{"id":"qld:sl-2008-0160","name":"Building Fire Safety Regulation 2008","slug":"building-fire-safety-regulation-2008","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"160 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175834,"registerId":"qld-qld:sl-2008-0160-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Building Fire Safety Regulation 2008 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 July 2008.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 3 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Main objects of regulation","content":"### sec.4 Main objects of regulation\n\nThe main objects of this regulation are—\nto ensure persons can evacuate buildings safely and quickly if a fire or hazardous materials emergency happens; and\nto ensure prescribed fire safety installations for buildings are maintained.\n- (a) to ensure persons can evacuate buildings safely and quickly if a fire or hazardous materials emergency happens; and\n- (b) to ensure prescribed fire safety installations for buildings are maintained.","sortOrder":4},{"sectionNumber":"sec.4A","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.4A Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\nFor the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded down to the nearest multiple of 5 cents.\nSection 64A (3) (b) provides for a fee of 62.05 fee units. If the value of a fee unit for this regulation were $1.015, the number of dollars obtained by multiplying $1.015 by 62.05 would be $62.98075. After rounding down, the amount of the fee would be $62.95.\ns 4A ins 2022 SL No. 81 s 3\n(sec.4A-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\n(sec.4A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded down to the nearest multiple of 5 cents. Section 64A (3) (b) provides for a fee of 62.05 fee units. If the value of a fee unit for this regulation were $1.015, the number of dollars obtained by multiplying $1.015 by 62.05 would be $62.98075. After rounding down, the amount of the fee would be $62.95.","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Means of escape from buildings","content":"# Means of escape from buildings","sortOrder":6},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of evacuation route","content":"### sec.5 Meaning of evacuation route\n\nAn evacuation route , in relation to a building, means—\nfor division 4 —a path of travel from any place in the building, through a final exit of the building, to a place of safety outside the building; or\notherwise—a path of travel from a common area of the building, through a final exit of the building, to a place of safety outside the building.\nAn evacuation route includes the space above a path of travel.\n(sec.5-ssec.1) An evacuation route , in relation to a building, means— for division 4 —a path of travel from any place in the building, through a final exit of the building, to a place of safety outside the building; or otherwise—a path of travel from a common area of the building, through a final exit of the building, to a place of safety outside the building.\n(sec.5-ssec.2) An evacuation route includes the space above a path of travel.\n- (a) for division 4 —a path of travel from any place in the building, through a final exit of the building, to a place of safety outside the building; or\n- (b) otherwise—a path of travel from a common area of the building, through a final exit of the building, to a place of safety outside the building.","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of common area","content":"### sec.6 Meaning of common area\n\nA common area of a building means a part of a building that is designed or constructed to be used as a thoroughfare.\na hallway, corridor, passageway, landing, stairway or ramp\nHowever, a common area of a building does not include a part of a building that is—\nused entirely or mainly as a residence; and\noccupied by a person who owns, or is a tenant of, the part of the building.\n(sec.6-ssec.1) A common area of a building means a part of a building that is designed or constructed to be used as a thoroughfare. a hallway, corridor, passageway, landing, stairway or ramp\n(sec.6-ssec.2) However, a common area of a building does not include a part of a building that is— used entirely or mainly as a residence; and occupied by a person who owns, or is a tenant of, the part of the building.\n- (a) used entirely or mainly as a residence; and\n- (b) occupied by a person who owns, or is a tenant of, the part of the building.","sortOrder":9},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Keeping evacuation routes free from obstruction—general","content":"## Keeping evacuation routes free from obstruction—general","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Person not to obstruct an evacuation route","content":"### sec.7 Person not to obstruct an evacuation route\n\nA person must not—\nplace a thing—\nwithin 2m of a final exit outside a building; or\nin another place on an evacuation route of a building if the thing would be likely to unduly restrict, hinder or delay a person (an affected person ), if the affected person were using the evacuation route in the event of a fire or hazardous materials emergency; or\notherwise obstruct an evacuation route of a building.\npersons gathering outside a final exit of a building in a way that would be likely to unduly hinder the passage of persons leaving the building in the event of a fire\nMaximum penalty—30 penalty units.\nFor deciding if a thing on an evacuation route would be likely to unduly restrict, hinder or delay a person under subsection (1) (a) (ii) , regard must be had to—\nthe number, mobility and other relevant characteristics of persons who would be likely to use the evacuation route in the event of a fire or hazardous materials emergency; and\na person with special needs\nwhether the thing would be likely to be displaced by a person using the evacuation route in the event of a fire or hazardous materials emergency.\ns 7 amd 2009 SL No. 111 s 4\n(sec.7-ssec.1) A person must not— place a thing— within 2m of a final exit outside a building; or in another place on an evacuation route of a building if the thing would be likely to unduly restrict, hinder or delay a person (an affected person ), if the affected person were using the evacuation route in the event of a fire or hazardous materials emergency; or otherwise obstruct an evacuation route of a building. persons gathering outside a final exit of a building in a way that would be likely to unduly hinder the passage of persons leaving the building in the event of a fire Maximum penalty—30 penalty units.\n(sec.7-ssec.2) For deciding if a thing on an evacuation route would be likely to unduly restrict, hinder or delay a person under subsection (1) (a) (ii) , regard must be had to— the number, mobility and other relevant characteristics of persons who would be likely to use the evacuation route in the event of a fire or hazardous materials emergency; and a person with special needs whether the thing would be likely to be displaced by a person using the evacuation route in the event of a fire or hazardous materials emergency.\n- (a) place a thing— (i) within 2m of a final exit outside a building; or (ii) in another place on an evacuation route of a building if the thing would be likely to unduly restrict, hinder or delay a person (an affected person ), if the affected person were using the evacuation route in the event of a fire or hazardous materials emergency; or\n- (i) within 2m of a final exit outside a building; or\n- (ii) in another place on an evacuation route of a building if the thing would be likely to unduly restrict, hinder or delay a person (an affected person ), if the affected person were using the evacuation route in the event of a fire or hazardous materials emergency; or\n- (b) otherwise obstruct an evacuation route of a building. Example for paragraph (b) — persons gathering outside a final exit of a building in a way that would be likely to unduly hinder the passage of persons leaving the building in the event of a fire\n- (i) within 2m of a final exit outside a building; or\n- (ii) in another place on an evacuation route of a building if the thing would be likely to unduly restrict, hinder or delay a person (an affected person ), if the affected person were using the evacuation route in the event of a fire or hazardous materials emergency; or\n- (a) the number, mobility and other relevant characteristics of persons who would be likely to use the evacuation route in the event of a fire or hazardous materials emergency; and Example of another relevant characteristic for paragraph (a) — a person with special needs\n- (b) whether the thing would be likely to be displaced by a person using the evacuation route in the event of a fire or hazardous materials emergency.","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Occupier not to allow evacuation route to be obstructed","content":"### sec.8 Occupier not to allow evacuation route to be obstructed\n\nThe occupier of a building must not allow a thing to be placed or to remain—\nwithin 2m of a final exit outside the building; or\nin another place on an evacuation route of the building, if the thing would be likely to unduly restrict, hinder or delay a person, if the person were using the evacuation route in the event of a fire or hazardous materials emergency.\nMaximum penalty—30 penalty units.\nFor deciding if a thing on an evacuation route would be likely to unduly restrict, hinder or delay a person under subsection (1) (b) , regard must be had to—\nthe number, mobility and other relevant characteristics of persons who would be likely to use the evacuation route in the event of a fire or hazardous materials emergency; and\nwhether the thing would be likely to be displaced by a person using the evacuation route in the event of a fire or hazardous materials emergency.\nAlso, the occupier of a building must take reasonable steps to ensure that a person does not obstruct an evacuation route of the building.\nThe occupier erects a rope or other temporary barrier outside a final exit of the building that allows persons to queue to enter the building in a way that would not be likely to unduly hinder the passage of persons leaving the building in the event of fire.\nMaximum penalty—30 penalty units.\ns 8 amd 2009 SL No. 111 s 5\n(sec.8-ssec.1) The occupier of a building must not allow a thing to be placed or to remain— within 2m of a final exit outside the building; or in another place on an evacuation route of the building, if the thing would be likely to unduly restrict, hinder or delay a person, if the person were using the evacuation route in the event of a fire or hazardous materials emergency. Maximum penalty—30 penalty units.\n(sec.8-ssec.2) For deciding if a thing on an evacuation route would be likely to unduly restrict, hinder or delay a person under subsection (1) (b) , regard must be had to— the number, mobility and other relevant characteristics of persons who would be likely to use the evacuation route in the event of a fire or hazardous materials emergency; and whether the thing would be likely to be displaced by a person using the evacuation route in the event of a fire or hazardous materials emergency.\n(sec.8-ssec.3) Also, the occupier of a building must take reasonable steps to ensure that a person does not obstruct an evacuation route of the building. The occupier erects a rope or other temporary barrier outside a final exit of the building that allows persons to queue to enter the building in a way that would not be likely to unduly hinder the passage of persons leaving the building in the event of fire. Maximum penalty—30 penalty units.\n- (a) within 2m of a final exit outside the building; or\n- (b) in another place on an evacuation route of the building, if the thing would be likely to unduly restrict, hinder or delay a person, if the person were using the evacuation route in the event of a fire or hazardous materials emergency.\n- (a) the number, mobility and other relevant characteristics of persons who would be likely to use the evacuation route in the event of a fire or hazardous materials emergency; and\n- (b) whether the thing would be likely to be displaced by a person using the evacuation route in the event of a fire or hazardous materials emergency.","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Occupier not to allow final exit of adjoining building to be obstructed","content":"### sec.9 Occupier not to allow final exit of adjoining building to be obstructed\n\nThis section applies to the occupier of premises that adjoin a final exit of a building (the adjoining building ).\nThe occupier must not allow a thing to be placed, or to remain—\nwithin 2m of a final exit outside the adjoining building; or\nin another place where the thing would be likely to unduly restrict, hinder or delay a person, if the person were using a final exit of the adjoining building in the event of a fire or hazardous materials emergency.\nthe occupier of a shop in a food court allowing its rubbish bins to remain within 2m of the final exit of an adjoining shop\nthe occupier of a carpark allowing vehicles to be parked so that persons leaving an adjoining building are unduly restricted in accessing the carpark or an adjacent road\nMaximum penalty—30 penalty units.\n(sec.9-ssec.1) This section applies to the occupier of premises that adjoin a final exit of a building (the adjoining building ).\n(sec.9-ssec.2) The occupier must not allow a thing to be placed, or to remain— within 2m of a final exit outside the adjoining building; or in another place where the thing would be likely to unduly restrict, hinder or delay a person, if the person were using a final exit of the adjoining building in the event of a fire or hazardous materials emergency. the occupier of a shop in a food court allowing its rubbish bins to remain within 2m of the final exit of an adjoining shop the occupier of a carpark allowing vehicles to be parked so that persons leaving an adjoining building are unduly restricted in accessing the carpark or an adjacent road Maximum penalty—30 penalty units.\n- (a) within 2m of a final exit outside the adjoining building; or\n- (b) in another place where the thing would be likely to unduly restrict, hinder or delay a person, if the person were using a final exit of the adjoining building in the event of a fire or hazardous materials emergency.\n- • the occupier of a shop in a food court allowing its rubbish bins to remain within 2m of the final exit of an adjoining shop\n- • the occupier of a carpark allowing vehicles to be parked so that persons leaving an adjoining building are unduly restricted in accessing the carpark or an adjacent road","sortOrder":13},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Keeping evacuation routes free from obstruction—locking doors","content":"## Keeping evacuation routes free from obstruction—locking doors","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Meaning of locking a door","content":"### sec.10 Meaning of locking a door\n\nA reference to locking a door is a reference to locking the door in a closed position.\nLocking a door includes fastening the door or otherwise interfering with its ability to be opened.\nHowever, a door on an evacuation route of a building is not locked if it can be opened—\nfrom the internal side using 1 device that can be operated by 1 downward or pushing action using 1 hand; or\na handle, lever or panic bar\na device consisting of a button or switch that can be operated to allow a door to open electronically and automatically allows the door to be opened if the door fails to open electronically\nin another way that complies with the Building Code of Australia.\n(sec.10-ssec.1) A reference to locking a door is a reference to locking the door in a closed position.\n(sec.10-ssec.2) Locking a door includes fastening the door or otherwise interfering with its ability to be opened.\n(sec.10-ssec.3) However, a door on an evacuation route of a building is not locked if it can be opened— from the internal side using 1 device that can be operated by 1 downward or pushing action using 1 hand; or a handle, lever or panic bar a device consisting of a button or switch that can be operated to allow a door to open electronically and automatically allows the door to be opened if the door fails to open electronically in another way that complies with the Building Code of Australia.\n- (a) from the internal side using 1 device that can be operated by 1 downward or pushing action using 1 hand; or Examples of devices— • a handle, lever or panic bar • a device consisting of a button or switch that can be operated to allow a door to open electronically and automatically allows the door to be opened if the door fails to open electronically\n- • a handle, lever or panic bar\n- • a device consisting of a button or switch that can be operated to allow a door to open electronically and automatically allows the door to be opened if the door fails to open electronically\n- (b) in another way that complies with the Building Code of Australia.\n- • a handle, lever or panic bar\n- • a device consisting of a button or switch that can be operated to allow a door to open electronically and automatically allows the door to be opened if the door fails to open electronically","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"General obligations about locking doors","content":"### sec.11 General obligations about locking doors\n\nA person must not lock a door on an evacuation route of a building if the person knows, or reasonably ought to know, that another person is within the building on the internal side of the door.\nMaximum penalty—30 penalty units.\nThe occupier of a building must ensure that a door on an evacuation route of the building is not locked, if the occupier knows, or reasonably ought to know, that a person is within the building on the internal side of the door.\nMaximum penalty—30 penalty units.\nThis section does not apply if section 12 applies.\n(sec.11-ssec.1) A person must not lock a door on an evacuation route of a building if the person knows, or reasonably ought to know, that another person is within the building on the internal side of the door. Maximum penalty—30 penalty units.\n(sec.11-ssec.2) The occupier of a building must ensure that a door on an evacuation route of the building is not locked, if the occupier knows, or reasonably ought to know, that a person is within the building on the internal side of the door. Maximum penalty—30 penalty units.\n(sec.11-ssec.3) This section does not apply if section 12 applies.","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Locking doors—children in education and care service premises or QEC approved services or persons in custody","content":"### sec.12 Locking doors—children in education and care service premises or QEC approved services or persons in custody\n\nThis section applies if—\na child (an occupant ) is in a building being used for conducting a centre based education and care service or QEC approved service; or\na person (also an occupant ) is being held in lawful custody in a building.\nIf the occupant is within the building on the internal side of a door on an evacuation route of the building, a person must not lock the door in a way that would be likely to unduly restrict, hinder or delay a custodian for the occupant in opening the door.\nMaximum penalty—30 penalty units.\nThe occupier of the building must ensure that a door on an evacuation route of the building can not be locked in a way that would be likely to unduly restrict, hinder or delay a custodian for the occupant in opening the door.\nMaximum penalty—30 penalty units.\nIn this section—\ncentre based education and care service means an approved education and care service, other than a family day care service, under the Education and Care Services National Law (Queensland) .\ncustodian , for an occupant, means—\nif the occupant is a child in a building being used for conducting a centre based education and care service—a person providing education and care as part of the service; or\nif the occupant is a child in a building being used for conducting a QEC approved service—a person providing regulated education and care as part of a QEC approved service; or\nif the occupant is being held in lawful custody in a building—a person who controls the movement of the occupant within the building.\nQEC approved service see the Education and Care Services Act 2013 , schedule 1 .\ns 12 amd 2011 SL No. 278 s 5 ; 2013 SL No. 265 s 81 sch 5 pt 2\n(sec.12-ssec.1) This section applies if— a child (an occupant ) is in a building being used for conducting a centre based education and care service or QEC approved service; or a person (also an occupant ) is being held in lawful custody in a building.\n(sec.12-ssec.2) If the occupant is within the building on the internal side of a door on an evacuation route of the building, a person must not lock the door in a way that would be likely to unduly restrict, hinder or delay a custodian for the occupant in opening the door. Maximum penalty—30 penalty units.\n(sec.12-ssec.3) The occupier of the building must ensure that a door on an evacuation route of the building can not be locked in a way that would be likely to unduly restrict, hinder or delay a custodian for the occupant in opening the door. Maximum penalty—30 penalty units.\n(sec.12-ssec.4) In this section— centre based education and care service means an approved education and care service, other than a family day care service, under the Education and Care Services National Law (Queensland) . custodian , for an occupant, means— if the occupant is a child in a building being used for conducting a centre based education and care service—a person providing education and care as part of the service; or if the occupant is a child in a building being used for conducting a QEC approved service—a person providing regulated education and care as part of a QEC approved service; or if the occupant is being held in lawful custody in a building—a person who controls the movement of the occupant within the building. QEC approved service see the Education and Care Services Act 2013 , schedule 1 .\n- (a) a child (an occupant ) is in a building being used for conducting a centre based education and care service or QEC approved service; or\n- (b) a person (also an occupant ) is being held in lawful custody in a building.\n- (a) if the occupant is a child in a building being used for conducting a centre based education and care service—a person providing education and care as part of the service; or\n- (b) if the occupant is a child in a building being used for conducting a QEC approved service—a person providing regulated education and care as part of a QEC approved service; or\n- (c) if the occupant is being held in lawful custody in a building—a person who controls the movement of the occupant within the building.","sortOrder":17},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Keeping evacuation routes free from obstruction—air space","content":"## Keeping evacuation routes free from obstruction—air space","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Evacuation routes to be kept isolated","content":"### sec.13 Evacuation routes to be kept isolated\n\nA person must not install or alter a mechanical ventilation or air conditioning system in a building in a way that, in the event of a fire or hazardous materials emergency, may allow air to flow onto an evacuation route of the building from another space in the building, including, for example, a fire-isolated compartment.\nMaximum penalty—30 penalty units.\nA person must not do an act, other than an act mentioned in subsection (1) , that, in the event of a fire or hazardous materials emergency, may allow air to flow onto an evacuation route of a building from another space in the building, including, for example, a fire-isolated compartment.\npenetrating a wall on the perimeter of a fire-isolated compartment\nfailing to seal a hole in a wall on the perimeter of a fire-isolated compartment\nchocking open a door on the perimeter of a fire-isolated compartment\nMaximum penalty—30 penalty units.\nHowever, subsection (2) does not apply if the act is authorised or required for building work under a building development approval.\nThe owner or occupier of a building must ensure that a person does not—\ninstall or alter a mechanical ventilation or air conditioning system in the building in contravention of subsection (1) ; or\ndo another act in contravention of subsection (2) .\nMaximum penalty—30 penalty units.\nIt is a defence in a proceeding against a person for an offence under subsection (4) for the person to prove that—\nthe person took reasonable precautions and exercised proper diligence to prevent the contravention; or\nthe contravention was due to causes over which the person had no control.\nIn this section—\ndoing an act includes omitting to do an act.\nfire-isolated compartment means a compartment in a building that is designed and constructed to prevent the spread of fire or flow of smoke from the compartment into another part of the building.\n(sec.13-ssec.1) A person must not install or alter a mechanical ventilation or air conditioning system in a building in a way that, in the event of a fire or hazardous materials emergency, may allow air to flow onto an evacuation route of the building from another space in the building, including, for example, a fire-isolated compartment. Maximum penalty—30 penalty units.\n(sec.13-ssec.2) A person must not do an act, other than an act mentioned in subsection (1) , that, in the event of a fire or hazardous materials emergency, may allow air to flow onto an evacuation route of a building from another space in the building, including, for example, a fire-isolated compartment. penetrating a wall on the perimeter of a fire-isolated compartment failing to seal a hole in a wall on the perimeter of a fire-isolated compartment chocking open a door on the perimeter of a fire-isolated compartment Maximum penalty—30 penalty units.\n(sec.13-ssec.3) However, subsection (2) does not apply if the act is authorised or required for building work under a building development approval.\n(sec.13-ssec.4) The owner or occupier of a building must ensure that a person does not— install or alter a mechanical ventilation or air conditioning system in the building in contravention of subsection (1) ; or do another act in contravention of subsection (2) . Maximum penalty—30 penalty units.\n(sec.13-ssec.5) It is a defence in a proceeding against a person for an offence under subsection (4) for the person to prove that— the person took reasonable precautions and exercised proper diligence to prevent the contravention; or the contravention was due to causes over which the person had no control.\n(sec.13-ssec.6) In this section— doing an act includes omitting to do an act. fire-isolated compartment means a compartment in a building that is designed and constructed to prevent the spread of fire or flow of smoke from the compartment into another part of the building.\n- • penetrating a wall on the perimeter of a fire-isolated compartment\n- • failing to seal a hole in a wall on the perimeter of a fire-isolated compartment\n- • chocking open a door on the perimeter of a fire-isolated compartment\n- (a) install or alter a mechanical ventilation or air conditioning system in the building in contravention of subsection (1) ; or\n- (b) do another act in contravention of subsection (2) .\n- (a) the person took reasonable precautions and exercised proper diligence to prevent the contravention; or\n- (b) the contravention was due to causes over which the person had no control.","sortOrder":19},{"sectionNumber":"pt.3","sectionType":"part","heading":"Occupancy limits for buildings","content":"# Occupancy limits for buildings","sortOrder":20},{"sectionNumber":"sec.14","sectionType":"section","heading":"Meaning of occupancy safety factors","content":"### sec.14 Meaning of occupancy safety factors\n\nThe occupancy safety factors for a building are the following—\nthe building’s characteristics, including—\nthe number and location of exits in the building; and\nthe clear floor surface areas in the building; and\nthe flammability of the fixtures and fittings in the building; and\nthe prescribed fire safety installations for the building; and\nwhether occupants of the building can exit directly into open space or another place of safety;\nhow the building is used, including its classification under the Building Code of Australia;\nthe number of persons who use, or are likely to use, the building at any given time;\nthe mobility and other characteristics of the persons who use, or are likely to use, the building;\nany fire safety system for the building.