Essential Safety Measures
Disclaimer:
Information discussed in this article relates to Victoria only and should not be relied upon as a substitute for professional advice.
Information discussed in this article relates to Victoria only and should not be relied upon as a substitute for professional advice.
Essential safety measures are all fire safety equipment, safety fittings or safety measures installed in buildings irrespective of when they were constructed which are to be maintained in a state that enables them to fulfill their purpose.
This purpose is to ensure the safe evacuation of all occupants in a primary emergency and secondly to control any life threatening situations that may develop, and to ensure your main asset (building and equipment) can be saved in case of a fire.
Essential safety measures apply to all buildings other than a house, garage, shed, carport, verandahs and the like.
What are typical Essential Safety Measures?
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Carrying out Maintenance
The type and level of maintenance necessary for each essential safety measure is dependent what is defined on the occupancy permit and the complexity of the essential safety measure.
Some safety measures can be carried out by a competent owner while others may require specialised skills, trades, permits, licenses or registrations.
Typical personnel that carry out the inspections, tests, surveys and maintenance include:
- Fire safety systems maintenance specialists
- Fire Engineers
- Hydraulic sprinkler specialists
- Electricians
- Building maintenance personal
- Building Owners or Agents in relation basic to non-specialised services (such as exit doors and path of travel to exits).
There are many companies such as Maintenance Essentials that can help you in complying with the requirements for the maintenance of your essential safety measures including;
- preparing the required annual essential safety measures report
- performing prescribed inspections, tests and surveys
- providing ad-hoc repairs and general maintenance
- elimination of false alarms from automatic fire protection systems
What is the responsibility of the building owner?
The Building Regulations 2006 indicates that the owner of a building is responsible for the maintenance of essential safety measures to their building.
If a lease agreement is in place, the owner is still responsible for maintenance of the essential safety measures. The owner may pass on the responsibilities to the tenant however all legislative responsibility remains with the owner. However the occupier is also responsible for the maintenance of exit doors and path of travel to exits and paths of travel on the allotment from exits to a road.
Serving of infringement notices and orders under the Building Regulations 2006 for non-compliance is on the owner and occupier.
Therefore it is important for owners to have a regular program to verify these prescribed requirements are being met.
Buildings constructed after July 1, 1994
Part 5 of the Building Act 1993 (the Act) sets out requirements for occupying buildings and places of public entertainment. It specifically details when occupancy permits are required and the form and effect of those permits. Part 5 also details the decision making responsibilities of the Relevant Building Surveyor (RBS).
Most importantly, section 40 of the Act requires that a person must not occupy a building in contravention of the occupancy permit. This includes any conditions, such as maintenance requirements of the Building Regulation 2006 (the Regulations), to which occupation is subject. Substantial penalties may be applied if the Act is contravened.
Responsibilities of the owner in regards to Post 1 July 1994 buildings are as follows:
- Maintain records of maintenance checks.
- Complete an Annual Essential Safety Measures Report.
- Display Occupancy Permit.
- Can engage an agent to complete. (Service organisation, private consultants)
- To ensure that an Annual Essential Safety Measures Report and maintenance records are available for inspection by the Municipal Building Surveyor or Chief Officer.
Buildings constructed before July 1, 1994
The Regulations also specify maintenance for existing buildings built prior to 1 July 1994. These items are defined as essential safety measures, similar to the requirements for buildings issued with occupancy permits on and after 1 July 1994. The owner must ensure that all safety equipment, safety fittings and safety measures are maintained in a functional state.
Responsibilities of the owner in regards to Pre 1 July 1994 buildings are as follows:
- To ensure that any safety equipment, safety fitting, safety measures required in relation to that building are regularly maintained.
- To ensure that all exits and paths of travel to exits are maintained and kept clear of all obstructions, this is alos the responsibility of the occupier.
- Can engage agent to complete. (Service organisation, private consultants)
- To ensure that an Annual Essential Safety Measures Report is prepared and made available for inspection by the Municipal Building Surveyor or Chief Officer by the 13th June 2009.
Maintenance
The greatest concern for building owners is that if essential safety measures and other safety items are not maintained then the risk of failure of the item when it is needed (i.e. emergency) increases significantly.
Requiring adequate maintenance be undertaken, is the best means of ensuring that the essential safety measures will operate reliably if an emergency arises.
In simple terms, if the essential safety measures are adequately maintained the owners liability is minimised should an emergency situation develop.
