Act: Building Act 1993.
Regulation: Building Regulations 2006 S.R. No.68/2006.
Compliance Certificate: Annual Essential Safety Measures Report Â (AESMR).
Under the Vic Building Act 1993 and the Building Reg 2006, building owners, managers and tenants have the responsibility to ensure that all essential safety measures, pieces of safety equipment, fittings or other safety measures that relate to their building are maintained in order to operate as designed.
To qualify this maintenance requirement, an Annual Essential Safety Measures Report is required to be issued by the owner or agent of the owner and retained on site.
Local Councils and fire authorities have the responsibility under current legislation to enforce building regulations for increased safety. Substantial fines can apply for non-compliance.
NEW SOUTH WALES
Act:Â Environmental Planning and Assessment Act 1979.
Regulation:Â Environmental Planning and Assessment Regulations 2000
Compliance Certificate:Â Annual Fire Safety Statement (AFSS).
Under the requirements of the NSW Environmental Planning and Assessment Regulation 2000, a building owner (or building owners representative) is required to submit an Annual Fire Safety Statement (AFSS) for the whole property to the Local Council and the NSW Fire Brigade, certifying that all installed Essential Fire Safety Measures have been inspected, have been maintained and will operate to the design standards to which they were installed.
Councils can impose fines for failing to submit an AFSS by the required due date and for each week thereafter until the AFSS is received.
Act: Fire & Rescue Services Act 1990.
Regulation: Building Fire Safety Regulation 2008 & Queensland Development Code MP6.1- Maintenance of fire safety installations. (Amended 1 July 2014)
Compliance Certificate: Occupier Statement.
State Legislation and Regulations relating to the maintenance of fire safety installations were regulated in Queensland in 1992.
Queensland Development Code MP6.1 was introduced 2008 and introduced 1/1/2009 to set appropriate performance standards forÂ maintenanceofÂ fire safety installationsÂ for the safe occupation of buildings and specify themaintenance records required.
Building owners, managers and tenants must have a current Occupier Statement which ensures that the fire safety installations are maintained in order to operate as designed, and for the safe occupation of buildings.
Penalties for failure to comply with the maintenance code remain in the Building Act 1975 and the Fire and Rescue Act 1990.
Act: Building Act 2000.
Regulation: Building Regulations 2004. (Amended 1/9/2013)
Compliance Certificate: Annual Maintenance Statement Form 56.
The (Tasmanian) Building Act 2000, and the Building Regulations 2004 and Plumbing Regulations 2004 made under the Act, commenced on 1 July 2004.
Amendments to the Act were introduced in 1/9/2013 as the previous Act (the directors specified list) referenced BCA section I. Tasmania took the opportunity to upgrade the list (same, but away from section I) and to make all buildings applicable to annual maintenance statement â€“ Form 56
The building owner and or occupier must maintain any essential safety and health features of their building and any essential safety and health measures necessary to ensure the safety of persons using their building.
The building owner and or occupier must also publicly display an annual statement that the features and measures have been assessed by an appropriately qualified person and are performing to a standard to which they were originally designed.
Act: Development Act 1993.
Regulation: Development Regulations 1993, Ministers Specification SA76.
Compliance Certificate: Certificate of compliance with maintenance procedures for essential safety provisions Form 3 (for some buildings prior to 1991, SA 59 applies & relates to on site documentation).
The Development Regulations 2008 Regulation 76 (Essential Safety Provisions)Â states the relevant authorityâ€™s and ownersâ€™ responsibilities and applies in relation to a building in which essential safety provisions are installed and to be inspected, tested or maintained under theÂ Building CodeÂ or any former regulations under theÂ Building ActÂ 1971.
The building owner and or occupier has a responsibility to ensure all Essential Safety Provisions are being properly maintained and tested.
An annual Certificate of Compliance (Schedule 16 Form 3) should be provided when the owner or an agent of the owner can ensure that each essential safety provision is being tested and maintained in accordance with the Schedule of Essential Safety Provisions (Schedule 16 Form 1) issued for the building.
WESTERN AUSTRALIA / NORTHERN TERRITORY /
AUSTRALIAN CAPITAL TERRITORY
Currently in WA/NT/ACT there is no requirement for an annual certification for essential safety measures installed in buildings. Although; it should be noted that current applicable O.H. & S legislation does apply and building owners and managers are responsible for the health and safety of all occupants and visitors in their buildings.
Therefore the owner and or the occupier of a building (or place of public entertainment) should ensure that all essential safety measures are maintained in a state which enables them to fulfil their designed specification and functionality.