\nIn this section—\nclear floor surface area see the Fire Services Act 1990 , schedule 2 .\ns 14 amd 2024 Act No. 22 s 92 sch 1\n(sec.14-ssec.1) The occupancy safety factors for a building are the following— the building’s characteristics, including— the number and location of exits in the building; and the clear floor surface areas in the building; and the flammability of the fixtures and fittings in the building; and the prescribed fire safety installations for the building; and whether occupants of the building can exit directly into open space or another place of safety; how the building is used, including its classification under the Building Code of Australia; the number of persons who use, or are likely to use, the building at any given time; the mobility and other characteristics of the persons who use, or are likely to use, the building; any fire safety system for the building.\n(sec.14-ssec.2) In this section— clear floor surface area see the Fire Services Act 1990 , schedule 2 .\n- (a) the building’s characteristics, including— (i) the number and location of exits in the building; and (ii) the clear floor surface areas in the building; and (iii) the flammability of the fixtures and fittings in the building; and (iv) the prescribed fire safety installations for the building; and (v) whether occupants of the building can exit directly into open space or another place of safety;\n- (i) the number and location of exits in the building; and\n- (ii) the clear floor surface areas in the building; and\n- (iii) the flammability of the fixtures and fittings in the building; and\n- (iv) the prescribed fire safety installations for the building; and\n- (v) whether occupants of the building can exit directly into open space or another place of safety;\n- (b) how the building is used, including its classification under the Building Code of Australia;\n- (c) the number of persons who use, or are likely to use, the building at any given time;\n- (d) the mobility and other characteristics of the persons who use, or are likely to use, the building;\n- (e) any fire safety system for the building.\n- (i) the number and location of exits in the building; and\n- (ii) the clear floor surface areas in the building; and\n- (iii) the flammability of the fixtures and fittings in the building; and\n- (iv) the prescribed fire safety installations for the building; and\n- (v) whether occupants of the building can exit directly into open space or another place of safety;","sortOrder":21},{"sectionNumber":"sec.15","sectionType":"section","heading":"General obligation about the number of persons in a building","content":"### sec.15 General obligation about the number of persons in a building\n\nThis section does not apply to the occupier of a building if an occupancy notice is in force for the building.\nThe occupier of a building must ensure that the number of persons in the building at any one time does not present an unreasonable risk to the safety of a person in the building.\nMaximum penalty—30 penalty units.\nFor subsection (2) , in deciding whether or not the number of persons in a building presents an unreasonable risk to the safety of a person in the building, regard must be had to the occupancy safety factors for the building.\n(sec.15-ssec.1) This section does not apply to the occupier of a building if an occupancy notice is in force for the building.\n(sec.15-ssec.2) The occupier of a building must ensure that the number of persons in the building at any one time does not present an unreasonable risk to the safety of a person in the building. Maximum penalty—30 penalty units.\n(sec.15-ssec.3) For subsection (2) , in deciding whether or not the number of persons in a building presents an unreasonable risk to the safety of a person in the building, regard must be had to the occupancy safety factors for the building.","sortOrder":22},{"sectionNumber":"sec.16","sectionType":"section","heading":"Limits on the number of persons in a building","content":"### sec.16 Limits on the number of persons in a building\n\nThe occupier of a building must ensure that the number of persons in the building at any 1 time is not more than the maximum number that may be accommodated under—\nfor a budget accommodation building to which the Building Act 1975 , chapter 7 , part 3 applies—the Queensland Development Code, MP 2.1, performance criteria P3 and acceptable solution A3; or\nfor a building used for conducting a residential service—the Queensland Development Code, MP 5.7, items P3, A3, P4 and A4; or\notherwise—the Building Code of Australia, part D2D18.\nMaximum penalty—30 penalty units.\nAlso, the occupier of a building must ensure that the number of persons in the building at any 1 time is not more than the maximum number that allows compliance with the Building Code of Australia, parts D2D8(2), (3) and (4) and D2D11.\nMaximum penalty—30 penalty units.\ns 16 amd 2025 SL No. 53 s 4\n(sec.16-ssec.1) The occupier of a building must ensure that the number of persons in the building at any 1 time is not more than the maximum number that may be accommodated under— for a budget accommodation building to which the Building Act 1975 , chapter 7 , part 3 applies—the Queensland Development Code, MP 2.1, performance criteria P3 and acceptable solution A3; or for a building used for conducting a residential service—the Queensland Development Code, MP 5.7, items P3, A3, P4 and A4; or otherwise—the Building Code of Australia, part D2D18. Maximum penalty—30 penalty units.\n(sec.16-ssec.2) Also, the occupier of a building must ensure that the number of persons in the building at any 1 time is not more than the maximum number that allows compliance with the Building Code of Australia, parts D2D8(2), (3) and (4) and D2D11. Maximum penalty—30 penalty units.\n- (a) for a budget accommodation building to which the Building Act 1975 , chapter 7 , part 3 applies—the Queensland Development Code, MP 2.1, performance criteria P3 and acceptable solution A3; or\n- (b) for a building used for conducting a residential service—the Queensland Development Code, MP 5.7, items P3, A3, P4 and A4; or\n- (c) otherwise—the Building Code of Australia, part D2D18.","sortOrder":23},{"sectionNumber":"pt.4","sectionType":"part","heading":"Evacuation planning, instruction and practice","content":"# Evacuation planning, instruction and practice","sortOrder":24},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":25},{"sectionNumber":"sec.17","sectionType":"section","heading":"Meaning of evacuation coordination procedures","content":"### sec.17 Meaning of evacuation coordination procedures\n\nThe evacuation coordination procedures for a building in the event of a fire or hazardous materials emergency are the procedures for—\nalerting, and communicating with, persons in the building; and\nprocedures for using intercommunication devices, public address systems and messengers to alert and communicate with persons\nalerting the service, including using manually operated fire alarms; and\narranging the evacuation of persons with special needs, members of the public and other persons in the building, to a designated assembly area for the building; and\nchecking whether all persons have been evacuated from the building; and\ntaking a rollcall of known occupants of the building or a part of the building\nasking members of the public evacuated from a building about the number and identity of persons who were in the building and have not been accounted for\nmeeting the fire officers attending the building in response to the fire or emergency at a suitable place stated in the fire and evacuation plan for the building; and\ninforming the fire officers of—\nthe number of persons evacuated; and\nthe number and identity of any persons not accounted for.\ns 17 amd 2014 SL No. 296 s 3\n- (a) alerting, and communicating with, persons in the building; and Examples of procedures for paragraph (a) — procedures for using intercommunication devices, public address systems and messengers to alert and communicate with persons\n- (b) alerting the service, including using manually operated fire alarms; and\n- (c) arranging the evacuation of persons with special needs, members of the public and other persons in the building, to a designated assembly area for the building; and\n- (d) checking whether all persons have been evacuated from the building; and Examples of procedures for paragraph (d) — • taking a rollcall of known occupants of the building or a part of the building • asking members of the public evacuated from a building about the number and identity of persons who were in the building and have not been accounted for\n- • taking a rollcall of known occupants of the building or a part of the building\n- • asking members of the public evacuated from a building about the number and identity of persons who were in the building and have not been accounted for\n- (e) meeting the fire officers attending the building in response to the fire or emergency at a suitable place stated in the fire and evacuation plan for the building; and\n- (f) informing the fire officers of— (i) the number of persons evacuated; and (ii) the number and identity of any persons not accounted for.\n- (i) the number of persons evacuated; and\n- (ii) the number and identity of any persons not accounted for.\n- • taking a rollcall of known occupants of the building or a part of the building\n- • asking members of the public evacuated from a building about the number and identity of persons who were in the building and have not been accounted for\n- (i) the number of persons evacuated; and\n- (ii) the number and identity of any persons not accounted for.","sortOrder":26},{"sectionNumber":"sec.18","sectionType":"section","heading":"Meaning of evacuation diagram","content":"### sec.18 Meaning of evacuation diagram\n\nAn evacuation diagram , for a building, means a diagram, in an understandable form, of the building showing the following (the fire safety reference points )—\nthe place that corresponds to the place in the building where the diagram is displayed;\nAn evacuation diagram in a building shows an arrow pointing to a red spot that corresponds to the place in the building where the diagram is displayed. The words ‘You are here’ are stated in bold text near the arrow.\nthe route from the place mentioned in paragraph (a) to the nearest exit of the building;\neach exit of the building;\nany intercommunication devices in the common areas of the building;\nthe manually operated fire alarms in the building;\nthe firefighting equipment in the building;\neach designated assembly area for the building;\nthe route from each exit shown on the diagram to a designated assembly area.\nFor subsection (1) , the fire safety reference points under subsection (1) (a) to (f) and (1) (g) and (h) may be shown on separate diagrams.\nAn evacuation diagram , for a part of a building, means a diagram, in an understandable form, of the part of the building showing the following (also the fire safety reference points )—\nthe place that corresponds to the place in the part of the building where the diagram is displayed;\neach exit that is reasonably accessible from the part of the building;\nthe route from the part of the building to each exit shown on the diagram;\nany intercommunication devices in the common areas that are reasonably accessible from the part of the building;\nthe manually operated fire alarms that are reasonably accessible from the part of the building;\nthe firefighting equipment that is reasonably accessible from the part of the building;\na designated assembly area for the part of the building;\nthe route from each exit shown on the diagram to a designated assembly area.\nFor subsection (3) , the fire safety reference points under subsection (3) (a) to (f) and (3) (g) and (h) may be shown on separate diagrams.\nIn this section—\nunderstandable form , for an evacuation diagram, means a form that would be easily understandable by a person who would be likely to be reading the diagram, if the person were reading the diagram in the event of a fire or hazardous materials emergency.\nwhether the diagram is in a reasonable scale\nwhether the diagram includes a legend clearly showing different parts of a building\n(sec.18-ssec.1) An evacuation diagram , for a building, means a diagram, in an understandable form, of the building showing the following (the fire safety reference points )— the place that corresponds to the place in the building where the diagram is displayed; An evacuation diagram in a building shows an arrow pointing to a red spot that corresponds to the place in the building where the diagram is displayed. The words ‘You are here’ are stated in bold text near the arrow. the route from the place mentioned in paragraph (a) to the nearest exit of the building; each exit of the building; any intercommunication devices in the common areas of the building; the manually operated fire alarms in the building; the firefighting equipment in the building; each designated assembly area for the building; the route from each exit shown on the diagram to a designated assembly area.\n(sec.18-ssec.2) For subsection (1) , the fire safety reference points under subsection (1) (a) to (f) and (1) (g) and (h) may be shown on separate diagrams.\n(sec.18-ssec.3) An evacuation diagram , for a part of a building, means a diagram, in an understandable form, of the part of the building showing the following (also the fire safety reference points )— the place that corresponds to the place in the part of the building where the diagram is displayed; each exit that is reasonably accessible from the part of the building; the route from the part of the building to each exit shown on the diagram; any intercommunication devices in the common areas that are reasonably accessible from the part of the building; the manually operated fire alarms that are reasonably accessible from the part of the building; the firefighting equipment that is reasonably accessible from the part of the building; a designated assembly area for the part of the building; the route from each exit shown on the diagram to a designated assembly area.\n(sec.18-ssec.4) For subsection (3) , the fire safety reference points under subsection (3) (a) to (f) and (3) (g) and (h) may be shown on separate diagrams.\n(sec.18-ssec.5) In this section— understandable form , for an evacuation diagram, means a form that would be easily understandable by a person who would be likely to be reading the diagram, if the person were reading the diagram in the event of a fire or hazardous materials emergency. whether the diagram is in a reasonable scale whether the diagram includes a legend clearly showing different parts of a building\n- (a) the place that corresponds to the place in the building where the diagram is displayed; Example for paragraph (a) — An evacuation diagram in a building shows an arrow pointing to a red spot that corresponds to the place in the building where the diagram is displayed. The words ‘You are here’ are stated in bold text near the arrow.\n- (b) the route from the place mentioned in paragraph (a) to the nearest exit of the building;\n- (c) each exit of the building;\n- (d) any intercommunication devices in the common areas of the building;\n- (e) the manually operated fire alarms in the building;\n- (f) the firefighting equipment in the building;\n- (g) each designated assembly area for the building;\n- (h) the route from each exit shown on the diagram to a designated assembly area.\n- (a) the place that corresponds to the place in the part of the building where the diagram is displayed;\n- (b) each exit that is reasonably accessible from the part of the building;\n- (c) the route from the part of the building to each exit shown on the diagram;\n- (d) any intercommunication devices in the common areas that are reasonably accessible from the part of the building;\n- (e) the manually operated fire alarms that are reasonably accessible from the part of the building;\n- (f) the firefighting equipment that is reasonably accessible from the part of the building;\n- (g) a designated assembly area for the part of the building;\n- (h) the route from each exit shown on the diagram to a designated assembly area.\n- • whether the diagram is in a reasonable scale\n- • whether the diagram includes a legend clearly showing different parts of a building","sortOrder":27},{"sectionNumber":"sec.19","sectionType":"section","heading":"Meaning of person with special needs","content":"### sec.19 Meaning of person with special needs\n\nFor arranging the evacuation of persons from a building, a person with special needs is a person for whom it is reasonable to make different arrangements from other persons because of—\na characteristic of the person; or\nThe person has a disability.\nThe person is a child.\nThe person is affected by liquor.\na matter relating to the person’s presence in the building.\nThe person is in lawful custody in the building.\nThe person works in an area of a building in which access or egress is restricted, including, for example, a basement.\nThe person works in a hazardous area of a building, including, for example, an area in which there are hazardous materials.\n- (a) a characteristic of the person; or Examples of a characteristic of a person— 1 The person has a disability. 2 The person is a child. 3 The person is affected by liquor.\n- 1 The person has a disability.\n- 2 The person is a child.\n- 3 The person is affected by liquor.\n- (b) a matter relating to the person’s presence in the building. Examples of a matter for paragraph (b) — 1 The person is in lawful custody in the building. 2 The person works in an area of a building in which access or egress is restricted, including, for example, a basement. 3 The person works in a hazardous area of a building, including, for example, an area in which there are hazardous materials.\n- 1 The person is in lawful custody in the building.\n- 2 The person works in an area of a building in which access or egress is restricted, including, for example, a basement.\n- 3 The person works in a hazardous area of a building, including, for example, an area in which there are hazardous materials.\n- 1 The person has a disability.\n- 2 The person is a child.\n- 3 The person is affected by liquor.\n- 1 The person is in lawful custody in the building.\n- 2 The person works in an area of a building in which access or egress is restricted, including, for example, a basement.\n- 3 The person works in a hazardous area of a building, including, for example, an area in which there are hazardous materials.","sortOrder":28},{"sectionNumber":"sec.20","sectionType":"section","heading":"Application of divs 2 , 3 , 5 and 6","content":"### sec.20 Application of divs 2 , 3 , 5 and 6\n\nDivisions 2 , 3 , 5 and 6 do not apply to—\nthe occupier of a budget accommodation building for which a fire safety management plan is required under section 27 of the Building Act or the Fire Services Act 1990 , section 146Q ; or\nthe occupier of a building used for conducting a residential service.\nSee also section 79 about compliance with division 2 .\ns 20 amd 2024 Act No. 22 s 92 sch 1\n- (a) the occupier of a budget accommodation building for which a fire safety management plan is required under section 27 of the Building Act or the Fire Services Act 1990 , section 146Q ; or\n- (b) the occupier of a building used for conducting a residential service.","sortOrder":29},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Fire and evacuation plans","content":"## Fire and evacuation plans","sortOrder":30},{"sectionNumber":"sec.21","sectionType":"section","heading":"General requirements","content":"### sec.21 General requirements\n\nThis section is subject to sections 22 and 23 .\nThe occupier of a building must ensure the fire and evacuation plan for the building—\nis kept in written form; and\nstates the matters mentioned in subsection (3) ; and\nincludes—\nthe evacuation diagram of the building; and\nif an evacuation diagram has been made for a part of the building—the evacuation diagram of the part of the building.\nMaximum penalty—30 penalty units.\nA fire and evacuation plan for a building must state each of the following—\nthe name, if any, and address of the building;\nthe name, address, telephone number and electronic contact details of the owner and occupier of the building;\nthe evacuation coordination procedures for the building;\ninstructions for evacuating the building safely in accordance with the evacuation coordination procedures for the building in the event of a fire or hazardous materials emergency;\nthe method of operation of firefighting equipment and manually operated fire alarms in the building;\nthe procedures for giving fire and evacuation instructions under this part to persons working in the building and ensuring the instructions are given;\nprocedures for giving general and first-response evacuation instructions to new workers during their induction\nprocedures for giving general evacuation instructions to workers in an electronic form and confirming the workers receive the instructions\nif the building is a high occupancy building—\nthe name, telephone number and electronic contact details of the fire safety adviser appointed for the building; and\na description of the building fire safety qualification held by the fire safety adviser; and\nthe name of the registered training organisation that issued the qualification; and\nthe date the qualification was issued;\nSee also section 83 about compliance with paragraph (g) .\nthe name, telephone number and electronic contact details of each person responsible for carrying out the evacuation coordination procedures and the date each person became responsible for carrying out the procedures;\nthe names, telephone numbers and electronic contact details of the persons responsible for the following matters—\ngiving the fire and evacuation instructions under paragraph (f) ;\ndeveloping, changing and reviewing the plan.\nIf a fire safety adviser has not been appointed because of section 34 (3) and (4) , subsection (3) (g) does not apply until the appointment.\ns 21 amd 2014 SL No. 296 s 4\n(sec.21-ssec.1) This section is subject to sections 22 and 23 .\n(sec.21-ssec.2) The occupier of a building must ensure the fire and evacuation plan for the building— is kept in written form; and states the matters mentioned in subsection (3) ; and includes— the evacuation diagram of the building; and if an evacuation diagram has been made for a part of the building—the evacuation diagram of the part of the building. Maximum penalty—30 penalty units.\n(sec.21-ssec.3) A fire and evacuation plan for a building must state each of the following— the name, if any, and address of the building; the name, address, telephone number and electronic contact details of the owner and occupier of the building; the evacuation coordination procedures for the building; instructions for evacuating the building safely in accordance with the evacuation coordination procedures for the building in the event of a fire or hazardous materials emergency; the method of operation of firefighting equipment and manually operated fire alarms in the building; the procedures for giving fire and evacuation instructions under this part to persons working in the building and ensuring the instructions are given; procedures for giving general and first-response evacuation instructions to new workers during their induction procedures for giving general evacuation instructions to workers in an electronic form and confirming the workers receive the instructions if the building is a high occupancy building— the name, telephone number and electronic contact details of the fire safety adviser appointed for the building; and a description of the building fire safety qualification held by the fire safety adviser; and the name of the registered training organisation that issued the qualification; and the date the qualification was issued; See also section 83 about compliance with paragraph (g) . the name, telephone number and electronic contact details of each person responsible for carrying out the evacuation coordination procedures and the date each person became responsible for carrying out the procedures; the names, telephone numbers and electronic contact details of the persons responsible for the following matters— giving the fire and evacuation instructions under paragraph (f) ; developing, changing and reviewing the plan.\n(sec.21-ssec.4) If a fire safety adviser has not been appointed because of section 34 (3) and (4) , subsection (3) (g) does not apply until the appointment.\n- (a) is kept in written form; and\n- (b) states the matters mentioned in subsection (3) ; and\n- (c) includes— (i) the evacuation diagram of the building; and (ii) if an evacuation diagram has been made for a part of the building—the evacuation diagram of the part of the building.\n- (i) the evacuation diagram of the building; and\n- (ii) if an evacuation diagram has been made for a part of the building—the evacuation diagram of the part of the building.\n- (i) the evacuation diagram of the building; and\n- (ii) if an evacuation diagram has been made for a part of the building—the evacuation diagram of the part of the building.\n- (a) the name, if any, and address of the building;\n- (b) the name, address, telephone number and electronic contact details of the owner and occupier of the building;\n- (c) the evacuation coordination procedures for the building;\n- (d) instructions for evacuating the building safely in accordance with the evacuation coordination procedures for the building in the event of a fire or hazardous materials emergency;\n- (e) the method of operation of firefighting equipment and manually operated fire alarms in the building;\n- (f) the procedures for giving fire and evacuation instructions under this part to persons working in the building and ensuring the instructions are given; Examples of procedures for paragraph (f) — • procedures for giving general and first-response evacuation instructions to new workers during their induction • procedures for giving general evacuation instructions to workers in an electronic form and confirming the workers receive the instructions\n- • procedures for giving general and first-response evacuation instructions to new workers during their induction\n- • procedures for giving general evacuation instructions to workers in an electronic form and confirming the workers receive the instructions\n- (g) if the building is a high occupancy building— (i) the name, telephone number and electronic contact details of the fire safety adviser appointed for the building; and (ii) a description of the building fire safety qualification held by the fire safety adviser; and (iii) the name of the registered training organisation that issued the qualification; and (iv) the date the qualification was issued; Note— See also section 83 about compliance with paragraph (g) .\n- (i) the name, telephone number and electronic contact details of the fire safety adviser appointed for the building; and\n- (ii) a description of the building fire safety qualification held by the fire safety adviser; and\n- (iii) the name of the registered training organisation that issued the qualification; and\n- (iv) the date the qualification was issued;\n- (h) the name, telephone number and electronic contact details of each person responsible for carrying out the evacuation coordination procedures and the date each person became responsible for carrying out the procedures;\n- (i) the names, telephone numbers and electronic contact details of the persons responsible for the following matters— (i) giving the fire and evacuation instructions under paragraph (f) ; (ii) developing, changing and reviewing the plan.\n- (i) giving the fire and evacuation instructions under paragraph (f) ;\n- (ii) developing, changing and reviewing the plan.\n- • procedures for giving general and first-response evacuation instructions to new workers during their induction\n- • procedures for giving general evacuation instructions to workers in an electronic form and confirming the workers receive the instructions\n- (i) the name, telephone number and electronic contact details of the fire safety adviser appointed for the building; and\n- (ii) a description of the building fire safety qualification held by the fire safety adviser; and\n- (iii) the name of the registered training organisation that issued the qualification; and\n- (iv) the date the qualification was issued;\n- (i) giving the fire and evacuation instructions under paragraph (f) ;\n- (ii) developing, changing and reviewing the plan.","sortOrder":31},{"sectionNumber":"sec.22","sectionType":"section","heading":"Requirements for managing entities","content":"### sec.22 Requirements for managing entities\n\nThis section applies to the managing entity of a multi-occupancy building for keeping the fire and evacuation plan for the building under this subdivision.