilities
  • Emergency escape lighting and exit signs

For buildings newly constructed or having undergone major refurbishment works, the council or private certifier can issue a Building Approval that including documentation which details the fire appliances within the building.  Additionally, the chief officer of ACT Fire & Rescue may issue a direction for the installation of a fire appliance.

All Class 1b, 2,3,4 (Part), 5,6,7,8 and 9 buildings and places of public entertainment as defined under Section A3.2 of the National Construction Code regardless of the building floor area or whether the building is current occupied or vacant.

Section 95(7) of the Emergencies Act 2004 details the maintenance standards required to be complied with for each fire appliance.  The owner should engage appropriately competent persons to conduct the required maintenance in accordance with the relevant Australian Standards.

The requirements for maintenance of the fire appliances is the responsibility of the building occupier, however the owner of a building also shares some responsibility under the regulations.

The administrative requirements of AS 1851 and AS 2293.2 must be complied with because they are defined as a ‘proper maintenance standard’.  Therefore, requirements for the preparing and keeping maintenance (routine service) records, yearly condition reports, defect reporting and rectification must be carried out.

It is the responsibility of building occupiers, owners and their delegated representatives to ensure that individuals undertaking maintenance of their buildings fire protection systems and equipment are competent.  Competency should include holding units of competency in relation to the fire appliances being maintained, inspected or assessed.  TESG can assist building occupies and owners to verify maintenance has been carried out and the fire appliances perform as required.

TESG are not aware of any requirements for the licencing or registration of maintenance service providers; however, maintenance providers must satisfy the requirements as a competent person under the relevant Australian Standards governing maintenance (including of AS 1851 and AS 2293.2).

Notices with default monetary payments may be issued to the building Occupier.  For serious breaching where the council deem a building to be unfit for occupancy, the council may issue an occupancy notice or closure notice for the building and further penalties may apply if the building continues to be occupied.

The ACT fire brigades (Fire and Rescue Service and Rural Fire Service) have powers to access, inspect and enforce the requirements for fire appliances, monitor the safety of buildings for compliance with the legislation.