\nThe managing entity must ensure the fire and evacuation plan takes into account the evacuation coordination procedures stated in the fire and evacuation plans for all parts of the building occupied by secondary occupiers.\nThe fire and evacuation plan for a shop in a shopping centre provides for persons in the shop to assemble at a point ( point ‘A’ ) outside an exit of the shop in the general access area to await further instructions. The fire and evacuation plan kept by centre management for the shopping centre provides for evacuating persons from point ‘A’.\nMaximum penalty—30 penalty units.\n(sec.22-ssec.1) This section applies to the managing entity of a multi-occupancy building for keeping the fire and evacuation plan for the building under this subdivision.\n(sec.22-ssec.2) The managing entity must ensure the fire and evacuation plan takes into account the evacuation coordination procedures stated in the fire and evacuation plans for all parts of the building occupied by secondary occupiers. The fire and evacuation plan for a shop in a shopping centre provides for persons in the shop to assemble at a point ( point ‘A’ ) outside an exit of the shop in the general access area to await further instructions. The fire and evacuation plan kept by centre management for the shopping centre provides for evacuating persons from point ‘A’. Maximum penalty—30 penalty units.","sortOrder":32},{"sectionNumber":"sec.23","sectionType":"section","heading":"Requirements for secondary occupiers","content":"### sec.23 Requirements for secondary occupiers\n\nThis section applies to the secondary occupier of a part of a multi-occupancy building for keeping the fire and evacuation plan for the part of the building under this subdivision.\nThe occupier must ensure the fire and evacuation plan for the part of the building complements the evacuation coordination procedures under the fire and evacuation plan kept by the managing entity for the building.\nThe fire and evacuation plan for part of an office block mentions the same designated assembly area mentioned in the fire and evacuation plan kept by the managing entity of the building.\nMaximum penalty—30 penalty units.\ns 23 amd 2014 SL No. 296 s 5\n(sec.23-ssec.1) This section applies to the secondary occupier of a part of a multi-occupancy building for keeping the fire and evacuation plan for the part of the building under this subdivision.\n(sec.23-ssec.2) The occupier must ensure the fire and evacuation plan for the part of the building complements the evacuation coordination procedures under the fire and evacuation plan kept by the managing entity for the building. The fire and evacuation plan for part of an office block mentions the same designated assembly area mentioned in the fire and evacuation plan kept by the managing entity of the building. Maximum penalty—30 penalty units.","sortOrder":33},{"sectionNumber":"sec.24","sectionType":"section","heading":"Fire and evacuation plan to include and reflect fire safety management procedure","content":"### sec.24 Fire and evacuation plan to include and reflect fire safety management procedure\n\nSubsection (2) applies if building work for a building involved an alternative solution for a relevant performance requirement that includes a fire safety management procedure as a condition of the occupation and use of the building.\na limitation on the use of finishes with fire hazard properties as defined under the BCA\na prohibition on storing hazardous materials above a stated height\na limitation on storing or using stated materials\na requirement that all of a building’s final exit doors be unlocked before it is occupied on the start of any day\na requirement to implement stated evacuation strategies or procedures\na restriction on the number and the distribution of a building’s occupants\na requirement that evacuation routes be kept clear of fittings and furnishings or be kept sterile\na prohibition on carrying out any hazardous processes or storage mentioned in the BCA, part E1D13, paragraph (2)(a)\nThe occupier of the building must ensure that—\na record of the fire safety management procedure is included in the building’s fire and evacuation plan; and\nthe plan adequately reflects the procedure.\nMaximum penalty—20 penalty units.\ns 24 amd 2025 SL No. 53 s 5\n(sec.24-ssec.1) Subsection (2) applies if building work for a building involved an alternative solution for a relevant performance requirement that includes a fire safety management procedure as a condition of the occupation and use of the building. a limitation on the use of finishes with fire hazard properties as defined under the BCA a prohibition on storing hazardous materials above a stated height a limitation on storing or using stated materials a requirement that all of a building’s final exit doors be unlocked before it is occupied on the start of any day a requirement to implement stated evacuation strategies or procedures a restriction on the number and the distribution of a building’s occupants a requirement that evacuation routes be kept clear of fittings and furnishings or be kept sterile a prohibition on carrying out any hazardous processes or storage mentioned in the BCA, part E1D13, paragraph (2)(a)\n(sec.24-ssec.2) The occupier of the building must ensure that— a record of the fire safety management procedure is included in the building’s fire and evacuation plan; and the plan adequately reflects the procedure. Maximum penalty—20 penalty units.\n- • a limitation on the use of finishes with fire hazard properties as defined under the BCA\n- • a prohibition on storing hazardous materials above a stated height\n- • a limitation on storing or using stated materials\n- • a requirement that all of a building’s final exit doors be unlocked before it is occupied on the start of any day\n- • a requirement to implement stated evacuation strategies or procedures\n- • a restriction on the number and the distribution of a building’s occupants\n- • a requirement that evacuation routes be kept clear of fittings and furnishings or be kept sterile\n- • a prohibition on carrying out any hazardous processes or storage mentioned in the BCA, part E1D13, paragraph (2)(a)\n- (a) a record of the fire safety management procedure is included in the building’s fire and evacuation plan; and\n- (b) the plan adequately reflects the procedure.","sortOrder":34},{"sectionNumber":"sec.25","sectionType":"section","heading":"Relevant approval documents to be obtained and kept with fire and evacuation plan","content":"### sec.25 Relevant approval documents to be obtained and kept with fire and evacuation plan\n\nThe occupier of a building must take reasonable steps to obtain the relevant approval documents for the building.\nasking the relevant local government, building certifier, building owner or manager for a copy of the relevant approval documents\nMaximum penalty—20 penalty units.\nThe occupier of a building must keep a relevant approval document for the building, or a copy of the document, with the building’s fire and evacuation plan.\nMaximum penalty—20 penalty units.\nDespite subsections (1) and (2) , the secondary occupier of a part of a multi-occupancy building is not required to take reasonable steps to obtain, or keep, a relevant approval document for the part of the building if the managing entity of the building has obtained the document.\nIn this section—\nrelevant approval document , for a building, means an approval document for a building development application for the building that is relevant to a matter included in the fire and evacuation plan for the building.\na list of required fire safety installations for the building and required special fire services applying to the building work\na statement under the Building Act , section 68A or other supporting document for a building development application, about an alternative solution that includes a condition for occupation and use of the building\n(sec.25-ssec.1) The occupier of a building must take reasonable steps to obtain the relevant approval documents for the building. asking the relevant local government, building certifier, building owner or manager for a copy of the relevant approval documents Maximum penalty—20 penalty units.\n(sec.25-ssec.2) The occupier of a building must keep a relevant approval document for the building, or a copy of the document, with the building’s fire and evacuation plan. Maximum penalty—20 penalty units.\n(sec.25-ssec.3) Despite subsections (1) and (2) , the secondary occupier of a part of a multi-occupancy building is not required to take reasonable steps to obtain, or keep, a relevant approval document for the part of the building if the managing entity of the building has obtained the document.\n(sec.25-ssec.4) In this section— relevant approval document , for a building, means an approval document for a building development application for the building that is relevant to a matter included in the fire and evacuation plan for the building. a list of required fire safety installations for the building and required special fire services applying to the building work a statement under the Building Act , section 68A or other supporting document for a building development application, about an alternative solution that includes a condition for occupation and use of the building\n- • a list of required fire safety installations for the building and required special fire services applying to the building work\n- • a statement under the Building Act , section 68A or other supporting document for a building development application, about an alternative solution that includes a condition for occupation and use of the building","sortOrder":35},{"sectionNumber":"sec.26","sectionType":"section","heading":"Accessing a fire and evacuation plan","content":"### sec.26 Accessing a fire and evacuation plan\n\nThe occupier of a building must—\nensure the fire and evacuation plan for the building is made available for inspection in the building during its normal business hours; and\nallow an interested person to inspect the fire and evacuation plan free of charge.\nMaximum penalty—20 penalty units.\nThe occupier of a high occupancy building must allow the fire safety adviser for the building to—\ninspect the fire and evacuation plan for the building at any reasonable time; and\ncopy the plan.\nMaximum penalty—20 penalty units.\nIn this section—\ninterested person , in relation to the fire and evacuation plan for a building, means—\na person the occupier of the building considers has a sufficient interest in the plan; or\na person who is authorised by law to inspect the plan.\ns 26 amd 2014 SL No. 296 s 6\n(sec.26-ssec.1) The occupier of a building must— ensure the fire and evacuation plan for the building is made available for inspection in the building during its normal business hours; and allow an interested person to inspect the fire and evacuation plan free of charge. Maximum penalty—20 penalty units.\n(sec.26-ssec.2) The occupier of a high occupancy building must allow the fire safety adviser for the building to— inspect the fire and evacuation plan for the building at any reasonable time; and copy the plan. Maximum penalty—20 penalty units.\n(sec.26-ssec.3) In this section— interested person , in relation to the fire and evacuation plan for a building, means— a person the occupier of the building considers has a sufficient interest in the plan; or a person who is authorised by law to inspect the plan.\n- (a) ensure the fire and evacuation plan for the building is made available for inspection in the building during its normal business hours; and\n- (b) allow an interested person to inspect the fire and evacuation plan free of charge.\n- (a) inspect the fire and evacuation plan for the building at any reasonable time; and\n- (b) copy the plan.\n- (a) a person the occupier of the building considers has a sufficient interest in the plan; or\n- (b) a person who is authorised by law to inspect the plan.","sortOrder":36},{"sectionNumber":"sec.27","sectionType":"section","heading":"Changing a fire and evacuation plan","content":"### sec.27 Changing a fire and evacuation plan\n\nThe occupier of a building must change the fire and evacuation plan for the building no later than 1 month after a change in circumstances affecting—\nthe plan’s compliance with the requirements under section 21 , 22 , 23 or 24 ; or\nthe implementation of the plan.\na person starting or ceasing to be responsible for carrying out evacuation coordination procedures in the building\nrefurbishment or a change in the use of the building\nMaximum penalty—30 penalty units.\nIf the managing entity of a multi-occupancy building changes the fire and evacuation plan for the building under subsection (1) , the entity must, no later than 1 month after the change, give a written notice about the change to—\neach secondary occupier in the building; and\nif the building is a high occupancy building—the fire safety adviser for the building.\nMaximum penalty—20 penalty units.\nFor subsection (2) (a) , if 2 or more secondary occupiers jointly occupy a part of a building, the managing entity complies with the requirement to give the notice to the occupiers by giving the notice to 1 of the occupiers.\nIf the secondary occupier of a part of a multi-occupancy building changes the fire and evacuation plan for the part of the building under subsection (1) , the occupier must, no later than 1 month after the change, give a written notice about the change to—\nthe managing entity of the building; and\nif the building is a high occupancy building—the fire safety adviser for the building.\nMaximum penalty—20 penalty units.\ns 27 amd 2014 SL No. 296 s 7\n(sec.27-ssec.1) The occupier of a building must change the fire and evacuation plan for the building no later than 1 month after a change in circumstances affecting— the plan’s compliance with the requirements under section 21 , 22 , 23 or 24 ; or the implementation of the plan. a person starting or ceasing to be responsible for carrying out evacuation coordination procedures in the building refurbishment or a change in the use of the building Maximum penalty—30 penalty units.\n(sec.27-ssec.2) If the managing entity of a multi-occupancy building changes the fire and evacuation plan for the building under subsection (1) , the entity must, no later than 1 month after the change, give a written notice about the change to— each secondary occupier in the building; and if the building is a high occupancy building—the fire safety adviser for the building. Maximum penalty—20 penalty units.\n(sec.27-ssec.3) For subsection (2) (a) , if 2 or more secondary occupiers jointly occupy a part of a building, the managing entity complies with the requirement to give the notice to the occupiers by giving the notice to 1 of the occupiers.\n(sec.27-ssec.4) If the secondary occupier of a part of a multi-occupancy building changes the fire and evacuation plan for the part of the building under subsection (1) , the occupier must, no later than 1 month after the change, give a written notice about the change to— the managing entity of the building; and if the building is a high occupancy building—the fire safety adviser for the building. Maximum penalty—20 penalty units.\n- (a) the plan’s compliance with the requirements under section 21 , 22 , 23 or 24 ; or\n- (b) the implementation of the plan.\n- • a person starting or ceasing to be responsible for carrying out evacuation coordination procedures in the building\n- • refurbishment or a change in the use of the building\n- (a) each secondary occupier in the building; and\n- (b) if the building is a high occupancy building—the fire safety adviser for the building.\n- (a) the managing entity of the building; and\n- (b) if the building is a high occupancy building—the fire safety adviser for the building.","sortOrder":37},{"sectionNumber":"sec.28","sectionType":"section","heading":"Reviewing a fire and evacuation plan","content":"### sec.28 Reviewing a fire and evacuation plan\n\nThe occupier of a building must carry out a review of the fire and evacuation plan for the building at intervals of not more than 1 year.\nMaximum penalty—20 penalty units.\nThe occupier must—\nkeep a written record of the review; and\nif the building is a high occupancy building—give a copy of the record to the fire safety adviser for the building within 1 month after the review.\nMaximum penalty—20 penalty units.\n(sec.28-ssec.1) The occupier of a building must carry out a review of the fire and evacuation plan for the building at intervals of not more than 1 year. Maximum penalty—20 penalty units.\n(sec.28-ssec.2) The occupier must— keep a written record of the review; and if the building is a high occupancy building—give a copy of the record to the fire safety adviser for the building within 1 month after the review. Maximum penalty—20 penalty units.\n- (a) keep a written record of the review; and\n- (b) if the building is a high occupancy building—give a copy of the record to the fire safety adviser for the building within 1 month after the review.","sortOrder":38},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Evacuation signs and diagrams","content":"## Evacuation signs and diagrams","sortOrder":39},{"sectionNumber":"sec.29","sectionType":"section","heading":"References to an evacuation sign","content":"### sec.29 References to an evacuation sign\n\nAn evacuation sign , for a building, means a sign stating the procedures for safely evacuating the building, or the part of the building in which the sign is displayed, in the event of a fire or hazardous materials emergency.\nA reference to an evacuation sign includes a reference to an evacuation sign on which an evacuation diagram is shown.\n(sec.29-ssec.1) An evacuation sign , for a building, means a sign stating the procedures for safely evacuating the building, or the part of the building in which the sign is displayed, in the event of a fire or hazardous materials emergency.\n(sec.29-ssec.2) A reference to an evacuation sign includes a reference to an evacuation sign on which an evacuation diagram is shown.","sortOrder":40},{"sectionNumber":"sec.30","sectionType":"section","heading":"Evacuation signs and diagrams to be displayed","content":"### sec.30 Evacuation signs and diagrams to be displayed\n\nThe occupier of a building must display evacuation signs and evacuation diagrams for the building in compliance with subsections (2) and (3) .\nMaximum penalty—30 penalty units.\nEvacuation signs and evacuation diagrams for a building must be appropriately located on each evacuation route of the building having regard to the number and location of exits in the building.\nEach evacuation sign and evacuation diagram must be—\ndisplayed in a conspicuous position; and\norientated so the direction of the route shown on the sign or diagram from the place in the building where the sign or diagram is displayed to the nearest exit of the building corresponds with the actual direction of the route from the place to the exit; and\nsecurely attached to a wall or the internal side of a door.\nThis section does not apply if the total floor area of the building is less than 300m 2 .\ns 30 amd 2014 SL No. 296 s 8\n(sec.30-ssec.1) The occupier of a building must display evacuation signs and evacuation diagrams for the building in compliance with subsections (2) and (3) . Maximum penalty—30 penalty units.\n(sec.30-ssec.2) Evacuation signs and evacuation diagrams for a building must be appropriately located on each evacuation route of the building having regard to the number and location of exits in the building.\n(sec.30-ssec.3) Each evacuation sign and evacuation diagram must be— displayed in a conspicuous position; and orientated so the direction of the route shown on the sign or diagram from the place in the building where the sign or diagram is displayed to the nearest exit of the building corresponds with the actual direction of the route from the place to the exit; and securely attached to a wall or the internal side of a door.\n(sec.30-ssec.4) This section does not apply if the total floor area of the building is less than 300m 2 .\n- (a) displayed in a conspicuous position; and\n- (b) orientated so the direction of the route shown on the sign or diagram from the place in the building where the sign or diagram is displayed to the nearest exit of the building corresponds with the actual direction of the route from the place to the exit; and\n- (c) securely attached to a wall or the internal side of a door.","sortOrder":41},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Instructions for prescribed persons— Fire Services Act 1990 , section 146O","content":"## Instructions for prescribed persons— Fire Services Act 1990 , section 146O","sortOrder":42},{"sectionNumber":"sec.31","sectionType":"section","heading":"Prescribed time and period for prescribed persons","content":"### sec.31 Prescribed time and period for prescribed persons\n\nAt any given time, a person is a prescribed person for the Fire Services Act 1990 , section 146O if, during the previous 3 months, there have been at least 2 weeks in which the person worked or resided in or visited the building for a total period, in each week, of at least 10 hours.\ns 31 amd 2024 Act No. 22 s 92 sch 1","sortOrder":43},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Fire and evacuation instructions—buildings used for temporary events","content":"## Fire and evacuation instructions—buildings used for temporary events","sortOrder":44},{"sectionNumber":"sec.32","sectionType":"section","heading":"Fire and evacuation instructions","content":"### sec.32 Fire and evacuation instructions\n\nThis section applies to the occupier of a building if—\nthe occupier intends to use the building mainly for conducting an event that the occupier reasonably expects members of the public to attend; and\nthe event is to be conducted for no longer than 3 months.\nBefore a person starts to work in the building, the occupier must give the person general evacuation instructions and first-response evacuation instructions for the building.\nMaximum penalty—30 penalty units.\nBefore the building is used for conducting the event, the occupier must give the evacuation coordination instructions for the building to the persons responsible for carrying out the evacuation coordination procedures under the fire and evacuation plan for the building.\nMaximum penalty—30 penalty units.\ns 32 amd 2014 SL No. 296 s 9\n(sec.32-ssec.1) This section applies to the occupier of a building if— the occupier intends to use the building mainly for conducting an event that the occupier reasonably expects members of the public to attend; and the event is to be conducted for no longer than 3 months.\n(sec.32-ssec.2) Before a person starts to work in the building, the occupier must give the person general evacuation instructions and first-response evacuation instructions for the building. Maximum penalty—30 penalty units.\n(sec.32-ssec.3) Before the building is used for conducting the event, the occupier must give the evacuation coordination instructions for the building to the persons responsible for carrying out the evacuation coordination procedures under the fire and evacuation plan for the building. Maximum penalty—30 penalty units.\n- (a) the occupier intends to use the building mainly for conducting an event that the occupier reasonably expects members of the public to attend; and\n- (b) the event is to be conducted for no longer than 3 months.","sortOrder":45},{"sectionNumber":"pt.4-div.6","sectionType":"division","heading":"Fire and evacuation instructions—other buildings","content":"## Fire and evacuation instructions—other buildings","sortOrder":46},{"sectionNumber":"sec.33","sectionType":"section","heading":"Application of div 6","content":"### sec.33 Application of div 6\n\nThis division applies to buildings other than buildings to which section 32 applies.","sortOrder":47},{"sectionNumber":"sec.34","sectionType":"section","heading":"Appointment of fire safety advisers for high occupancy buildings","content":"### sec.34 Appointment of fire safety advisers for high occupancy buildings\n\nSubject to subsections (3) and (4) , the occupier of a high occupancy building must appoint a person who holds a current building fire safety qualification as the fire safety adviser for the building.\nMaximum penalty—30 penalty units.\nIf the occupier is the occupier of 2 or more high occupancy buildings, the occupier may appoint the same person as the fire safety adviser for 2 or more of the buildings.\nSubsection (4) applies if an entity (also the occupier ) starts to occupy a high occupancy building.\nThe occupier is not required to appoint a fire safety adviser for the building until 1 month after the occupier starts to occupy the building.\nA person’s appointment as a fire safety adviser ends if the person no longer holds a current building fire safety qualification.\nIn this section—\ncurrent building fire safety qualification means a building fire safety qualification issued within the last 3 years.\nSee section 83 about compliance with subsections (1) to (4) .\n(sec.34-ssec.1) Subject to subsections (3) and (4) , the occupier of a high occupancy building must appoint a person who holds a current building fire safety qualification as the fire safety adviser for the building. Maximum penalty—30 penalty units.\n(sec.34-ssec.2) If the occupier is the occupier of 2 or more high occupancy buildings, the occupier may appoint the same person as the fire safety adviser for 2 or more of the buildings.\n(sec.34-ssec.3) Subsection (4) applies if an entity (also the occupier ) starts to occupy a high occupancy building.\n(sec.34-ssec.4) The occupier is not required to appoint a fire safety adviser for the building until 1 month after the occupier starts to occupy the building.\n(sec.34-ssec.5) A person’s appointment as a fire safety adviser ends if the person no longer holds a current building fire safety qualification.\n(sec.34-ssec.6) In this section— current building fire safety qualification means a building fire safety qualification issued within the last 3 years. See section 83 about compliance with subsections (1) to (4) .","sortOrder":48},{"sectionNumber":"sec.35","sectionType":"section","heading":"General evacuation instructions","content":"### sec.35 General evacuation instructions\n\nSubject to subsections (2) to (4) , the occupier of a building must give general evacuation instructions for the building to each person working in the building at intervals of not more than 1 year.\nMaximum penalty—30 penalty units.\nThe occupier must give general evacuation instructions for the building to a person who starts working in the building no later than 2 days after the person starts working in the building.\nMaximum penalty—30 penalty units.\nSubsection (4) applies if there is a material change to—\nthe location of a fire safety reference point for the building; or\nthe procedures for evacuating the building safely in the event of a fire or hazardous materials emergency.\nThe occupier must give the general evacuation instructions for the building, as changed, to each person working in the building no later than 1 month after the change.\nMaximum penalty—30 penalty units.\ns 35 amd 2014 SL No. 296 s 10\n(sec.35-ssec.1) Subject to subsections (2) to (4) , the occupier of a building must give general evacuation instructions for the building to each person working in the building at intervals of not more than 1 year. Maximum penalty—30 penalty units.\n(sec.35-ssec.2) The occupier must give general evacuation instructions for the building to a person who starts working in the building no later than 2 days after the person starts working in the building. Maximum penalty—30 penalty units.\n(sec.35-ssec.3) Subsection (4) applies if there is a material change to— the location of a fire safety reference point for the building; or the procedures for evacuating the building safely in the event of a fire or hazardous materials emergency.\n(sec.35-ssec.4) The occupier must give the general evacuation instructions for the building, as changed, to each person working in the building no later than 1 month after the change. Maximum penalty—30 penalty units.\n- (a) the location of a fire safety reference point for the building; or\n- (b) the procedures for evacuating the building safely in the event of a fire or hazardous materials emergency.","sortOrder":49},{"sectionNumber":"sec.36","sectionType":"section","heading":"General requirements","content":"### sec.36 General requirements\n\nSubject to subsections (2) to (4) , the occupier of a building must give first-response evacuation instructions for the building to each person working in the building at intervals of not more than 2 years.\nby a CD or the internet\nMaximum penalty—30 penalty units.\nThe occupier must give first-response evacuation instructions for the building to a person who starts working in the building no later than 1 month after the person starts working in the building.\nMaximum penalty—30 penalty units.\nSubsection (4) applies if there is a material change to the method of operation of a manually operated fire alarm or firefighting equipment in the building.\nThe occupier of the building must give the first-response evacuation instructions for the building, as changed, to each person working in the building no later than 1 month after the change.\nMaximum penalty—30 penalty units.\ns 36 amd 2014 SL No. 296 s 11\n(sec.36-ssec.1) Subject to subsections (2) to (4) , the occupier of a building must give first-response evacuation instructions for the building to each person working in the building at intervals of not more than 2 years. by a CD or the internet Maximum penalty—30 penalty units.\n(sec.36-ssec.2) The occupier must give first-response evacuation instructions for the building to a person who starts working in the building no later than 1 month after the person starts working in the building. Maximum penalty—30 penalty units.\n(sec.36-ssec.3) Subsection (4) applies if there is a material change to the method of operation of a manually operated fire alarm or firefighting equipment in the building.\n(sec.36-ssec.4) The occupier of the building must give the first-response evacuation instructions for the building, as changed, to each person working in the building no later than 1 month after the change. Maximum penalty—30 penalty units.","sortOrder":50},{"sectionNumber":"sec.37","sectionType":"section","heading":"Additional requirement for high occupancy buildings","content":"### sec.37 Additional requirement for high occupancy buildings\n\nThis section applies to the occupier of a high occupancy building for giving first-response evacuation instructions for the building under section 36 .\nThe occupier must ensure—\nthe instructions are given by a registered training organisation; or\nthe fire safety adviser for the building gives the instructions or arranges for the instructions to be given.\nMaximum penalty—30 penalty units.\nSee section 83 about compliance with this section.\n(sec.37-ssec.1) This section applies to the occupier of a high occupancy building for giving first-response evacuation instructions for the building under section 36 .\n(sec.37-ssec.2) The occupier must ensure— the instructions are given by a registered training organisation; or the fire safety adviser for the building gives the instructions or arranges for the instructions to be given. Maximum penalty—30 penalty units. See section 83 about compliance with this section.\n- (a) the instructions are given by a registered training organisation; or\n- (b) the fire safety adviser for the building gives the instructions or arranges for the instructions to be given.","sortOrder":51},{"sectionNumber":"sec.38","sectionType":"section","heading":"General requirements","content":"### sec.38 General requirements\n\nThe occupier of a building must give the evacuation coordination instructions for the building, at intervals of not more than 1 year, to the persons responsible for carrying out the evacuation coordination procedures under the building’s fire and evacuation plan (the responsible persons ).\nMaximum penalty—30 penalty units.\nSubsection (1) is subject to subsections (3) and (4) and sections 39 and 40 .\nSubsection (4) applies if there is a material change to an evacuation coordination procedure.\nThe occupier must give the evacuation coordination instructions, as changed, to the responsible persons no later than 1 month after the change.\nMaximum penalty—30 penalty units.\ns 38 amd 2014 SL No. 296 s 12\n(sec.38-ssec.1) The occupier of a building must give the evacuation coordination instructions for the building, at intervals of not more than 1 year, to the persons responsible for carrying out the evacuation coordination procedures under the building’s fire and evacuation plan (the responsible persons ). Maximum penalty—30 penalty units.\n(sec.38-ssec.2) Subsection (1) is subject to subsections (3) and (4) and sections 39 and 40 .\n(sec.38-ssec.3) Subsection (4) applies if there is a material change to an evacuation coordination procedure.\n(sec.38-ssec.4) The occupier must give the evacuation coordination instructions, as changed, to the responsible persons no later than 1 month after the change. Maximum penalty—30 penalty units.","sortOrder":52},{"sectionNumber":"sec.39","sectionType":"section","heading":"Requirements for instructing new persons","content":"### sec.39 Requirements for instructing new persons\n\nThis section applies if a person is to become responsible for carrying out an evacuation coordination procedure under the building’s fire and evacuation plan.\nThe occupier must give the evacuation coordination instructions to the person within 1 month before the person becomes responsible for carrying out the evacuation coordination procedure.\nMaximum penalty—30 penalty units.\ns 39 amd 2014 SL No. 296 s 13\n(sec.39-ssec.1) This section applies if a person is to become responsible for carrying out an evacuation coordination procedure under the building’s fire and evacuation plan.\n(sec.39-ssec.2) The occupier must give the evacuation coordination instructions to the person within 1 month before the person becomes responsible for carrying out the evacuation coordination procedure. Maximum penalty—30 penalty units.","sortOrder":53},{"sectionNumber":"sec.40","sectionType":"section","heading":"Requirements for new occupiers","content":"### sec.40 Requirements for new occupiers\n\nThis section applies if an entity starts to occupy a building.\nThe entity must, within 2 months after starting to occupy the building, give the evacuation coordination instructions for the building to the persons responsible for carrying out the evacuation coordination procedures under the building’s fire and evacuation plan.\nMaximum penalty—30 penalty units.\ns 40 amd 2014 SL No. 296 s 14\n(sec.40-ssec.1) This section applies if an entity starts to occupy a building.\n(sec.40-ssec.2) The entity must, within 2 months after starting to occupy the building, give the evacuation coordination instructions for the building to the persons responsible for carrying out the evacuation coordination procedures under the building’s fire and evacuation plan. Maximum penalty—30 penalty units.","sortOrder":54},{"sectionNumber":"sec.41","sectionType":"section","heading":"Additional requirements for high occupancy buildings","content":"### sec.41 Additional requirements for high occupancy buildings\n\nThis section applies to the occupier of a high occupancy building for giving evacuation coordination instructions for the building under this subdivision.\nThe occupier must ensure the fire safety adviser for the building—\nis familiar with the evacuation coordination procedures for the building; and\ngives the evacuation coordination instructions or arranges for the instructions to be given.\nMaximum penalty—30 penalty units.\nSee section 83 about compliance with this section.\n(sec.41-ssec.1) This section applies to the occupier of a high occupancy building for giving evacuation coordination instructions for the building under this subdivision.\n(sec.41-ssec.2) The occupier must ensure the fire safety adviser for the building— is familiar with the evacuation coordination procedures for the building; and gives the evacuation coordination instructions or arranges for the instructions to be given. Maximum penalty—30 penalty units. See section 83 about compliance with this section.\n- (a) is familiar with the evacuation coordination procedures for the building; and\n- (b) gives the evacuation coordination instructions or arranges for the instructions to be given.","sortOrder":55},{"sectionNumber":"sec.42","sectionType":"section","heading":null,"content":"### Section sec.42\n\ns 42 om 2014 SL No. 296 s 15","sortOrder":56},{"sectionNumber":"pt.4-div.7","sectionType":"division","heading":"Evacuation practice","content":"## Evacuation practice","sortOrder":57},{"sectionNumber":"sec.43","sectionType":"section","heading":"Evacuation practice—budget accommodation buildings","content":"### sec.43 Evacuation practice—budget accommodation buildings\n\nThis section applies to the occupier of a budget accommodation building.\nThe occupier must ensure that an evacuation of the building is carried out in accordance with the building’s fire and evacuation plan at intervals of not more than 1 year.\nMaximum penalty—30 penalty units.\n(sec.43-ssec.1) This section applies to the occupier of a budget accommodation building.\n(sec.43-ssec.2) The occupier must ensure that an evacuation of the building is carried out in accordance with the building’s fire and evacuation plan at intervals of not more than 1 year. Maximum penalty—30 penalty units.","sortOrder":58},{"sectionNumber":"sec.44","sectionType":"section","heading":"Evacuation practice—other buildings","content":"### sec.44 Evacuation practice—other buildings\n\nThis section applies to the occupier of a building other than a budget accommodation building.\nThe occupier of the building must ensure that an evacuation of the building is carried out—\nby an appropriate number of persons; and\nin an appropriate way; and\nat intervals of not more than 1 year.\nA public hospital administrator responsible for the hospital’s fire and evacuation plan considers that an evacuation practice for staff and patients of the hospital’s intensive care unit would adversely affect the patients’ health. For carrying out an evacuation of the intensive care unit for this section, the administrator arranges to run a computer program that simulates evacuation of the staff and patients from the unit.\nThe managing agent for an apartment block has made reasonable efforts to contact residents of the building to organise a practice evacuation but some residents are absent and others are sick. The agent arranges an evacuation at a time when most of the residents are present. The agent also arranges for some residents to evacuate from different parts of the building’s general access area to simulate evacuation of the residents who live near those parts.\nMaximum penalty—30 penalty units.\nIn this section—\nappropriate number of persons , for carrying out an evacuation of a building, means the number of persons that is appropriate for effectively implementing the building’s fire and evacuation plan, having regard to the number, mobility and other relevant characteristics of persons who would be likely to need to be evacuated from the building in the event of a fire or hazardous materials emergency.\nappropriate way , for carrying out an evacuation of a building, means a way that is appropriate for effectively implementing the building’s fire and evacuation plan, having regard to the number, mobility and other relevant characteristics of persons who would be likely to need to be evacuated from the building in the event of a fire or hazardous materials emergency.\n(sec.44-ssec.1) This section applies to the occupier of a building other than a budget accommodation building.\n(sec.44-ssec.2) The occupier of the building must ensure that an evacuation of the building is carried out— by an appropriate number of persons; and in an appropriate way; and at intervals of not more than 1 year. A public hospital administrator responsible for the hospital’s fire and evacuation plan considers that an evacuation practice for staff and patients of the hospital’s intensive care unit would adversely affect the patients’ health. For carrying out an evacuation of the intensive care unit for this section, the administrator arranges to run a computer program that simulates evacuation of the staff and patients from the unit. The managing agent for an apartment block has made reasonable efforts to contact residents of the building to organise a practice evacuation but some residents are absent and others are sick. The agent arranges an evacuation at a time when most of the residents are present. The agent also arranges for some residents to evacuate from different parts of the building’s general access area to simulate evacuation of the residents who live near those parts. Maximum penalty—30 penalty units.\n(sec.44-ssec.3) In this section— appropriate number of persons , for carrying out an evacuation of a building, means the number of persons that is appropriate for effectively implementing the building’s fire and evacuation plan, having regard to the number, mobility and other relevant characteristics of persons who would be likely to need to be evacuated from the building in the event of a fire or hazardous materials emergency. appropriate way , for carrying out an evacuation of a building, means a way that is appropriate for effectively implementing the building’s fire and evacuation plan, having regard to the number, mobility and other relevant characteristics of persons who would be likely to need to be evacuated from the building in the event of a fire or hazardous materials emergency.\n- (a) by an appropriate number of persons; and\n- (b) in an appropriate way; and\n- (c) at intervals of not more than 1 year.\n- 1 A public hospital administrator responsible for the hospital’s fire and evacuation plan considers that an evacuation practice for staff and patients of the hospital’s intensive care unit would adversely affect the patients’ health. For carrying out an evacuation of the intensive care unit for this section, the administrator arranges to run a computer program that simulates evacuation of the staff and patients from the unit.\n- 2 The managing agent for an apartment block has made reasonable efforts to contact residents of the building to organise a practice evacuation but some residents are absent and others are sick. The agent arranges an evacuation at a time when most of the residents are present. The agent also arranges for some residents to evacuate from different parts of the building’s general access area to simulate evacuation of the residents who live near those parts.","sortOrder":59},{"sectionNumber":"pt.4-div.8","sectionType":"division","heading":"Records","content":"## Records","sortOrder":60},{"sectionNumber":"sec.45","sectionType":"section","heading":"Fire and evacuation instruction record","content":"### sec.45 Fire and evacuation instruction record\n\nThe occupier of a building must keep a record (a fire and evacuation instruction record ), complying with subsection (2) , for each occasion fire and evacuation instructions for the building are given to a person.\nMaximum penalty—20 penalty units.\nThe fire and evacuation instruction record must state the following—\nthe name of each person who was given the instructions;\nthe name of the person who gave the instructions;\nthe date the instructions were given;\na brief description of the instructions given.\n(sec.45-ssec.1) The occupier of a building must keep a record (a fire and evacuation instruction record ), complying with subsection (2) , for each occasion fire and evacuation instructions for the building are given to a person. Maximum penalty—20 penalty units.\n(sec.45-ssec.2) The fire and evacuation instruction record must state the following— the name of each person who was given the instructions; the name of the person who gave the instructions; the date the instructions were given; a brief description of the instructions given.\n- (a) the name of each person who was given the instructions;\n- (b) the name of the person who gave the instructions;\n- (c) the date the instructions were given;\n- (d) a brief description of the instructions given.","sortOrder":61},{"sectionNumber":"sec.46","sectionType":"section","heading":"Evacuation practice record","content":"### sec.46 Evacuation practice record\n\nThe occupier of a building must keep a record (an evacuation practice record ), complying with subsection (2) , of each evacuation of the building carried out under section 43 or 44 .\nMaximum penalty—20 penalty units.\nThe evacuation practice record must state the following—\nthe date of the evacuation;\nthe times when the evacuation started and ended;\nany action to be taken as a result of the evacuation, including, for example, carrying out a review of the building’s fire and evacuation plan or giving additional fire and evacuation instructions.\n(sec.46-ssec.1) The occupier of a building must keep a record (an evacuation practice record ), complying with subsection (2) , of each evacuation of the building carried out under section 43 or 44 . Maximum penalty—20 penalty units.\n(sec.46-ssec.2) The evacuation practice record must state the following— the date of the evacuation; the times when the evacuation started and ended; any action to be taken as a result of the evacuation, including, for example, carrying out a review of the building’s fire and evacuation plan or giving additional fire and evacuation instructions.\n- (a) the date of the evacuation;\n- (b) the times when the evacuation started and ended;\n- (c) any action to be taken as a result of the evacuation, including, for example, carrying out a review of the building’s fire and evacuation plan or giving additional fire and evacuation instructions.","sortOrder":62},{"sectionNumber":"pt.4-div.9","sectionType":"division","heading":"Obligation of owners of accommodation units","content":"## Obligation of owners of accommodation units","sortOrder":63},{"sectionNumber":"sec.47","sectionType":"section","heading":"Meaning of accommodation unit","content":"### sec.47 Meaning of accommodation unit\n\nIn this division, an accommodation unit means an apartment, room or other part of a building, used for providing accommodation to a person.\nan apartment used by holidaymakers\na serviced apartment\na room in a guesthouse, hotel or motel used for accommodating guests\nHowever, an accommodation unit does not include a part of a building occupied by a person who owns, or is a tenant of, the part of the building.\n(sec.47-ssec.1) In this division, an accommodation unit means an apartment, room or other part of a building, used for providing accommodation to a person. an apartment used by holidaymakers a serviced apartment a room in a guesthouse, hotel or motel used for accommodating guests\n(sec.47-ssec.2) However, an accommodation unit does not include a part of a building occupied by a person who owns, or is a tenant of, the part of the building.\n- • an apartment used by holidaymakers\n- • a serviced apartment\n- • a room in a guesthouse, hotel or motel used for accommodating guests","sortOrder":64},{"sectionNumber":"sec.48","sectionType":"section","heading":"Signs to be displayed in accommodation units","content":"### sec.48 Signs to be displayed in accommodation units\n\nThe owner of an accommodation unit in a building must display in the unit a sign that—\nshows the location of—\neach route from the unit to a place of safety outside the building; and\nfirefighting equipment and manually operated fire alarms in and near to the unit; and\nstates the procedures for safely evacuating the building in the event of a fire or hazardous materials emergency.\nMaximum penalty—30 penalty units.\nThe sign must be—\ndisplayed in a conspicuous place in the accommodation unit; and\norientated so the direction of the route shown on the sign from the place in the building where the sign is displayed to the nearest exit of the building corresponds with the actual direction of the route from the place to the exit; and\nsecurely attached to a wall or the internal side of a door in the unit.\nMaximum penalty—30 penalty units.\ns 48 amd 2014 SL No. 296 s 16\n(sec.48-ssec.1) The owner of an accommodation unit in a building must display in the unit a sign that— shows the location of— each route from the unit to a place of safety outside the building; and firefighting equipment and manually operated fire alarms in and near to the unit; and states the procedures for safely evacuating the building in the event of a fire or hazardous materials emergency. Maximum penalty—30 penalty units.\n(sec.48-ssec.2) The sign must be— displayed in a conspicuous place in the accommodation unit; and orientated so the direction of the route shown on the sign from the place in the building where the sign is displayed to the nearest exit of the building corresponds with the actual direction of the route from the place to the exit; and securely attached to a wall or the internal side of a door in the unit. Maximum penalty—30 penalty units.\n- (a) shows the location of— (i) each route from the unit to a place of safety outside the building; and (ii) firefighting equipment and manually operated fire alarms in and near to the unit; and\n- (i) each route from the unit to a place of safety outside the building; and\n- (ii) firefighting equipment and manually operated fire alarms in and near to the unit; and\n- (b) states the procedures for safely evacuating the building in the event of a fire or hazardous materials emergency.\n- (i) each route from the unit to a place of safety outside the building; and\n- (ii) firefighting equipment and manually operated fire alarms in and near to the unit; and\n- (a) displayed in a conspicuous place in the accommodation unit; and\n- (b) orientated so the direction of the route shown on the sign from the place in the building where the sign is displayed to the nearest exit of the building corresponds with the actual direction of the route from the place to the exit; and\n- (c) securely attached to a wall or the internal side of a door in the unit.","sortOrder":65},{"sectionNumber":"pt.5","sectionType":"part","heading":"Prescribed fire safety installations","content":"# Prescribed fire safety installations","sortOrder":66},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Definition for pt 5","content":"## Definition for pt 5","sortOrder":67},{"sectionNumber":"sec.49","sectionType":"section","heading":"Meaning of critical defect","content":"### sec.49 Meaning of critical defect\n\nA defect in a prescribed fire safety installation for a building is a critical defect if—\nthe defect is likely to render the installation inoperable; and\nthe defect is reasonably likely to have a significant adverse impact on the safety of occupants of part or all of the building if a fire or hazardous materials emergency happens.\na defect making a fire detection and alarm system inoperable\na defect in a pump making the fire hydrants for a building inoperable\na defect that makes inoperable only 1 of several standard fire extinguishers in a part of a building\n- (a) the defect is likely to render the installation inoperable; and\n- (b) the defect is reasonably likely to have a significant adverse impact on the safety of occupants of part or all of the building if a fire or hazardous materials emergency happens.\n- • a defect making a fire detection and alarm system inoperable\n- • a defect in a pump making the fire hydrants for a building inoperable","sortOrder":68},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Obligations of persons maintaining prescribed fire safety installations","content":"## Obligations of persons maintaining prescribed fire safety installations","sortOrder":69},{"sectionNumber":"sec.50","sectionType":"section","heading":"Maintenance of prescribed fire safety installations—QDC, part MP6.1","content":"### sec.50 Maintenance of prescribed fire safety installations—QDC, part MP6.1\n\nThis section applies to a person carrying out maintenance of a prescribed fire safety installation.\nThe person must carry out the maintenance of the installation in compliance with QDC, part MP6.1.\nMaximum penalty—30 penalty units.\ns 50 sub 2008 SL No. 413 s 4\n(sec.50-ssec.1) This section applies to a person carrying out maintenance of a prescribed fire safety installation.\n(sec.50-ssec.2) The person must carry out the maintenance of the installation in compliance with QDC, part MP6.1. Maximum penalty—30 penalty units.","sortOrder":70},{"sectionNumber":"sec.51","sectionType":"section","heading":null,"content":"### Section sec.51\n\ns 51 om 2008 SL No. 413 s 4","sortOrder":71},{"sectionNumber":"sec.52","sectionType":"section","heading":null,"content":"### Section sec.52\n\ns 52 om 2008 SL No. 413 s 4","sortOrder":72},{"sectionNumber":"sec.53","sectionType":"section","heading":"Notifying critical defects","content":"### sec.53 Notifying critical defects\n\nThis section applies if a person who is carrying out, or has carried out, maintenance of a prescribed fire safety installation for a building, becomes aware, or ought reasonably to be aware, of a critical defect in the installation.\nThe person must give the occupier of the building a notice about the defect in the approved form (a critical defect notice ) within 24 hours after the person carries out the maintenance of the installation.\nMaximum penalty—30 penalty units.\nUnder QDC, part MP6.1, the occupier of the building must attach to the relevant occupier statement any critical defect notice given under this section.\ns 53 amd 2008 SL No. 413 s 5\n(sec.53-ssec.1) This section applies if a person who is carrying out, or has carried out, maintenance of a prescribed fire safety installation for a building, becomes aware, or ought reasonably to be aware, of a critical defect in the installation.\n(sec.53-ssec.2) The person must give the occupier of the building a notice about the defect in the approved form (a critical defect notice ) within 24 hours after the person carries out the maintenance of the installation. Maximum penalty—30 penalty units. Under QDC, part MP6.1, the occupier of the building must attach to the relevant occupier statement any critical defect notice given under this section.","sortOrder":73},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Obligations of occupiers","content":"## Obligations of occupiers","sortOrder":74},{"sectionNumber":"sec.54","sectionType":"section","heading":"Maintenance of prescribed fire safety installations","content":"### sec.54 Maintenance of prescribed fire safety installations\n\nThe occupier of a building must ensure that maintenance of each prescribed fire safety installation for the building is carried out by an appropriately qualified person.\nMaximum penalty—30 penalty units.\nThe occupier of a building must ensure each prescribed fire safety installation for the building is inspected and tested at intervals in compliance with QDC, part MP6.1.\nMaximum penalty—30 penalty units.\nSubsection (4) applies if the record of maintenance for a prescribed fire safety installation for a building shows that repair or other corrective action is required for the installation.\nThe occupier of the building must ensure the repair is carried out or the corrective action is taken no later than 1 month after the maintenance of the installation was carried out, unless the occupier has a reasonable excuse.\nNo appropriately qualified person was available to attend the occupier’s premises to carry out the repair or take the corrective action because of the remoteness of the building’s location.\nThe repair or corrective action was not able to be finished because of the complexity of the work involved or delay in obtaining parts required for the repair or corrective action.\nMaximum penalty—30 penalty units.\ns 54 amd 2008 SL No. 413 s 6\n(sec.54-ssec.1) The occupier of a building must ensure that maintenance of each prescribed fire safety installation for the building is carried out by an appropriately qualified person. Maximum penalty—30 penalty units.\n(sec.54-ssec.2) The occupier of a building must ensure each prescribed fire safety installation for the building is inspected and tested at intervals in compliance with QDC, part MP6.1. Maximum penalty—30 penalty units.\n(sec.54-ssec.3) Subsection (4) applies if the record of maintenance for a prescribed fire safety installation for a building shows that repair or other corrective action is required for the installation.\n(sec.54-ssec.4) The occupier of the building must ensure the repair is carried out or the corrective action is taken no later than 1 month after the maintenance of the installation was carried out, unless the occupier has a reasonable excuse. No appropriately qualified person was available to attend the occupier’s premises to carry out the repair or take the corrective action because of the remoteness of the building’s location. The repair or corrective action was not able to be finished because of the complexity of the work involved or delay in obtaining parts required for the repair or corrective action. Maximum penalty—30 penalty units.\n- • No appropriately qualified person was available to attend the occupier’s premises to carry out the repair or take the corrective action because of the remoteness of the building’s location.\n- • The repair or corrective action was not able to be finished because of the complexity of the work involved or delay in obtaining parts required for the repair or corrective action.","sortOrder":75},{"sectionNumber":"sec.55","sectionType":"section","heading":"Keeping record of maintenance","content":"### sec.55 Keeping record of maintenance\n\nThe occupier of a building must keep a record of maintenance, in compliance with subsections (2) and (3) , for the maintenance of each prescribed fire safety installation for the building.\nMaximum penalty—20 penalty units.\nThe record of maintenance must state each of the following—\na description of the prescribed fire safety installation on which the maintenance was carried out;\nif the maintenance was carried out by an appropriately qualified person—the name and licence number of the person who carried out the maintenance;\nif the maintenance was not carried out personally by an appropriately qualified person—the name and licence number of the appropriately qualified person under whose personal supervision the maintenance was carried out;\nthe date the maintenance was carried out (the maintenance date );\na brief description of the maintenance carried out;\nthat the maintenance was carried out in compliance with QDC, part MP6.1;\nthe results of the maintenance of the installation, including—\nwhether or not the person carrying out the maintenance considered the installation was in proper working order; and\nthe details of any repair or other corrective action the person considered was required for the installation; and\nthe details, including the date, of any repairs made to the installation or any other corrective action taken.\nAlso, the record of maintenance must include—\na statement, signed by the person who carried out the maintenance, certifying that the matters stated in the record of maintenance under subsection (2) are correct; and\nif the occupier has been given a critical defect notice relating to a prescribed fire safety installation mentioned in the record of maintenance—the notice.\ns 55 amd 2008 SL No. 413 s 7\n(sec.55-ssec.1) The occupier of a building must keep a record of maintenance, in compliance with subsections (2) and (3) , for the maintenance of each prescribed fire safety installation for the building. Maximum penalty—20 penalty units.\n(sec.55-ssec.2) The record of maintenance must state each of the following— a description of the prescribed fire safety installation on which the maintenance was carried out; if the maintenance was carried out by an appropriately qualified person—the name and licence number of the person who carried out the maintenance; if the maintenance was not carried out personally by an appropriately qualified person—the name and licence number of the appropriately qualified person under whose personal supervision the maintenance was carried out; the date the maintenance was carried out (the maintenance date ); a brief description of the maintenance carried out; that the maintenance was carried out in compliance with QDC, part MP6.1; the results of the maintenance of the installation, including— whether or not the person carrying out the maintenance considered the installation was in proper working order; and the details of any repair or other corrective action the person considered was required for the installation; and the details, including the date, of any repairs made to the installation or any other corrective action taken.\n(sec.55-ssec.3) Also, the record of maintenance must include— a statement, signed by the person who carried out the maintenance, certifying that the matters stated in the record of maintenance under subsection (2) are correct; and if the occupier has been given a critical defect notice relating to a prescribed fire safety installation mentioned in the record of maintenance—the notice.\n- (a) a description of the prescribed fire safety installation on which the maintenance was carried out;\n- (b) if the maintenance was carried out by an appropriately qualified person—the name and licence number of the person who carried out the maintenance;\n- (c) if the maintenance was not carried out personally by an appropriately qualified person—the name and licence number of the appropriately qualified person under whose personal supervision the maintenance was carried out;\n- (d) the date the maintenance was carried out (the maintenance date );\n- (e) a brief description of the maintenance carried out;\n- (f) that the maintenance was carried out in compliance with QDC, part MP6.1;\n- (g) the results of the maintenance of the installation, including— (i) whether or not the person carrying out the maintenance considered the installation was in proper working order; and (ii) the details of any repair or other corrective action the person considered was required for the installation; and (iii) the details, including the date, of any repairs made to the installation or any other corrective action taken.\n- (i) whether or not the person carrying out the maintenance considered the installation was in proper working order; and\n- (ii) the details of any repair or other corrective action the person considered was required for the installation; and\n- (iii) the details, including the date, of any repairs made to the installation or any other corrective action taken.\n- (i) whether or not the person carrying out the maintenance considered the installation was in proper working order; and\n- (ii) the details of any repair or other corrective action the person considered was required for the installation; and\n- (iii) the details, including the date, of any repairs made to the installation or any other corrective action taken.\n- (a) a statement, signed by the person who carried out the maintenance, certifying that the matters stated in the record of maintenance under subsection (2) are correct; and\n- (b) if the occupier has been given a critical defect notice relating to a prescribed fire safety installation mentioned in the record of maintenance—the notice.","sortOrder":76},{"sectionNumber":"sec.55A","sectionType":"section","heading":"Occupier statements","content":"### sec.55A Occupier statements\n\nThe occupier of a building must, at intervals in compliance with QDC, part MP6.1, prepare a statement (an occupier statement ) that complies with the part about the maintenance of each prescribed fire safety installation for the building.\nMaximum penalty—20 penalty units.\nThe occupier must keep a copy of each occupier statement with the record of maintenance for 2 years after the statement is prepared.\nMaximum penalty—20 penalty units.\nThe occupier must, within 10 business days after the occupier is required to prepare an occupier statement, give the commissioner a copy of the statement.\nMaximum penalty—20 penalty units.\ns 55A ins 2008 SL No. 413 s 8\n(sec.55A-ssec.1) The occupier of a building must, at intervals in compliance with QDC, part MP6.1, prepare a statement (an occupier statement ) that complies with the part about the maintenance of each prescribed fire safety installation for the building. Maximum penalty—20 penalty units.\n(sec.55A-ssec.2) The occupier must keep a copy of each occupier statement with the record of maintenance for 2 years after the statement is prepared. Maximum penalty—20 penalty units.\n(sec.55A-ssec.3) The occupier must, within 10 business days after the occupier is required to prepare an occupier statement, give the commissioner a copy of the statement. Maximum penalty—20 penalty units.","sortOrder":77},{"sectionNumber":"sec.55B","sectionType":"section","heading":"Record-keeping requirements for occupiers of particular buildings","content":"### sec.55B Record-keeping requirements for occupiers of particular buildings\n\nThis section applies to the following—\nthe occupier of a budget accommodation building for which a fire safety management plan is required under the Building Act , section 27 , or the Fire Services Act 1990 , section 146Q ;\nthe occupier of a building used for conducting a residential service for which a fire safety management plan is required under the Residential Services (Accreditation) Act 2002 , section 75 .\nThe occupier must keep with the fire safety management plan for the building—\nthe record of maintenance for the building; and\nthe occupier statements prepared under section 55A for the building.\nMaximum penalty—20 penalty units.\ns 55B ins 2008 SL No. 413 s 8\namd 2024 Act No. 22 s 92 sch 1\n(sec.55B-ssec.1) This section applies to the following— the occupier of a budget accommodation building for which a fire safety management plan is required under the Building Act , section 27 , or the Fire Services Act 1990 , section 146Q ; the occupier of a building used for conducting a residential service for which a fire safety management plan is required under the Residential Services (Accreditation) Act 2002 , section 75 .\n(sec.55B-ssec.2) The occupier must keep with the fire safety management plan for the building— the record of maintenance for the building; and the occupier statements prepared under section 55A for the building. Maximum penalty—20 penalty units.\n- (a) the occupier of a budget accommodation building for which a fire safety management plan is required under the Building Act , section 27 , or the Fire Services Act 1990 , section 146Q ;\n- (b) the occupier of a building used for conducting a residential service for which a fire safety management plan is required under the Residential Services (Accreditation) Act 2002 , section 75 .\n- (a) the record of maintenance for the building; and\n- (b) the occupier statements prepared under section 55A for the building.","sortOrder":78},{"sectionNumber":"pt.5A","sectionType":"part","heading":"Smoke alarms for domestic dwellings","content":"# Smoke alarms for domestic dwellings","sortOrder":79},{"sectionNumber":"sec.55C","sectionType":"section","heading":"Required places for installation of smoke alarms— Act , s 147Z","content":"### sec.55C Required places for installation of smoke alarms— Act , s 147Z\n\nA place in each location in a domestic dwelling mentioned in subsection (2) , that also complies with subsection (3) , is required for section 147Z (4) of the Act .\nThe locations in a domestic dwelling are—\neach bedroom; and\nfor each storey of the dwelling with 1 or more bedrooms—\nif 1 or more bedrooms are connected by a door to a hallway—the hallway; and\nif a bedroom is not connected by a door to a hallway—a part of the storey that is between the bedroom and the rest of the dwelling; and\nfor each storey of the dwelling with no bedrooms—on the most likely path of travel from any place in the storey to an exit to outside the dwelling.\nA place where a smoke alarm is installed—\nmust be on—\nif it is practicable to mount a smoke alarm on a ceiling—the ceiling; or\nif subparagraph (i) does not apply and an exposed joist or beam has a depth of no more than 300mm when measured from the ceiling—the underside of the exposed joist or beam; or\notherwise—a wall in an area that is between 100mm and 300mm from the ceiling and more than 300mm from the corner of 2 walls; and\nif the smoke alarm is installed on a ceiling that slopes—must be in an area of the ceiling that is between 500mm and 1,500mm from the apex of the ceiling; and\nmust not be—\nwithin 300mm of a light fitting; and\nif the smoke alarm is installed on a ceiling—within 300mm of a corner of the ceiling and a wall; and\nif the smoke alarm is installed in a stairwell—where smoke rising in the stairwell will not reach the smoke alarm because of an obstruction; and\nwithin 400mm of an opening from which air is supplied from an air conditioner or forced air ventilation; and\nwithin 400mm of the blades of a ceiling fan.\ns 55C ins 2016 SL No. 221 s 4\namd 2025 SL No. 53 s 6\n(sec.55C-ssec.1) A place in each location in a domestic dwelling mentioned in subsection (2) , that also complies with subsection (3) , is required for section 147Z (4) of the Act .\n(sec.55C-ssec.2) The locations in a domestic dwelling are— each bedroom; and for each storey of the dwelling with 1 or more bedrooms— if 1 or more bedrooms are connected by a door to a hallway—the hallway; and if a bedroom is not connected by a door to a hallway—a part of the storey that is between the bedroom and the rest of the dwelling; and for each storey of the dwelling with no bedrooms—on the most likely path of travel from any place in the storey to an exit to outside the dwelling.\n(sec.55C-ssec.3) A place where a smoke alarm is installed— must be on— if it is practicable to mount a smoke alarm on a ceiling—the ceiling; or if subparagraph (i) does not apply and an exposed joist or beam has a depth of no more than 300mm when measured from the ceiling—the underside of the exposed joist or beam; or otherwise—a wall in an area that is between 100mm and 300mm from the ceiling and more than 300mm from the corner of 2 walls; and if the smoke alarm is installed on a ceiling that slopes—must be in an area of the ceiling that is between 500mm and 1,500mm from the apex of the ceiling; and must not be— within 300mm of a light fitting; and if the smoke alarm is installed on a ceiling—within 300mm of a corner of the ceiling and a wall; and if the smoke alarm is installed in a stairwell—where smoke rising in the stairwell will not reach the smoke alarm because of an obstruction; and within 400mm of an opening from which air is supplied from an air conditioner or forced air ventilation; and within 400mm of the blades of a ceiling fan.\n- (a) each bedroom; and\n- (b) for each storey of the dwelling with 1 or more bedrooms— (i) if 1 or more bedrooms are connected by a door to a hallway—the hallway; and (ii) if a bedroom is not connected by a door to a hallway—a part of the storey that is between the bedroom and the rest of the dwelling; and\n- (i) if 1 or more bedrooms are connected by a door to a hallway—the hallway; and\n- (ii) if a bedroom is not connected by a door to a hallway—a part of the storey that is between the bedroom and the rest of the dwelling; and\n- (c) for each storey of the dwelling with no bedrooms—on the most likely path of travel from any place in the storey to an exit to outside the dwelling.\n- (i) if 1 or more bedrooms are connected by a door to a hallway—the hallway; and\n- (ii) if a bedroom is not connected by a door to a hallway—a part of the storey that is between the bedroom and the rest of the dwelling; and\n- (a) must be on— (i) if it is practicable to mount a smoke alarm on a ceiling—the ceiling; or (ii) if subparagraph (i) does not apply and an exposed joist or beam has a depth of no more than 300mm when measured from the ceiling—the underside of the exposed joist or beam; or (iii) otherwise—a wall in an area that is between 100mm and 300mm from the ceiling and more than 300mm from the corner of 2 walls; and\n- (i) if it is practicable to mount a smoke alarm on a ceiling—the ceiling; or\n- (ii) if subparagraph (i) does not apply and an exposed joist or beam has a depth of no more than 300mm when measured from the ceiling—the underside of the exposed joist or beam; or\n- (iii) otherwise—a wall in an area that is between 100mm and 300mm from the ceiling and more than 300mm from the corner of 2 walls; and\n- (b) if the smoke alarm is installed on a ceiling that slopes—must be in an area of the ceiling that is between 500mm and 1,500mm from the apex of the ceiling; and\n- (c) must not be— (i) within 300mm of a light fitting; and (ii) if the smoke alarm is installed on a ceiling—within 300mm of a corner of the ceiling and a wall; and (iii) if the smoke alarm is installed in a stairwell—where smoke rising in the stairwell will not reach the smoke alarm because of an obstruction; and (iv) within 400mm of an opening from which air is supplied from an air conditioner or forced air ventilation; and (v) within 400mm of the blades of a ceiling fan.\n- (i) within 300mm of a light fitting; and\n- (ii) if the smoke alarm is installed on a ceiling—within 300mm of a corner of the ceiling and a wall; and\n- (iii) if the smoke alarm is installed in a stairwell—where smoke rising in the stairwell will not reach the smoke alarm because of an obstruction; and\n- (iv) within 400mm of an opening from which air is supplied from an air conditioner or forced air ventilation; and\n- (v) within 400mm of the blades of a ceiling fan.\n- (i) if it is practicable to mount a smoke alarm on a ceiling—the ceiling; or\n- (ii) if subparagraph (i) does not apply and an exposed joist or beam has a depth of no more than 300mm when measured from the ceiling—the underside of the exposed joist or beam; or\n- (iii) otherwise—a wall in an area that is between 100mm and 300mm from the ceiling and more than 300mm from the corner of 2 walls; and\n- (i) within 300mm of a light fitting; and\n- (ii) if the smoke alarm is installed on a ceiling—within 300mm of a corner of the ceiling and a wall; and\n- (iii) if the smoke alarm is installed in a stairwell—where smoke rising in the stairwell will not reach the smoke alarm because of an obstruction; and\n- (iv) within 400mm of an opening from which air is supplied from an air conditioner or forced air ventilation; and\n- (v) within 400mm of the blades of a ceiling fan.","sortOrder":80},{"sectionNumber":"sec.55D","sectionType":"section","heading":"Ways of powering smoke alarms— Act , s 147Z","content":"### sec.55D Ways of powering smoke alarms— Act , s 147Z\n\nFor section 147Z (5) (a) of the Act , the ways prescribed for powering a smoke alarm are—\nhardwiring the smoke alarm to the domestic dwelling’s electricity supply; or\na battery that is—\nbuilt into the smoke alarm in a way that prevents the battery being removed; and\nmanufactured to power the smoke alarm for at least 10 years without being recharged.\ns 55D ins 2016 SL No. 221 s 4\namd 2025 SL No. 53 s 7\n- (a) hardwiring the smoke alarm to the domestic dwelling’s electricity supply; or\n- (b) a battery that is— (i) built into the smoke alarm in a way that prevents the battery being removed; and (ii) manufactured to power the smoke alarm for at least 10 years without being recharged.\n- (i) built into the smoke alarm in a way that prevents the battery being removed; and\n- (ii) manufactured to power the smoke alarm for at least 10 years without being recharged.\n- (i) built into the smoke alarm in a way that prevents the battery being removed; and\n- (ii) manufactured to power the smoke alarm for at least 10 years without being recharged.","sortOrder":81},{"sectionNumber":"sec.55E","sectionType":"section","heading":"Other requirements for smoke alarms— Act , s 147Z","content":"### sec.55E Other requirements for smoke alarms— Act , s 147Z\n\nFor section 147Z (5) (b) of the Act , the other requirements prescribed are that a smoke alarm must—\ncomply with AS 3786–2014; and\ncontain a photoelectric sensor; and\nnot also contain an ionisation sensor.\nIn this section—\nAS 3786–2014 means AS 3786–2014 (Australian standard for smoke alarms using scattered light, transmitted light or ionization).\ns 55E ins 2016 SL No. 221 s 4\namd 2025 SL No. 53 s 8\n(sec.55E-ssec.1) For section 147Z (5) (b) of the Act , the other requirements prescribed are that a smoke alarm must— comply with AS 3786–2014; and contain a photoelectric sensor; and not also contain an ionisation sensor.\n(sec.55E-ssec.2) In this section— AS 3786–2014 means AS 3786–2014 (Australian standard for smoke alarms using scattered light, transmitted light or ionization).\n- (a) comply with AS 3786–2014; and\n- (b) contain a photoelectric sensor; and\n- (c) not also contain an ionisation sensor.","sortOrder":82},{"sectionNumber":"pt.6","sectionType":"part","heading":"Fees for assessment and inspection of required special fire services","content":"# Fees for assessment and inspection of required special fire services","sortOrder":83},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":84},{"sectionNumber":"sec.56","sectionType":"section","heading":"Meaning of special fire service fee","content":"### sec.56 Meaning of special fire service fee\n\nThe special fire service fee for a required special fire service stated in schedule 2 , part 2 , column 1, for stated building work, means the fee worked out using the formula—\nSFSF = BF x SFS%\nwhere—\nSFSF means the special fire service fee for the required special fire service.\nBF means the base fee for the stated building work.\nSFS% means the percentage for the required special fire service stated in schedule 2 , part 2 , column 2, opposite the required special fire service.","sortOrder":85},{"sectionNumber":"sec.57","sectionType":"section","heading":"Payment of fees and costs for assessment services","content":"### sec.57 Payment of fees and costs for assessment services\n\nThe service may require an applicant for stated building work to pay a deposit on account of—\na fee for a service (an assessment service ) to be provided under this part; or\ncosts relating to an assessment service to be incurred under this part.\nA deposit under subsection (1) must be no more than 50% of the fee or costs estimated by the service.\nSubsection (4) applies if a fee for, or costs relating to, an assessment service are not paid, or are not paid in full, before the assessment service is provided.\nThe applicant for whom the assessment service has been provided must pay the amount, or the balance, of the fee or costs within 14 days after the service gives the person a notice stating the amount payable.\nIf the applicant does not pay the amount stated in a notice under subsection (4) within the 14-day period, the service may recover the amount from the applicant as a debt.\nThis section does not apply to an applicant for stated building work to whom division 3A applies.\ns 57 amd 2019 SL No. 211 s 3\n(sec.57-ssec.1) The service may require an applicant for stated building work to pay a deposit on account of— a fee for a service (an assessment service ) to be provided under this part; or costs relating to an assessment service to be incurred under this part.\n(sec.57-ssec.2) A deposit under subsection (1) must be no more than 50% of the fee or costs estimated by the service.\n(sec.57-ssec.3) Subsection (4) applies if a fee for, or costs relating to, an assessment service are not paid, or are not paid in full, before the assessment service is provided.\n(sec.57-ssec.4) The applicant for whom the assessment service has been provided must pay the amount, or the balance, of the fee or costs within 14 days after the service gives the person a notice stating the amount payable.\n(sec.57-ssec.5) If the applicant does not pay the amount stated in a notice under subsection (4) within the 14-day period, the service may recover the amount from the applicant as a debt.\n(sec.57-ssec.6) This section does not apply to an applicant for stated building work to whom division 3A applies.\n- (a) a fee for a service (an assessment service ) to be provided under this part; or\n- (b) costs relating to an assessment service to be incurred under this part.","sortOrder":86},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Assessment and inspection of required special fire services—no fire engineering brief","content":"## Assessment and inspection of required special fire services—no fire engineering brief","sortOrder":87},{"sectionNumber":"sec.58","sectionType":"section","heading":"Application of division","content":"### sec.58 Application of division\n\nThis division applies to an applicant for stated building work other than an applicant to whom division 3 or 3A applies.\ns 58 amd 2019 SL No. 211 s 4","sortOrder":88},{"sectionNumber":"sec.59","sectionType":"section","heading":"Base fee for stated building work involving fitting out","content":"### sec.59 Base fee for stated building work involving fitting out\n\nThis section applies if—\nstated building work involves the fitting out of a building that has a special fire service installed; and\nthe fitting out does not require the replacement or alteration of a special fire service; and\nthe building does not require a BCA classification change.\nAn applicant for the stated building work must pay the service the base fee for the stated building work.\n(sec.59-ssec.1) This section applies if— stated building work involves the fitting out of a building that has a special fire service installed; and the fitting out does not require the replacement or alteration of a special fire service; and the building does not require a BCA classification change.\n(sec.59-ssec.2) An applicant for the stated building work must pay the service the base fee for the stated building work.\n- (a) stated building work involves the fitting out of a building that has a special fire service installed; and\n- (b) the fitting out does not require the replacement or alteration of a special fire service; and\n- (c) the building does not require a BCA classification change.","sortOrder":89},{"sectionNumber":"sec.60","sectionType":"section","heading":"Fees for assessing and inspecting required special fire services for other stated building work","content":"### sec.60 Fees for assessing and inspecting required special fire services for other stated building work\n\nThis section applies to an applicant for stated building work other than stated building work mentioned in section 59 .\nThe applicant must pay the service the following fees for assessment and inspection of the required special fire services for the stated building work—\nthe base fee for the stated building work;\nthe special fire service fee for each required special fire service for the stated building work.\n(sec.60-ssec.1) This section applies to an applicant for stated building work other than stated building work mentioned in section 59 .\n(sec.60-ssec.2) The applicant must pay the service the following fees for assessment and inspection of the required special fire services for the stated building work— the base fee for the stated building work; the special fire service fee for each required special fire service for the stated building work.\n- (a) the base fee for the stated building work;\n- (b) the special fire service fee for each required special fire service for the stated building work.","sortOrder":90},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Assessment and inspection of required special fire services—fire engineering brief","content":"## Assessment and inspection of required special fire services—fire engineering brief","sortOrder":91},{"sectionNumber":"sec.61","sectionType":"section","heading":"Application of division","content":"### sec.61 Application of division\n\nThis division applies to an applicant for stated building work if—\nthe applicant asks the service to assess a fire engineering brief for the stated building work; and\ndivision 3A does not apply to the applicant.\ns 61 sub 2019 SL No. 211 s 5\n- (a) the applicant asks the service to assess a fire engineering brief for the stated building work; and\n- (b) division 3A does not apply to the applicant.","sortOrder":92},{"sectionNumber":"sec.62","sectionType":"section","heading":"Fees for assessing and inspecting required special fire services","content":"### sec.62 Fees for assessing and inspecting required special fire services\n\nAn applicant for stated building work must pay the service the following fees—\nthe assessment and inspection fee for the stated building work under subsection (2) ;\nthe research fee stated in schedule 2 , part 3 , for evaluation of the number of subsystems relevant to the stated building work;\nthe fire engineering brief consultation fee stated in schedule 2 , part 3 ;\nthe fire engineering brief meeting fee stated in schedule 2 , part 3 , for each fire engineering brief meeting attended by a representative of the service.\nThe assessment and inspection fee for stated building work must be worked out using the formula—\nAIF = (BF + TSFSF) x 2\nwhere—\nAIF means the assessment and inspection fee for the stated building work.\nBF means the base fee for the stated building work.\nTSFSF means the total of the special fire service fees for the required special fire services for the stated building work.\n(sec.62-ssec.1) An applicant for stated building work must pay the service the following fees— the assessment and inspection fee for the stated building work under subsection (2) ; the research fee stated in schedule 2 , part 3 , for evaluation of the number of subsystems relevant to the stated building work; the fire engineering brief consultation fee stated in schedule 2 , part 3 ; the fire engineering brief meeting fee stated in schedule 2 , part 3 , for each fire engineering brief meeting attended by a representative of the service.\n(sec.62-ssec.2) The assessment and inspection fee for stated building work must be worked out using the formula— AIF = (BF + TSFSF) x 2 where— AIF means the assessment and inspection fee for the stated building work. BF means the base fee for the stated building work. TSFSF means the total of the special fire service fees for the required special fire services for the stated building work.\n- (a) the assessment and inspection fee for the stated building work under subsection (2) ;\n- (b) the research fee stated in schedule 2 , part 3 , for evaluation of the number of subsystems relevant to the stated building work;\n- (c) the fire engineering brief consultation fee stated in schedule 2 , part 3 ;\n- (d) the fire engineering brief meeting fee stated in schedule 2 , part 3 , for each fire engineering brief meeting attended by a representative of the service.","sortOrder":93},{"sectionNumber":"sec.63","sectionType":"section","heading":"Minor performance meeting fee","content":"### sec.63 Minor performance meeting fee\n\nThis section applies if—\nstated building work is under construction; and\nthe applicant for the stated building work asks a representative of the service to attend a minor performance meeting in relation to the stated building work.\nThe applicant must pay the service—\nthe research fee for evaluation of 1 subsystem stated in schedule 2 , part 3 ; and\nthe minor performance meeting fee stated in schedule 2 , part 3 .\nIn this section—\nminor performance meeting , in relation to stated building work, means a meeting with the building certifier for the stated building work to consider and decide on a proposed alternative solution for the stated building work.\n(sec.63-ssec.1) This section applies if— stated building work is under construction; and the applicant for the stated building work asks a representative of the service to attend a minor performance meeting in relation to the stated building work.\n(sec.63-ssec.2) The applicant must pay the service— the research fee for evaluation of 1 subsystem stated in schedule 2 , part 3 ; and the minor performance meeting fee stated in schedule 2 , part 3 .\n(sec.63-ssec.3) In this section— minor performance meeting , in relation to stated building work, means a meeting with the building certifier for the stated building work to consider and decide on a proposed alternative solution for the stated building work.\n- (a) stated building work is under construction; and\n- (b) the applicant for the stated building work asks a representative of the service to attend a minor performance meeting in relation to the stated building work.\n- (a) the research fee for evaluation of 1 subsystem stated in schedule 2 , part 3 ; and\n- (b) the minor performance meeting fee stated in schedule 2 , part 3 .","sortOrder":94},{"sectionNumber":"sec.64","sectionType":"section","heading":"Costs for attending fire engineering brief meetings—travel and accommodation","content":"### sec.64 Costs for attending fire engineering brief meetings—travel and accommodation\n\nThis section applies if—\nan applicant for stated building work asks a representative of the service to attend a fire engineering brief meeting about the stated building work; and\nthe representative is required to travel more than 200km to attend the fire engineering brief meeting.\nThe applicant must pay the service the reasonable travelling and accommodation costs of the representative attending the meeting.\n(sec.64-ssec.1) This section applies if— an applicant for stated building work asks a representative of the service to attend a fire engineering brief meeting about the stated building work; and the representative is required to travel more than 200km to attend the fire engineering brief meeting.\n(sec.64-ssec.2) The applicant must pay the service the reasonable travelling and accommodation costs of the representative attending the meeting.\n- (a) an applicant for stated building work asks a representative of the service to attend a fire engineering brief meeting about the stated building work; and\n- (b) the representative is required to travel more than 200km to attend the fire engineering brief meeting.","sortOrder":95},{"sectionNumber":"pt.6-div.3A","sectionType":"division","heading":"Assessment and inspection of required special fire services—combustible cladding rectification work","content":"## Assessment and inspection of required special fire services—combustible cladding rectification work","sortOrder":96},{"sectionNumber":"sec.64A","sectionType":"section","heading":"Fee for assessing or inspecting required special fire services","content":"### sec.64A Fee for assessing or inspecting required special fire services\n\nThis section applies to an applicant for stated building work that is combustible cladding rectification work only.\nThe applicant for the stated building work must pay the service a fee for assessing or inspecting a required special fire service for the stated building work.\nThe amount of the fee is—\nfor each full hour the service spends assessing or inspecting the required special fire service—250.50 fee units; and\nfor each additional 15-minute period, or part of a 15-minute period, the service spends assessing or inspecting the required special fire service—62.05 fee units.\nThe applicant must pay the fee within 14 days after the service gives the applicant a notice stating the amount payable.\nIf the applicant does not pay the fee within the 14-day period, the service may recover the amount of the fee from the applicant as a debt.\nIn this section—\nassessing , a required special fire service for stated building work, includes—\nresearching the required special fire service to evaluate the service; and\nconsulting with the applicant for the stated building work, the building certifier for the stated building work or a fire engineer about a fire engineering brief relating to the required special fire service; and\nattending a fire engineering brief meeting in relation to the required special fire service; and\nassessing plans for the required special fire service.\nfire engineer see the Building Regulation 2006 , section 16O .\nSee the Building Regulation 2021 , part 11 , division 2 .\ns 64A ins 2019 SL No. 211 s 6\namd 2020 SL No. 124 s 4 ; 2021 SL No. 80 s 4 ; 2021 SL No. 126 s 105 ; 2022 SL No. 81 s 4\n(sec.64A-ssec.1) This section applies to an applicant for stated building work that is combustible cladding rectification work only.\n(sec.64A-ssec.2) The applicant for the stated building work must pay the service a fee for assessing or inspecting a required special fire service for the stated building work.\n(sec.64A-ssec.3) The amount of the fee is— for each full hour the service spends assessing or inspecting the required special fire service—250.50 fee units; and for each additional 15-minute period, or part of a 15-minute period, the service spends assessing or inspecting the required special fire service—62.05 fee units.\n(sec.64A-ssec.4) The applicant must pay the fee within 14 days after the service gives the applicant a notice stating the amount payable.\n(sec.64A-ssec.5) If the applicant does not pay the fee within the 14-day period, the service may recover the amount of the fee from the applicant as a debt.\n(sec.64A-ssec.6) In this section— assessing , a required special fire service for stated building work, includes— researching the required special fire service to evaluate the service; and consulting with the applicant for the stated building work, the building certifier for the stated building work or a fire engineer about a fire engineering brief relating to the required special fire service; and attending a fire engineering brief meeting in relation to the required special fire service; and assessing plans for the required special fire service. fire engineer see the Building Regulation 2006 , section 16O . See the Building Regulation 2021 , part 11 , division 2 .\n- (a) for each full hour the service spends assessing or inspecting the required special fire service—250.50 fee units; and\n- (b) for each additional 15-minute period, or part of a 15-minute period, the service spends assessing or inspecting the required special fire service—62.05 fee units.\n- (a) researching the required special fire service to evaluate the service; and\n- (b) consulting with the applicant for the stated building work, the building certifier for the stated building work or a fire engineer about a fire engineering brief relating to the required special fire service; and\n- (c) attending a fire engineering brief meeting in relation to the required special fire service; and\n- (d) assessing plans for the required special fire service.","sortOrder":97},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Other fees for assessment and inspection of required special fire services","content":"## Other fees for assessment and inspection of required special fire services","sortOrder":98},{"sectionNumber":"sec.65","sectionType":"section","heading":"Reassessment fee for amended plans","content":"### sec.65 Reassessment fee for amended plans\n\nThis section applies if an applicant for stated building work asks the service to assess amended plans for the stated building work.\nThe applicant must pay the service the reassessment fee stated in schedule 2 , part 4 , for assessing the amended plans.\n(sec.65-ssec.1) This section applies if an applicant for stated building work asks the service to assess amended plans for the stated building work.\n(sec.65-ssec.2) The applicant must pay the service the reassessment fee stated in schedule 2 , part 4 , for assessing the amended plans.","sortOrder":99},{"sectionNumber":"sec.66","sectionType":"section","heading":"Fee for interim inspection of required special fire service","content":"### sec.66 Fee for interim inspection of required special fire service\n\nThis section applies if an applicant for stated building work asks the service to carry out an interim inspection of a required special fire service for the stated building work.\nThe applicant must pay the service the general inspection fee stated in schedule 2 , part 4 , for carrying out the interim inspection.\n(sec.66-ssec.1) This section applies if an applicant for stated building work asks the service to carry out an interim inspection of a required special fire service for the stated building work.\n(sec.66-ssec.2) The applicant must pay the service the general inspection fee stated in schedule 2 , part 4 , for carrying out the interim inspection.","sortOrder":100},{"sectionNumber":"sec.67","sectionType":"section","heading":"Fee for inspection of required special fire service for temporary building","content":"### sec.67 Fee for inspection of required special fire service for temporary building\n\nThis section applies if the service carries out an inspection of a required special fire service for stated building work for giving a report under section 64 (2) of the Building Act .\nThe applicant for the stated building work must pay the service the general inspection fee stated in schedule 2 , part 4 , for carrying out the inspection.\n(sec.67-ssec.1) This section applies if the service carries out an inspection of a required special fire service for stated building work for giving a report under section 64 (2) of the Building Act .\n(sec.67-ssec.2) The applicant for the stated building work must pay the service the general inspection fee stated in schedule 2 , part 4 , for carrying out the inspection.","sortOrder":101},{"sectionNumber":"sec.68","sectionType":"section","heading":"Fee for additional inspection of required special fire service","content":"### sec.68 Fee for additional inspection of required special fire service\n\nThis section applies if—\nthe service has carried out an inspection, other than an interim inspection, of a required special fire service for stated building work; and\nthe applicant for the stated building work asks the service to carry out another inspection (an additional inspection ) of the required special fire service for the stated building work.\nThe applicant must pay the service the reinspection fee stated in schedule 2 , part 4 , for carrying out the additional inspection.\n(sec.68-ssec.1) This section applies if— the service has carried out an inspection, other than an interim inspection, of a required special fire service for stated building work; and the applicant for the stated building work asks the service to carry out another inspection (an additional inspection ) of the required special fire service for the stated building work.\n(sec.68-ssec.2) The applicant must pay the service the reinspection fee stated in schedule 2 , part 4 , for carrying out the additional inspection.\n- (a) the service has carried out an inspection, other than an interim inspection, of a required special fire service for stated building work; and\n- (b) the applicant for the stated building work asks the service to carry out another inspection (an additional inspection ) of the required special fire service for the stated building work.","sortOrder":102},{"sectionNumber":"sec.69","sectionType":"section","heading":"Fee for inspection of special fire service for approving BCA classification change","content":"### sec.69 Fee for inspection of special fire service for approving BCA classification change\n\nThis section applies if the service carries out an inspection of a special fire service in a building for giving a report under section 112 (4) of the Building Act .\nThe owner of the building must pay the service the general inspection fee stated in schedule 2 , part 4 , for carrying out the inspection.\n(sec.69-ssec.1) This section applies if the service carries out an inspection of a special fire service in a building for giving a report under section 112 (4) of the Building Act .\n(sec.69-ssec.2) The owner of the building must pay the service the general inspection fee stated in schedule 2 , part 4 , for carrying out the inspection.","sortOrder":103},{"sectionNumber":"pt.7","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":104},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Documents","content":"## Documents","sortOrder":105},{"sectionNumber":"sec.70","sectionType":"section","heading":"False or misleading documents","content":"### sec.70 False or misleading documents\n\nA person must not give an authorised fire officer a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—30 penalty units.\nSubsection (1) does not apply to a person, if the person, when giving the document—\ntells the authorised fire officer, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information, gives the correct information.\nIn this section—\ndocument means—\na prescribed document for a building; or\na document about the maintenance of prescribed fire safety installations for a building, including, for example, a record required under an Australian Standard mentioned in QDC, part MP6.1.\ns 70 amd 2008 SL No. 413 s 9\n(sec.70-ssec.1) A person must not give an authorised fire officer a document containing information the person knows is false or misleading in a material particular. Maximum penalty—30 penalty units.\n(sec.70-ssec.2) Subsection (1) does not apply to a person, if the person, when giving the document— tells the authorised fire officer, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information, gives the correct information.\n(sec.70-ssec.3) In this section— document means— a prescribed document for a building; or a document about the maintenance of prescribed fire safety installations for a building, including, for example, a record required under an Australian Standard mentioned in QDC, part MP6.1.\n- (a) tells the authorised fire officer, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information, gives the correct information.\n- (a) a prescribed document for a building; or\n- (b) a document about the maintenance of prescribed fire safety installations for a building, including, for example, a record required under an Australian Standard mentioned in QDC, part MP6.1.","sortOrder":106},{"sectionNumber":"sec.71","sectionType":"section","heading":"Keeping plans and other particular documents","content":"### sec.71 Keeping plans and other particular documents\n\nThis section applies to—\nthe owner of a budget accommodation building for which a fire safety management plan is required under section 27 of the Building Act or the Fire Services Act 1990 , section 146Q ; or\nthe occupier of a building used for conducting a residential service for which a fire safety management plan is required under the Residential Services (Accreditation) Act 2002 , section 75 ; or\nthe occupier of a building who is required to keep—\na fire and evacuation plan for the building under the Fire Services Act 1990 , section 146O (1) (a) ; or\na prescribed document for the building under this regulation.\nThe owner or occupier must keep a copy of the plan or document—\nin the building; and\nin a secure place in other premises.\nMaximum penalty—20 penalty units.\nFor subsection (2) , if a copy of a plan or document is kept in electronic form at a place, the information contained in the electronic form of the plan or document must be readily accessible at the place so as to be usable for subsequent reference.\ns 71 amd 2014 SL No. 296 s 17 ; 2024 Act No. 22 s 92 sch 1 ; 2025 SL No. 53 s 9\n(sec.71-ssec.1) This section applies to— the owner of a budget accommodation building for which a fire safety management plan is required under section 27 of the Building Act or the Fire Services Act 1990 , section 146Q ; or the occupier of a building used for conducting a residential service for which a fire safety management plan is required under the Residential Services (Accreditation) Act 2002 , section 75 ; or the occupier of a building who is required to keep— a fire and evacuation plan for the building under the Fire Services Act 1990 , section 146O (1) (a) ; or a prescribed document for the building under this regulation.\n(sec.71-ssec.2) The owner or occupier must keep a copy of the plan or document— in the building; and in a secure place in other premises. Maximum penalty—20 penalty units.\n(sec.71-ssec.3) For subsection (2) , if a copy of a plan or document is kept in electronic form at a place, the information contained in the electronic form of the plan or document must be readily accessible at the place so as to be usable for subsequent reference.\n- (a) the owner of a budget accommodation building for which a fire safety management plan is required under section 27 of the Building Act or the Fire Services Act 1990 , section 146Q ; or\n- (b) the occupier of a building used for conducting a residential service for which a fire safety management plan is required under the Residential Services (Accreditation) Act 2002 , section 75 ; or\n- (c) the occupier of a building who is required to keep— (i) a fire and evacuation plan for the building under the Fire Services Act 1990 , section 146O (1) (a) ; or (ii) a prescribed document for the building under this regulation.\n- (i) a fire and evacuation plan for the building under the Fire Services Act 1990 , section 146O (1) (a) ; or\n- (ii) a prescribed document for the building under this regulation.\n- (i) a fire and evacuation plan for the building under the Fire Services Act 1990 , section 146O (1) (a) ; or\n- (ii) a prescribed document for the building under this regulation.\n- (a) in the building; and\n- (b) in a secure place in other premises.","sortOrder":107},{"sectionNumber":"sec.72","sectionType":"section","heading":"Retention and transfer of prescribed documents","content":"### sec.72 Retention and transfer of prescribed documents\n\nThis section applies to a person, other than a public authority, who is the occupier of a building.\nSubject to subsections (4) and (5) , the occupier of a building must keep a prescribed document for the building—\nfor at least 2 years after the document was made (the retention period ); or\nif the document includes entries for more than 1 day—for at least 2 years after the last day for which an entry was made in the document (also the retention period ).\nMaximum penalty—20 penalty units.\nSubsection (2) applies whether the prescribed document or an entry in the document—\nwas made before the person became the occupier of the building; or\nis made while the person is the occupier of the building.\nSubsection (5) applies if, during the retention period for a prescribed document for a building—\nthe person who is the occupier of the building (the former occupier ) stops being the occupier of the building; and\nanother person (the current occupier ) becomes the occupier of the building.\nThe former occupier must give the prescribed document to the current occupier no later than 1 month after the former occupier stops being the occupier of the building.\nMaximum penalty—20 penalty units.\nIn this section—\npublic authority see the Public Records Act 2002 , schedule 2 .\ns 72 amd 2014 SL No. 296 s 18\n(sec.72-ssec.1) This section applies to a person, other than a public authority, who is the occupier of a building.\n(sec.72-ssec.2) Subject to subsections (4) and (5) , the occupier of a building must keep a prescribed document for the building— for at least 2 years after the document was made (the retention period ); or if the document includes entries for more than 1 day—for at least 2 years after the last day for which an entry was made in the document (also the retention period ). Maximum penalty—20 penalty units.\n(sec.72-ssec.3) Subsection (2) applies whether the prescribed document or an entry in the document— was made before the person became the occupier of the building; or is made while the person is the occupier of the building.\n(sec.72-ssec.4) Subsection (5) applies if, during the retention period for a prescribed document for a building— the person who is the occupier of the building (the former occupier ) stops being the occupier of the building; and another person (the current occupier ) becomes the occupier of the building.\n(sec.72-ssec.5) The former occupier must give the prescribed document to the current occupier no later than 1 month after the former occupier stops being the occupier of the building. Maximum penalty—20 penalty units.\n(sec.72-ssec.6) In this section— public authority see the Public Records Act 2002 , schedule 2 .\n- (a) for at least 2 years after the document was made (the retention period ); or\n- (b) if the document includes entries for more than 1 day—for at least 2 years after the last day for which an entry was made in the document (also the retention period ).\n- (a) was made before the person became the occupier of the building; or\n- (b) is made while the person is the occupier of the building.\n- (a) the person who is the occupier of the building (the former occupier ) stops being the occupier of the building; and\n- (b) another person (the current occupier ) becomes the occupier of the building.","sortOrder":108},{"sectionNumber":"sec.73","sectionType":"section","heading":null,"content":"### Section sec.73\n\ns 73 om 2009 Act No. 24 s 96","sortOrder":109},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Fees","content":"## Fees","sortOrder":110},{"sectionNumber":"sec.74","sectionType":"section","heading":"Preliminary meeting fee for proposed building development application","content":"### sec.74 Preliminary meeting fee for proposed building development application\n\nThis section applies if a person who proposes to make a building development application asks a representative of the service to attend a meeting (a preliminary meeting ) to discuss the application.\nThe person must pay the service the following fees—\nfor attendance of the representative at the first preliminary meeting requested by the person—\nfor the first hour of the meeting—nil; and\nfor each additional hour, or part of an hour, of the meeting—644.20 fee units;\nfor attendance of the representative at a later preliminary meeting—for each hour, or part of an hour, of the meeting—644.20 fee units.\ns 74 amd 2009 SL No. 111 s 6 ; 2010 SL No. 117 s 6 ; 2011 SL No. 104 s 6 ; 2012 SL No. 91 s 6 ; 2013 SL No. 110 s 6 ; 2014 SL No. 77 s 4 ; 2015 SL No. 56 s 4 ; 2016 SL No. 73 s 4 ; 2017 SL No. 87 s 4 ; 2018 SL No. 79 s 4 ; 2019 SL No. 110 s 4 ; 2020 SL No. 124 s 5 ; 2021 SL No. 80 s 5 ; 2022 SL No. 81 s 5\n(sec.74-ssec.1) This section applies if a person who proposes to make a building development application asks a representative of the service to attend a meeting (a preliminary meeting ) to discuss the application.\n(sec.74-ssec.2) The person must pay the service the following fees— for attendance of the representative at the first preliminary meeting requested by the person— for the first hour of the meeting—nil; and for each additional hour, or part of an hour, of the meeting—644.20 fee units; for attendance of the representative at a later preliminary meeting—for each hour, or part of an hour, of the meeting—644.20 fee units.\n- (a) for attendance of the representative at the first preliminary meeting requested by the person— (i) for the first hour of the meeting—nil; and (ii) for each additional hour, or part of an hour, of the meeting—644.20 fee units;\n- (i) for the first hour of the meeting—nil; and\n- (ii) for each additional hour, or part of an hour, of the meeting—644.20 fee units;\n- (b) for attendance of the representative at a later preliminary meeting—for each hour, or part of an hour, of the meeting—644.20 fee units.\n- (i) for the first hour of the meeting—nil; and\n- (ii) for each additional hour, or part of an hour, of the meeting—644.20 fee units;","sortOrder":111},{"sectionNumber":"sec.75","sectionType":"section","heading":"Fee for fire safety report for a building","content":"### sec.75 Fee for fire safety report for a building\n\nThis section applies if a person with an interest in a building gives the service a written request for a fire safety report for the building.\na prospective purchaser of a building\nThe request must be accompanied by a fee of 161.80 fee units.\nIn this section—\nfire safety report , for a building, means a report about the safety of the building, including, for example, any of the following matters—\nwhether a requisition relating to the building has been given under the Fire Services Act 1990 , section 145G and, if so, whether the occupier of the building has complied with the requisition;\nwhether the commissioner has given the occupier or owner of the building a notice under the Fire Services Act 1990 , section 146Y (1) , and, if so, whether the occupier or owner has complied with the notice;\nwhether the service has carried out an inspection of the building and, if so, the results of the inspection;\nwhether a fire or hazardous materials emergency has happened in the building, and, if so, the results of an investigation by the service relating to the fire or emergency.\ns 75 amd 2009 SL No. 111 s 7 ; 2010 SL No. 117 s 7 ; 2011 SL No. 104 s 7 ; 2012 SL No. 91 s 7 ; 2013 SL No. 110 s 7 ; 2014 SL No. 77 s 5 ; 2015 SL No. 56 s 5 ; 2016 SL No. 73 s 5 ; 2017 SL No. 87 s 5 ; 2018 SL No. 79 s 5 ; 2019 SL No. 110 s 5 ; 2020 SL No. 124 s 6 ; 2021 SL No. 80 s 6 ; 2022 SL No. 81 s 6 ; 2024 Act No. 22 s 92 sch 1\n(sec.75-ssec.1) This section applies if a person with an interest in a building gives the service a written request for a fire safety report for the building. a prospective purchaser of a building\n(sec.75-ssec.2) The request must be accompanied by a fee of 161.80 fee units.\n(sec.75-ssec.3) In this section— fire safety report , for a building, means a report about the safety of the building, including, for example, any of the following matters— whether a requisition relating to the building has been given under the Fire Services Act 1990 , section 145G and, if so, whether the occupier of the building has complied with the requisition; whether the commissioner has given the occupier or owner of the building a notice under the Fire Services Act 1990 , section 146Y (1) , and, if so, whether the occupier or owner has complied with the notice; whether the service has carried out an inspection of the building and, if so, the results of the inspection; whether a fire or hazardous materials emergency has happened in the building, and, if so, the results of an investigation by the service relating to the fire or emergency.\n- (a) whether a requisition relating to the building has been given under the Fire Services Act 1990 , section 145G and, if so, whether the occupier of the building has complied with the requisition;\n- (b) whether the commissioner has given the occupier or owner of the building a notice under the Fire Services Act 1990 , section 146Y (1) , and, if so, whether the occupier or owner has complied with the notice;\n- (c) whether the service has carried out an inspection of the building and, if so, the results of the inspection;\n- (d) whether a fire or hazardous materials emergency has happened in the building, and, if so, the results of an investigation by the service relating to the fire or emergency.","sortOrder":112},{"sectionNumber":"pt.8","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":113},{"sectionNumber":"sec.76","sectionType":"section","heading":"Repeal of regulations","content":"### sec.76 Repeal of regulations\n\nThe following regulations are repealed—\nBuilding Fire Safety Regulation 1991 SL No. 187\nBuilding Fire Safety Amendment Regulation (No. 1) 1993 SL No. 200.\n- • Building Fire Safety Regulation 1991 SL No. 187\n- • Building Fire Safety Amendment Regulation (No. 1) 1993 SL No. 200.","sortOrder":114},{"sectionNumber":"pt.9","sectionType":"part","heading":"Transitional provisions for SL No. 160 of 2008","content":"# Transitional provisions for SL No. 160 of 2008","sortOrder":115},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":116},{"sectionNumber":"sec.77","sectionType":"section","heading":"Definitions for pt 9","content":"### sec.77 Definitions for pt 9\n\nIn this part—\ncommencement means the commencement of this section.\nrepealed regulation means the repealed Building Fire Safety Regulation 1991 .","sortOrder":117},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Evacuation planning, instruction and practice","content":"## Evacuation planning, instruction and practice","sortOrder":118},{"sectionNumber":"sec.78","sectionType":"section","heading":"Application of sdiv 1","content":"### sec.78 Application of sdiv 1\n\nThis subdivision applies to the occupier of a building if—\nthe occupier—\noccupied the building immediately before the commencement and has continued to occupy the building since the commencement; and\nhas kept a fire and evacuation plan for the building; and\nthe use of the building, including its classification under the Building Code of Australia, has not changed since the commencement.\n- (a) the occupier— (i) occupied the building immediately before the commencement and has continued to occupy the building since the commencement; and (ii) has kept a fire and evacuation plan for the building; and\n- (i) occupied the building immediately before the commencement and has continued to occupy the building since the commencement; and\n- (ii) has kept a fire and evacuation plan for the building; and\n- (b) the use of the building, including its classification under the Building Code of Australia, has not changed since the commencement.\n- (i) occupied the building immediately before the commencement and has continued to occupy the building since the commencement; and\n- (ii) has kept a fire and evacuation plan for the building; and","sortOrder":119},{"sectionNumber":"sec.79","sectionType":"section","heading":"Compliance with particular requirements about fire and evacuation plans","content":"### sec.79 Compliance with particular requirements about fire and evacuation plans\n\nThe occupier of the building is not required to comply with part 4, division 2 until 1 year after the commencement.","sortOrder":120},{"sectionNumber":"sec.80","sectionType":"section","heading":"Relevant former instructions may be given instead of general evacuation instructions","content":"### sec.80 Relevant former instructions may be given instead of general evacuation instructions\n\nThis section applies to the occupier of the building for giving a person general evacuation instructions for the building under section 32(2) or 35(2) or (4).\nThe occupier may give the person relevant former instructions for the building under section 32(2) or 35(2) or (4) instead of the general evacuation instructions.\nIf, under subsection (2), the occupier gives a person relevant former instructions for the building the occupier is taken to have given the person general evacuation instructions for the building on the day the relevant former instructions were given.\nSubsection (2) stops applying 1 year after the commencement.\nIn this section—\nrelevant former instructions , for a building, means instructions relating to the building about the matters mentioned in section 11(2)(a) and (b) of the repealed regulation.\n(sec.80-ssec.1) This section applies to the occupier of the building for giving a person general evacuation instructions for the building under section 32(2) or 35(2) or (4).\n(sec.80-ssec.2) The occupier may give the person relevant former instructions for the building under section 32(2) or 35(2) or (4) instead of the general evacuation instructions.\n(sec.80-ssec.3) If, under subsection (2), the occupier gives a person relevant former instructions for the building the occupier is taken to have given the person general evacuation instructions for the building on the day the relevant former instructions were given.\n(sec.80-ssec.4) Subsection (2) stops applying 1 year after the commencement.\n(sec.80-ssec.5) In this section— relevant former instructions , for a building, means instructions relating to the building about the matters mentioned in section 11(2)(a) and (b) of the repealed regulation.","sortOrder":121},{"sectionNumber":"sec.81","sectionType":"section","heading":"Relevant former instructions may be given instead of first-response evacuation instructions","content":"### sec.81 Relevant former instructions may be given instead of first-response evacuation instructions\n\nThis section applies to the occupier of the building for giving a person first-response evacuation instructions for the building under section 32(2) or 36(2) or (4).\nThe occupier may give the person relevant former instructions for the building under section 32(2) or 36(2) or (4) instead of the first-response evacuation instructions.\nIf, under subsection (2), the occupier gives a person relevant former instructions for the building the occupier is taken to have given the person first-response evacuation instructions for the building on the day the relevant former instructions were given.\nSubsection (2) stops applying 1 year after the commencement.\nIn this section—\nrelevant former instructions , for a building, means instructions relating to the building about the matters mentioned in section 11(2)(c) of the repealed regulation.\n(sec.81-ssec.1) This section applies to the occupier of the building for giving a person first-response evacuation instructions for the building under section 32(2) or 36(2) or (4).\n(sec.81-ssec.2) The occupier may give the person relevant former instructions for the building under section 32(2) or 36(2) or (4) instead of the first-response evacuation instructions.\n(sec.81-ssec.3) If, under subsection (2), the occupier gives a person relevant former instructions for the building the occupier is taken to have given the person first-response evacuation instructions for the building on the day the relevant former instructions were given.\n(sec.81-ssec.4) Subsection (2) stops applying 1 year after the commencement.\n(sec.81-ssec.5) In this section— relevant former instructions , for a building, means instructions relating to the building about the matters mentioned in section 11(2)(c) of the repealed regulation.","sortOrder":122},{"sectionNumber":"sec.82","sectionType":"section","heading":"Relevant former instructions may be given instead of evacuation coordination instructions","content":"### sec.82 Relevant former instructions may be given instead of evacuation coordination instructions\n\nThis section applies to the occupier of the building for giving a person evacuation coordination instructions for the building under section 32(3) or 38(4).\nThe occupier may give relevant former instructions for the building under section 32(3) or 38(4) instead of the evacuation coordination instructions but only if the occupier gives the relevant former instructions to each person working in the building.\nIf, under subsection (2), the occupier gives a person relevant former instructions for the building the occupier is taken to have given the person evacuation coordination instructions for the building on the day the relevant former instructions were given.\nSubsection (2) stops applying 1 year after the commencement.\nIn this section—\nrelevant former instructions , for a building, means instructions relating to the building about the matters mentioned in section 11(2)(d) and (e) of the repealed regulation.\n(sec.82-ssec.1) This section applies to the occupier of the building for giving a person evacuation coordination instructions for the building under section 32(3) or 38(4).\n(sec.82-ssec.2) The occupier may give relevant former instructions for the building under section 32(3) or 38(4) instead of the evacuation coordination instructions but only if the occupier gives the relevant former instructions to each person working in the building.\n(sec.82-ssec.3) If, under subsection (2), the occupier gives a person relevant former instructions for the building the occupier is taken to have given the person evacuation coordination instructions for the building on the day the relevant former instructions were given.\n(sec.82-ssec.4) Subsection (2) stops applying 1 year after the commencement.\n(sec.82-ssec.5) In this section— relevant former instructions , for a building, means instructions relating to the building about the matters mentioned in section 11(2)(d) and (e) of the repealed regulation.","sortOrder":123},{"sectionNumber":"sec.83","sectionType":"section","heading":"Compliance with particular requirements about fire safety advisers","content":"### sec.83 Compliance with particular requirements about fire safety advisers\n\nAn entity that is the occupier of a high occupancy building is not required to comply with section 21(3)(g), 34(1) to (4), 37 or 41 within the following period—\nif the entity starts to occupy the building within 1 year after the commencement, the later of the following—\n1 year after the commencement;\n1 month after the entity starts to occupy the building;\nif paragraph (a) does not apply—1 year after the commencement.\n- (a) if the entity starts to occupy the building within 1 year after the commencement, the later of the following— (i) 1 year after the commencement; (ii) 1 month after the entity starts to occupy the building;\n- (i) 1 year after the commencement;\n- (ii) 1 month after the entity starts to occupy the building;\n- (b) if paragraph (a) does not apply—1 year after the commencement.\n- (i) 1 year after the commencement;\n- (ii) 1 month after the entity starts to occupy the building;","sortOrder":124},{"sectionNumber":"sec.84","sectionType":"section","heading":"Evacuation practice in continuously occupied budget accommodation buildings","content":"### sec.84 Evacuation practice in continuously occupied budget accommodation buildings\n\nThis section applies if—\nthe occupier of a budget accommodation building occupied the building immediately before the commencement and has continued to occupy the building since the commencement; and\nthe use of the building, including its classification under the Building Code of Australia, has not changed since the commencement.\nThe occupier must ensure that an evacuation of the building under the building’s fire and evacuation plan is carried out—\nif a former evacuation of the building was carried out within 1 year immediately before the commencement—within 1 year after the day the former evacuation was carried out; or\notherwise—within 3 months after the commencement.\nMaximum penalty—30 penalty units.\nIn this section—\nformer evacuation means an evacuation under section 13A(1) of the repealed regulation.\n(sec.84-ssec.1) This section applies if— the occupier of a budget accommodation building occupied the building immediately before the commencement and has continued to occupy the building since the commencement; and the use of the building, including its classification under the Building Code of Australia, has not changed since the commencement.\n(sec.84-ssec.2) The occupier must ensure that an evacuation of the building under the building’s fire and evacuation plan is carried out— if a former evacuation of the building was carried out within 1 year immediately before the commencement—within 1 year after the day the former evacuation was carried out; or otherwise—within 3 months after the commencement. Maximum penalty—30 penalty units.\n(sec.84-ssec.3) In this section— former evacuation means an evacuation under section 13A(1) of the repealed regulation.\n- (a) the occupier of a budget accommodation building occupied the building immediately before the commencement and has continued to occupy the building since the commencement; and\n- (b) the use of the building, including its classification under the Building Code of Australia, has not changed since the commencement.\n- (a) if a former evacuation of the building was carried out within 1 year immediately before the commencement—within 1 year after the day the former evacuation was carried out; or\n- (b) otherwise—within 3 months after the commencement.","sortOrder":125},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Maintenance of prescribed fire safety installations","content":"## Maintenance of prescribed fire safety installations","sortOrder":126},{"sectionNumber":"sec.85","sectionType":"section","heading":"Particular persons taken to be appropriately qualified persons","content":"### sec.85 Particular persons taken to be appropriately qualified persons\n\nThis section applies to a person who holds a current certificate of accreditation, issued by the Fire Protection Industry Board, relating to a prescribed fire safety installation of a particular type.\nThe person is taken to be an appropriately qualified person under section 54(1) for carrying out maintenance of a prescribed fire safety installation of that type.\nSubsection (2) applies until 1 January 2011.\nFor subsection (1), a reference in a certificate of accreditation to the Fire Protection Contractors Registration Board of Queensland Inc. is taken to be a reference to the Fire Protection Industry Board.\ns 85 amd 2008 SL No. 413 s 10\n(sec.85-ssec.1) This section applies to a person who holds a current certificate of accreditation, issued by the Fire Protection Industry Board, relating to a prescribed fire safety installation of a particular type.\n(sec.85-ssec.2) The person is taken to be an appropriately qualified person under section 54(1) for carrying out maintenance of a prescribed fire safety installation of that type.\n(sec.85-ssec.3) Subsection (2) applies until 1 January 2011.\n(sec.85-ssec.4) For subsection (1), a reference in a certificate of accreditation to the Fire Protection Contractors Registration Board of Queensland Inc. is taken to be a reference to the Fire Protection Industry Board.","sortOrder":127},{"sectionNumber":"pt.9-div.4","sectionType":"division","heading":"Records","content":"## Records","sortOrder":128},{"sectionNumber":"sec.86","sectionType":"section","heading":"Keeping former records","content":"### sec.86 Keeping former records\n\nThis section applies if, immediately before the commencement, the occupier of a building was required to keep a former record for the building.\nSection 72 applies to the occupier of the building as if the former record were a prescribed document for the building.\nIn this section—\nformer record , for a building, means any of the following—\na record of fire instruction under section 12(1) of the repealed regulation;\na record of an evacuation under section 13A(2) of the repealed regulation;\na certificate of maintenance under section 15(2)(a) of the repealed regulation;\na record of maintenance under section 16(2) of the repealed regulation.\n(sec.86-ssec.1) This section applies if, immediately before the commencement, the occupier of a building was required to keep a former record for the building.\n(sec.86-ssec.2) Section 72 applies to the occupier of the building as if the former record were a prescribed document for the building.\n(sec.86-ssec.3) In this section— former record , for a building, means any of the following— a record of fire instruction under section 12(1) of the repealed regulation; a record of an evacuation under section 13A(2) of the repealed regulation; a certificate of maintenance under section 15(2)(a) of the repealed regulation; a record of maintenance under section 16(2) of the repealed regulation.\n- (a) a record of fire instruction under section 12(1) of the repealed regulation;\n- (b) a record of an evacuation under section 13A(2) of the repealed regulation;\n- (c) a certificate of maintenance under section 15(2)(a) of the repealed regulation;\n- (d) a record of maintenance under section 16(2) of the repealed regulation.","sortOrder":129},{"sectionNumber":"pt.9-div.5","sectionType":"division","heading":"Fees for assessment and inspection of special fire services","content":"## Fees for assessment and inspection of special fire services","sortOrder":130},{"sectionNumber":"sec.87","sectionType":"section","heading":"Relevant former reassessment fee","content":"### sec.87 Relevant former reassessment fee\n\nThis section applies if —\nbefore the commencement—\na person submitted amended plans and specifications for stated building work for approval; and\nthe service did not finish reassessing the required special fire services for the stated building work under section 24(2) of the repealed regulation; and\nthe person has not paid the relevant former reassessment fee for the reassessment.\nFor reassessing, and paying the relevant former reassessment fee for, the required special fire services for the stated building work, section 24 of the repealed regulation, as it was in force on the day the service started the reassessment, continues to apply as if the section had not been amended or repealed.\nIn this section—\nrelevant former reassessment fee , for reassessment of required special fire services, means—\nif the reassessment started before 8 February 2008—the fee stated in section 24(5), definition reassessment fee of the repealed regulation, as it was in force on the day the reassessment started; or\nif the reassessment started on or after 8 February 2008—the reassessment fee stated in schedule 3 of the repealed regulation, as it was in force on that day.\n(sec.87-ssec.1) This section applies if — before the commencement— a person submitted amended plans and specifications for stated building work for approval; and the service did not finish reassessing the required special fire services for the stated building work under section 24(2) of the repealed regulation; and the person has not paid the relevant former reassessment fee for the reassessment.\n(sec.87-ssec.2) For reassessing, and paying the relevant former reassessment fee for, the required special fire services for the stated building work, section 24 of the repealed regulation, as it was in force on the day the service started the reassessment, continues to apply as if the section had not been amended or repealed.\n(sec.87-ssec.3) In this section— relevant former reassessment fee , for reassessment of required special fire services, means— if the reassessment started before 8 February 2008—the fee stated in section 24(5), definition reassessment fee of the repealed regulation, as it was in force on the day the reassessment started; or if the reassessment started on or after 8 February 2008—the reassessment fee stated in schedule 3 of the repealed regulation, as it was in force on that day.\n- (a) before the commencement— (i) a person submitted amended plans and specifications for stated building work for approval; and (ii) the service did not finish reassessing the required special fire services for the stated building work under section 24(2) of the repealed regulation; and\n- (i) a person submitted amended plans and specifications for stated building work for approval; and\n- (ii) the service did not finish reassessing the required special fire services for the stated building work under section 24(2) of the repealed regulation; and\n- (b) the person has not paid the relevant former reassessment fee for the reassessment.\n- (i) a person submitted amended plans and specifications for stated building work for approval; and\n- (ii) the service did not finish reassessing the required special fire services for the stated building work under section 24(2) of the repealed regulation; and\n- (a) if the reassessment started before 8 February 2008—the fee stated in section 24(5), definition reassessment fee of the repealed regulation, as it was in force on the day the reassessment started; or\n- (b) if the reassessment started on or after 8 February 2008—the reassessment fee stated in schedule 3 of the repealed regulation, as it was in force on that day.","sortOrder":131},{"sectionNumber":"sec.88","sectionType":"section","heading":"Relevant former reinspection fee","content":"### sec.88 Relevant former reinspection fee\n\nThis section applies if—\nbefore the commencement—\na person made a request under section 25(1)(b) or (2)(b) of the repealed regulation for the service to inspect special fire services; and\nthe service did not finish inspecting the special fire services; and\nthe person has not paid the relevant former reinspection fee for the inspection.\nFor inspecting, and paying the relevant former reinspection fee for, the special fire services, section 25 of the repealed regulation, as it was in force on the day the service started the inspection, continues to apply as if the section had not been amended or repealed.\nIn this section—\nrelevant former reinspection fee , for inspection of required special fire services means—\nif the inspection started before 8 February 2008—the fee stated in section 25(5), definition reinspection fee of the repealed regulation, as it was in force on the day the inspection started; or\nif the inspection started on or after 8 February 2008—the reinspection fee stated in schedule 3 of the repealed regulation, as it was in force on that day.\n(sec.88-ssec.1) This section applies if— before the commencement— a person made a request under section 25(1)(b) or (2)(b) of the repealed regulation for the service to inspect special fire services; and the service did not finish inspecting the special fire services; and the person has not paid the relevant former reinspection fee for the inspection.\n(sec.88-ssec.2) For inspecting, and paying the relevant former reinspection fee for, the special fire services, section 25 of the repealed regulation, as it was in force on the day the service started the inspection, continues to apply as if the section had not been amended or repealed.\n(sec.88-ssec.3) In this section— relevant former reinspection fee , for inspection of required special fire services means— if the inspection started before 8 February 2008—the fee stated in section 25(5), definition reinspection fee of the repealed regulation, as it was in force on the day the inspection started; or if the inspection started on or after 8 February 2008—the reinspection fee stated in schedule 3 of the repealed regulation, as it was in force on that day.\n- (a) before the commencement— (i) a person made a request under section 25(1)(b) or (2)(b) of the repealed regulation for the service to inspect special fire services; and (ii) the service did not finish inspecting the special fire services; and\n- (i) a person made a request under section 25(1)(b) or (2)(b) of the repealed regulation for the service to inspect special fire services; and\n- (ii) the service did not finish inspecting the special fire services; and\n- (b) the person has not paid the relevant former reinspection fee for the inspection.\n- (i) a person made a request under section 25(1)(b) or (2)(b) of the repealed regulation for the service to inspect special fire services; and\n- (ii) the service did not finish inspecting the special fire services; and\n- (a) if the inspection started before 8 February 2008—the fee stated in section 25(5), definition reinspection fee of the repealed regulation, as it was in force on the day the inspection started; or\n- (b) if the inspection started on or after 8 February 2008—the reinspection fee stated in schedule 3 of the repealed regulation, as it was in force on that day.","sortOrder":132},{"sectionNumber":"sec.89","sectionType":"section","heading":"Relevant former alternative solution fee","content":"### sec.89 Relevant former alternative solution fee\n\nThis section applies if—\nbefore the commencement—\na meeting (the relevant alternative solution meeting ) under section 27(1)(b) of the repealed regulation was held for considering and deciding on a proposed alternative solution for stated building work; and\nthe service did not decide on the proposed alternative solution; and\nthe applicant for the stated building work has not paid the relevant former alternative solution fee for considering, and deciding on, the proposed alternative solution.\nFor considering and deciding on, and paying the relevant former alternative solution fee for, the proposed alternative solution for the stated building work, section 27 of the repealed regulation, as it was in force on the day the relevant alternative solution meeting was held, continues to apply as if the section had not been amended or repealed.\nIn this section—\nrelevant former alternative solution fee , for a proposed alternative solution for stated building work, means the fee stated in section 27(2) of the repealed regulation, as it was in force on the day the relevant alternative solution meeting was held, for considering, and deciding on, the proposed alternative solution.\n(sec.89-ssec.1) This section applies if— before the commencement— a meeting (the relevant alternative solution meeting ) under section 27(1)(b) of the repealed regulation was held for considering and deciding on a proposed alternative solution for stated building work; and the service did not decide on the proposed alternative solution; and the applicant for the stated building work has not paid the relevant former alternative solution fee for considering, and deciding on, the proposed alternative solution.\n(sec.89-ssec.3) For considering and deciding on, and paying the relevant former alternative solution fee for, the proposed alternative solution for the stated building work, section 27 of the repealed regulation, as it was in force on the day the relevant alternative solution meeting was held, continues to apply as if the section had not been amended or repealed.\n(sec.89-ssec.4) In this section— relevant former alternative solution fee , for a proposed alternative solution for stated building work, means the fee stated in section 27(2) of the repealed regulation, as it was in force on the day the relevant alternative solution meeting was held, for considering, and deciding on, the proposed alternative solution.\n- (a) before the commencement— (i) a meeting (the relevant alternative solution meeting ) under section 27(1)(b) of the repealed regulation was held for considering and deciding on a proposed alternative solution for stated building work; and (ii) the service did not decide on the proposed alternative solution; and\n- (i) a meeting (the relevant alternative solution meeting ) under section 27(1)(b) of the repealed regulation was held for considering and deciding on a proposed alternative solution for stated building work; and\n- (ii) the service did not decide on the proposed alternative solution; and\n- (b) the applicant for the stated building work has not paid the relevant former alternative solution fee for considering, and deciding on, the proposed alternative solution.\n- (i) a meeting (the relevant alternative solution meeting ) under section 27(1)(b) of the repealed regulation was held for considering and deciding on a proposed alternative solution for stated building work; and\n- (ii) the service did not decide on the proposed alternative solution; and","sortOrder":133},{"sectionNumber":"sec.90","sectionType":"section","heading":"Fire engineering brief meeting fee","content":"### sec.90 Fire engineering brief meeting fee\n\nThis section applies if—\nbefore the commencement—\na person applied under section 28(1) of the repealed regulation for approval of a proposed fire engineering design brief for stated building work; and\nan authorised representative of the service attended a former fire engineering brief meeting relating to the approval of the proposed fire engineering design brief; and\nthe service had not decided whether or not to approve the proposed fire engineering design brief; and\nthe person has not paid the former fire engineering design brief meeting fee for the attendance of the representative of the service at the former fire engineering brief meeting.\nFor assessing the fire engineering design brief for the stated building work—\nsection 61 applies as if the reference to a fire engineering brief were a reference to the proposed fire engineering design brief; and\nsection 62(1)(d) applies as if the reference to each fire engineering brief meeting included a reference to each former fire engineering brief meeting; and\nschedule 2, part 3, item 3 applies as if a reference to a meeting included a reference to a former fire engineering brief meeting.\nIn this section—\nformer fire engineering brief meeting means a fire engineering brief meeting under section 28(2)(d) of the repealed regulation.\nformer fire engineering design brief meeting fee means the fire engineering design brief meeting fee stated in schedule 3 of the repealed regulation.\n(sec.90-ssec.1) This section applies if— before the commencement— a person applied under section 28(1) of the repealed regulation for approval of a proposed fire engineering design brief for stated building work; and an authorised representative of the service attended a former fire engineering brief meeting relating to the approval of the proposed fire engineering design brief; and the service had not decided whether or not to approve the proposed fire engineering design brief; and the person has not paid the former fire engineering design brief meeting fee for the attendance of the representative of the service at the former fire engineering brief meeting.\n(sec.90-ssec.2) For assessing the fire engineering design brief for the stated building work— section 61 applies as if the reference to a fire engineering brief were a reference to the proposed fire engineering design brief; and section 62(1)(d) applies as if the reference to each fire engineering brief meeting included a reference to each former fire engineering brief meeting; and schedule 2, part 3, item 3 applies as if a reference to a meeting included a reference to a former fire engineering brief meeting.\n(sec.90-ssec.3) In this section— former fire engineering brief meeting means a fire engineering brief meeting under section 28(2)(d) of the repealed regulation. former fire engineering design brief meeting fee means the fire engineering design brief meeting fee stated in schedule 3 of the repealed regulation.\n- (a) before the commencement— (i) a person applied under section 28(1) of the repealed regulation for approval of a proposed fire engineering design brief for stated building work; and (ii) an authorised representative of the service attended a former fire engineering brief meeting relating to the approval of the proposed fire engineering design brief; and (iii) the service had not decided whether or not to approve the proposed fire engineering design brief; and\n- (i) a person applied under section 28(1) of the repealed regulation for approval of a proposed fire engineering design brief for stated building work; and\n- (ii) an authorised representative of the service attended a former fire engineering brief meeting relating to the approval of the proposed fire engineering design brief; and\n- (iii) the service had not decided whether or not to approve the proposed fire engineering design brief; and\n- (b) the person has not paid the former fire engineering design brief meeting fee for the attendance of the representative of the service at the former fire engineering brief meeting.\n- (i) a person applied under section 28(1) of the repealed regulation for approval of a proposed fire engineering design brief for stated building work; and\n- (ii) an authorised representative of the service attended a former fire engineering brief meeting relating to the approval of the proposed fire engineering design brief; and\n- (iii) the service had not decided whether or not to approve the proposed fire engineering design brief; and\n- (a) section 61 applies as if the reference to a fire engineering brief were a reference to the proposed fire engineering design brief; and\n- (b) section 62(1)(d) applies as if the reference to each fire engineering brief meeting included a reference to each former fire engineering brief meeting; and\n- (c) schedule 2, part 3, item 3 applies as if a reference to a meeting included a reference to a former fire engineering brief meeting.","sortOrder":134},{"sectionNumber":"pt.10","sectionType":"part","heading":"Transitional provision for Building Fire Safety (Combustible Cladding Rectification Work) Amendment Regulation 2019","content":"# Transitional provision for Building Fire Safety (Combustible Cladding Rectification Work) Amendment Regulation 2019","sortOrder":135},{"sectionNumber":"sec.91","sectionType":"section","heading":"Particular applications for stated building work that is combustible cladding rectification work only","content":"### sec.91 Particular applications for stated building work that is combustible cladding rectification work only\n\nThis section applies in relation to an applicant for stated building work that is combustible cladding work only if the application was made before the commencement.\nSubsection (3) applies if—\nduring the relevant period, the applicant paid to the service a fee or cost under part 6, division 2 or 3 in relation to required special fire services for the stated building work; and\nthe amount paid is more than the amount that would be payable by the applicant to the service if the application were made after the commencement.\nThe service must refund the difference between the amounts to the applicant.\nSubsections (5) and (6) apply if, during the relevant period—\nthe service started to carry out an activity in relation to required special fire services for the stated building work and the applicant had not, immediately before the commencement, paid the service a fee or cost under part 6, division 2 or 3 in relation to the activity; or\nan obligation otherwise arose for the applicant to pay the service a fee or cost under part 6, division 2 or 3 in relation to required special fire services for the stated building work, but the applicant had not, immediately before the commencement, paid the fee or cost.\nThe applicant is not required to pay the service a fee or cost under part 6, division 2 or 3 in relation to required special fire services for the stated building work.\nPart 6, as amended by the amending regulation, applies in relation to the applicant and any activity carried out by the service in relation to the application whether the activity was carried out before or after the commencement.\nIn this section—\namending regulation means the Building Fire Safety (Combustible Cladding Rectification Work) Amendment Regulation 2019 .\nrelevant period means the period starting on 1 July 2018 and ending immediately before the commencement.\ns 91 ins 2019 SL No. 211 s 8\n(sec.91-ssec.1) This section applies in relation to an applicant for stated building work that is combustible cladding work only if the application was made before the commencement.\n(sec.91-ssec.2) Subsection (3) applies if— during the relevant period, the applicant paid to the service a fee or cost under part 6, division 2 or 3 in relation to required special fire services for the stated building work; and the amount paid is more than the amount that would be payable by the applicant to the service if the application were made after the commencement.\n(sec.91-ssec.3) The service must refund the difference between the amounts to the applicant.\n(sec.91-ssec.4) Subsections (5) and (6) apply if, during the relevant period— the service started to carry out an activity in relation to required special fire services for the stated building work and the applicant had not, immediately before the commencement, paid the service a fee or cost under part 6, division 2 or 3 in relation to the activity; or an obligation otherwise arose for the applicant to pay the service a fee or cost under part 6, division 2 or 3 in relation to required special fire services for the stated building work, but the applicant had not, immediately before the commencement, paid the fee or cost.\n(sec.91-ssec.5) The applicant is not required to pay the service a fee or cost under part 6, division 2 or 3 in relation to required special fire services for the stated building work.\n(sec.91-ssec.6) Part 6, as amended by the amending regulation, applies in relation to the applicant and any activity carried out by the service in relation to the application whether the activity was carried out before or after the commencement.\n(sec.91-ssec.7) In this section— amending regulation means the Building Fire Safety (Combustible Cladding Rectification Work) Amendment Regulation 2019 . relevant period means the period starting on 1 July 2018 and ending immediately before the commencement.\n- (a) during the relevant period, the applicant paid to the service a fee or cost under part 6, division 2 or 3 in relation to required special fire services for the stated building work; and\n- (b) the amount paid is more than the amount that would be payable by the applicant to the service if the application were made after the commencement.\n- (a) the service started to carry out an activity in relation to required special fire services for the stated building work and the applicant had not, immediately before the commencement, paid the service a fee or cost under part 6, division 2 or 3 in relation to the activity; or\n- (b) an obligation otherwise arose for the applicant to pay the service a fee or cost under part 6, division 2 or 3 in relation to required special fire services for the stated building work, but the applicant had not, immediately before the commencement, paid the fee or cost.","sortOrder":136},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Base fee for stated building work","content":"# Base fee for stated building work","sortOrder":137},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Percentages for calculating special fire service fees","content":"# Percentages for calculating special fire service fees","sortOrder":138},{"sectionNumber":"sch.2-pt.3","sectionType":"part","heading":"Additional assessment and inspection fees for fire engineering briefs","content":"# Additional assessment and inspection fees for fire engineering briefs","sortOrder":139},{"sectionNumber":"sch.2-pt.4","sectionType":"part","heading":"Other assessment and inspection fees","content":"# Other assessment and inspection fees","sortOrder":140}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":689},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly beyond its original 2008 scope. Major additions include: Part 5A (smoke alarms for domestic dwellings) added in 2016; Part 6 Division 3A (combustible cladding rectification work fees) added in 2019; extensive amendments to fee structures using fee units; new requirements for electronic contact details and electronic document storage; and updated references to modernised building regulations. The original focus on commercial building evacuation has broadened to include residential smoke alarm mandates and post-Grenfell cladding safety measures."},"complexity_factors":["Multiple cross-references to other legislation (Building Act 1975, Fire Services Act 1990, Building Code of Australia, Queensland Development Code)","Extensive defined terms including nested definitions (e.g. 'evacuation route' defined differently for different divisions)","Conditional application of requirements based on building type (high occupancy, budget accommodation, residential service, multi-occupancy)","Numerous exceptions and transitional provisions preserving old rules","Mathematical formulas for fee calculations with multiple variables","Detailed technical specifications for smoke alarm placement with multiple measurement thresholds (300mm, 400mm, 500mm, 1000mm, 1500mm)","Overlapping obligations between owners, occupiers, managing entities and secondary occupiers","Prescribed document retention periods with transfer obligations between occupiers"],"plain_english_summary":"This Queensland regulation sets out comprehensive rules for fire safety in buildings. It has two main goals: **ensuring people can evacuate buildings safely during fires or hazardous materials emergencies**, and **making sure fire safety equipment is properly maintained**.\n\n**Key requirements include:**\n\n- **Keeping escape routes clear** — people and building occupiers must not block evacuation routes, including within 2 metres of final exits. This covers everything from rubbish bins to crowds gathering outside doors.\n\n- **Door locking rules** — doors on escape routes cannot be locked if someone is inside, with special protections for childcare centres and places where people are held in custody.\n\n- **Fire safety equipment maintenance** — prescribed fire safety installations (like alarms, sprinklers, extinguishers) must be inspected, tested and maintained by qualified people, with records kept for at least 2 years.\n\n- **Evacuation planning** — building occupiers must prepare written fire and evacuation plans showing escape routes, assembly areas, and procedures for alerting and evacuating people. High occupancy buildings need a qualified **fire safety adviser**.\n\n- **Training and practice** — workers must receive regular instructions on evacuation procedures (annually for basic training, every 2 years for first-response training). Buildings must hold evacuation drills at least once a year.\n\n- **Smoke alarms in homes** — detailed rules about where and how smoke alarms must be installed in domestic dwellings, including requirements for photoelectric sensors and 10-year batteries or hardwiring.\n\n- **Fees for fire services** — various fees apply for assessing and inspecting special fire services in building work, with different rates for standard work, fire engineering briefs, and combustible cladding rectification.\n\nThe regulation applies to most buildings but has exemptions for certain budget accommodation and residential services that have their own fire safety management plans."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation’s core stated purpose (safe evacuation and maintenance of fire safety installations, sec 4) is consistent through the instrument, but its scope has materially expanded in practice.  Beyond basic evacuation obligations the regulation now: (a) prescribes technical domestic smoke‑alarm standards and exact mounting/power rules (secs 55C–55E); (b) creates a detailed, multi‑tiered fee and costing regime for assessment/inspection and fire‑engineering consultants (pts 6, secs 56–64A and schedules), including a dedicated hourly charging model for combustible‑cladding rectification (sec 64A); (c) mandates appointment and qualification requirements for fire safety advisers and creates additional training and record‑sharing duties for high‑occupancy buildings (secs 21, 34, 37, 41, 83); and (d) embeds comprehensive maintenance‑record and occupier‑statement regimes with reporting to the commissioner (secs 54–55A). These additions move the instrument from a narrow operational safety rulebook to a more elaborate administrative and market‑facing regulatory regime that creates recurring compliance costs, fee‑driven interactions with the regulator and demand for certified providers."},"complexity_factors":["Multiple cross‑references to other instruments (Building Code of Australia, Queensland Development Code, QDC part MP6.1, AS 3786–2014, Fire Services Act, Building Act)","Large number of defined terms and technical definitions (evacuation route, common area, critical defect, person with special needs, occupancy safety factors, prescribed fire safety installations, etc.)","Numerous conditional rules and exceptions (different regimes for high‑occupancy buildings, budget accommodation, residential services, temporary events)","Fee formulas and multi‑part fee schedules including percentage calculations and hourly fee unit tariffs (secs 56, 62, 64A; sch 2)","Nested compliance obligations (prepare plan, display diagrams, train staff, keep records, review annually, notify commissioner) across multiple divisions (pt 4 and pt 5)","Transitional provisions and staged compliance relief spanning many sections (pt 9, secs 77–91)","Multiple penalty levels and specified timeframes (24‑hour critical defect notice, 14‑day fee payment, 1‑month plan updates)","Amendment history and inserts across years (adds complexity for determining currently applicable text)"],"plain_english_summary":"**What this regulation does (mechanically)**\n\n- Sets out basic objectives: make it possible to evacuate buildings safely and quickly in a fire or hazardous‑materials emergency, and ensure prescribed fire‑safety installations are maintained (sec 4).\n\n- Requires evacuation routes to be kept clear and unobstructed, and imposes duties on any person and on occupiers (people who control premises) about placing items near exits and along evacuation routes; breaches attract fines (sec 7–9).  Occupiers must also take reasonable steps to stop others obstructing routes (sec 8).\n\n- Limits locking of doors on evacuation routes (definitions and examples in sec 10).  Persons and occupiers must not lock such doors when someone is inside (sec 11), with special rules where children, persons in custody or similar vulnerable occupants are inside (sec 12).\n\n- Prohibits actions (and some installations or alterations) that allow contaminated or smoke‑laden air to flow onto evacuation routes in an emergency (sec 13).\n\n- Establishes occupancy safety factors (what to consider when deciding safe numbers in a building) and requires occupiers to ensure the number of people present does not create an unreasonable risk.  It also prescribes maximum occupancy rules that link to the Building Code of Australia and Queensland Development Code (sec 14–16).\n\n- Requires written fire and evacuation plans, including evacuation diagrams, evacuation coordination procedures, lists of responsible people and (for high‑occupancy buildings) appointment and qualification details of a fire safety adviser (secs 17–26, 21).  Plans must be kept available for inspection (sec 26), reviewed at least yearly (sec 28) and updated when circumstances change (sec 27).\n\n- Imposes detailed obligations for giving evacuation instruction and first‑response instruction to workers at set intervals and on induction; higher training standards apply to high‑occupancy buildings (secs 32, 34–41, 35–38).  Records of instructions and drills must be kept (secs 45–46).\n\n- Requires regular prescribed evacuation practices (drills) at specified intervals and allows reasonable simulation where real practice would be harmful (secs 43–44).\n\n- For accommodation units (hotel rooms, serviced apartments etc.), owners must display an evacuation sign inside the unit showing escape routes, alarms and firefighting equipment (sec 48).\n\n- Defines “critical defect” in a prescribed fire‑safety installation and requires persons who carry out maintenance to notify occupiers of any critical defect within 24 hours (sec 49, 53).\n\n- Requires occupiers to ensure maintenance and inspection of prescribed fire‑safety installations by appropriately qualified people and to keep detailed records and occupier statements; some occupier statements must be given to the commissioner (secs 50, 54–55A, 55B).\n\n- Prescribes smoke‑alarm obligations for domestic dwellings: where alarms must be installed, mounting and clearance rules, acceptable power sources (hardwired or sealed 10‑year battery), and that alarms must be photoelectric and compliant with AS 3786–2014 (secs 55C–55E).\n\n- Sets out fees and fee formulas for assessment and inspection services related to required special fire services for building work: base fees, special‑fire‑service percentages, fees for fire‑engineering briefs and meeting attendance, hourly fees for combustible‑cladding rectification work and other specified inspection/reinspection fees (pts 6 and schedule references; see secs 56–76, 59–69, 62, 64A).  It also prescribes rounding rules for fee units (sec 4A).\n\n- Contains transitional provisions preserving some prior arrangements and time‑limited compliance relief when the regulation commenced or when amendments were introduced (pt 9, secs 77–91).\n\n**Who is affected**\n\n- Occupiers and owners of all buildings (special duties for high‑occupancy buildings and budget accommodation buildings) — responsible for evacuation plans, keeping routes clear, organising drills, maintenance and record‑keeping (multiple sections, notably secs 7–9, 21–28, 43–55A).\n\n- Persons who work on or maintain prescribed fire‑safety installations — must maintain to code and notify occupiers of critical defects within 24 hours (secs 50, 53).\n\n- Developers, applicants for building work and building certifiers — liable for assessment and inspection fees, including special regimes for fire‑engineering briefs and combustible‑cladding rectification (pts 6, secs 57–69, 62, 64A).\n\n- High‑occupancy building operators — additional duties to appoint qualified fire safety advisers, higher training requirements and more frequent record‑sharing with advisers (secs 21, 34, 37, 41, 83).\n\n- Owners of accommodation units and tenants in multi‑occupancy buildings — must display evacuation signage and coordinate with managing entities (secs 22–23, 48).\n\n- Residents and the public are indirectly affected because the regulation constrains how buildings are used, when they are evacuated and how many people may be present at a time (secs 15–16, 44).\n\n**Why it matters (practical effects and the mechanisms it creates)**\n\n- The regulation operationalises the stated safety objectives (sec 4) by imposing affirmative duties on occupiers and service providers: keep routes clear, prepare and maintain written plans and diagrams, train staff, run drills, maintain safety systems and keep records.\n\n- Enforcement is backed by monetary penalties (commonly up to 30 penalty units for breaches of evacuation and maintenance duties — see e.g. secs 7–9, 11, 15, 16, 21, 43–44, 54).\n\n- The regulation creates recurring administrative costs for building owners/occupiers: producing and updating plans, training staff, running drills, keeping and transferring records, engaging qualified maintenance contractors and, where relevant, appointing fire safety advisers (secs 21–28, 34, 35–41, 45–55A).\n\n- For developers and applicants, the fee formulas and hourly rates (notably for combustible cladding rectification work — sec 64A) translate into project costs that scale with the scale and complexity of required special fire services. The fee rounding rule (sec 4A) determines how fee unit calculations are converted to dollars.\n\n- The rules create demand for certified fire‑safety personnel and registered training organisations (secs 34, 37), and for contractors qualified to maintain prescribed installations (secs 50, 54–55).  Where supply of such providers is thin (for example remote areas), the regulation recognises those practical constraints as possible reasonable excuses (sec 54(4)).\n\n**Costs, incentives and trade‑offs (mechanisms rather than judgments)**\n\n- Who pays: occupiers and owners pay for training, maintenance, record‑keeping, appointing advisers and meeting occupancy limits; applicants for building work pay assessment/inspection fees and meeting costs (secs 54, 55A, 62, 64A, 74–75).\n\n- Incentives: monetary penalties and formal record‑keeping create strong incentives to comply. Fees for services create an incentive for applicants to engage early and accurately to avoid reinspection/reassessment fees (secs 57, 65–69).\n\n- Opportunity costs: time spent on training, drills and record‑keeping is time not spent on revenue‑generating activity; building owners face constrained use (occupancy limits, signage and access restrictions) that can reduce short‑term revenue potential (secs 15–16, 48).\n\n- Implementation risk and compliance burden: many cross‑referenced codes and external qualifications (Building Code of Australia, Queensland Development Code, AS 3786–2014, QDC MP6.1) mean compliance requires specialist understanding and coordination with certifiers and the service; small operators may face proportionally higher compliance costs (multiple sections, e.g. secs 14, 21, 50, 55C–55E).\n\n- Bureaucratic discretion and administrative revenue: the service/commissioner has authority to impose fees, require deposits and recover unpaid fees as debts (secs 57, 62, 64A). Fees and meeting attendance rules channel work (and revenue) through the regulator’s assessment processes (secs 62–64A).\n\n- Effects on private enterprise and markets: the regulation increases demand for certified maintenance providers, trainers and fire safety advisers and imposes upfront and ongoing compliance costs on businesses that occupy or own buildings — particularly those that host the public or have special fire‑safety installations (secs 34, 37, 50, 54–55A, 62, 64A).\n\n**Key cross‑references to watch when applying the rules**\n\n- Building Code of Australia and Queensland Development Code for occupancy and performance criteria (secs 14, 16).\n- QDC part MP6.1 for maintenance intervals and standards for prescribed fire safety installations (secs 50, 54–55A).\n- AS 3786–2014 for smoke alarm standards (sec 55E).\n\n**Select section citations for major duties**\n\n- Keep evacuation routes clear: secs 7–9\n- Door locking rules: secs 10–12\n- Fire and evacuation plans and diagrams: secs 17–26\n- Training, instructions and drills: secs 32–44\n- Maintenance, critical defect notices and records: secs 49–55A\n- Smoke alarms for dwellings: secs 55C–55E\n- Fees and fee calculations (including combustible cladding): secs 56–64A, schedules\n\n"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation was originally focused on two core objectives — safe evacuation and maintenance of fire safety installations. Over time it has been amended multiple times (2009, 2011, 2013, 2014, 2022, 2024, 2025) to expand its reach: adding electronic contact details requirements, adding QEC approved services and education and care services to the custody/children locking provisions, updating references to the Building Code of Australia (including specific part references updated to reflect NCC restructuring), adding fee unit rounding provisions, and updating cross-references to reflect machinery-of-government changes (e.g. Fire Services Act 1990 amendments). The core scope remains fire safety, but the administrative and technical detail has grown considerably from what a 2008 foundational regulation would originally have contained."},"complexity_factors":["Multiple layers of obligation applying to different classes of person (individual persons, occupiers, managing entities, secondary occupiers, owners, fire safety advisers) with different duties in each case","Extensive cross-referencing to external instruments including the Building Code of Australia, Queensland Development Code, Fire Services Act 1990, Building Act 1975, Education and Care Services National Law (Queensland), and Acts Interpretation Act 1954","Different rules apply depending on building type (high occupancy, budget accommodation, residential service, multi-occupancy, temporary event venues, childcare/custody buildings) requiring careful categorisation before knowing which obligations apply","Interaction between the regulation and a parent Act (the Fire Services Act 1990 and Building Act 1975) means obligations cannot be fully understood from the regulation alone","Fee unit calculation mechanism tied to external indexing (Acts Interpretation Act 1954 s.48C) adds financial complexity","Tiered and time-based compliance obligations (2 days, 1 month, 2 months, 1 year, 2 year intervals) with different triggers for different obligations","Technical concepts (fire-isolated compartments, prescribed fire safety installations, alternative solutions, performance requirements under the BCA) require specialist knowledge to apply correctly","Definitions are housed in a separate schedule (schedule 3) not reproduced in the main text, requiring cross-referencing to understand scope"],"plain_english_summary":"The Building Fire Safety Regulation 2008 (Qld) sets minimum rules to keep escape routes clear, maintain fire safety systems, and ensure buildings have up-to-date evacuation plans, training, drills and records. It applies to occupiers, owners, managers, workers and most people who use or run buildings (from shops and offices to childcare, hospitals and budget accommodation). It matters because it reduces risk in fast-moving emergencies so people can get out alive and systems will work when needed."}},"importantCases":[],"_links":{"self":"/api/acts/building-fire-safety-regulation-2008","history":"/api/acts/building-fire-safety-regulation-2008/history","analysis":"/api/acts/building-fire-safety-regulation-2008/analysis","conflicts":"/api/acts/building-fire-safety-regulation-2008/conflicts","importantCases":"/api/acts/building-fire-safety-regulation-2008/important-cases","documents":"/api/acts/building-fire-safety-regulation-2008/documents"}}