Automated External Defibrillators (Public Access) Regulations 2024

Public building or facility. The Act defines this term by reference to categories including commercial buildings, public transport hubs, entertainment venues and others, but leaves paragraphs (e) and (g) to be prescribed. Regulation 4 prescribes a place of worship under paragraph (e), so worship buildings with sufficient floor area must comply. Conversely, a carpark (indoor or outdoor) is excluded from paragraph (g), meaning standalone carparks are not public buildings for the Act. The regulation defines “place of worship” by primary purpose, not by religious denomination.

Relevant facility. Defined in the Act by reference to a facility within a prescribed distance of a public building or sporting facility. Regulation 6 sets that distance at 100 metres. This means that a building or facility within 100 metres of a covered building may itself become a “relevant facility” and its publicly accessible floor area is aggregated with the main building for threshold calculations. The 100 metre distance is measured from the boundaries or buildings? The regulation does not specify the measurement origin, which could create boundary disputes.

Prescribed sporting facility. Regulation 8 defines this broadly: any building or facility whose primary purpose is to play a sport or undertake physical exertion for health or wellbeing. However, it expressly excludes buildings or facilities already covered by sections 4(c) to (k) of the Act (which likely list other specific categories like hospitals, educational institutions, etc.). This prevents double counting. The “primary purpose” test means a multi-purpose facility (e.g., a school with a gym used primarily for education) may not be a prescribed sporting facility.

Publicly accessible floor area. This term is defined in section 7 of the Act and adopted in the regulations. The calculation method in regulation 7 distinguishes between total floor area (for threshold determination) and publicly accessible floor area (for the maximum number of AEDs). For buildings, total floor area includes internal floor space, stairs, toilets, lifts, lift shafts, columns, external balconies and rooftop terraces. For facilities, it includes the relevant area of any buildings within the facility, but excludes outdoor swimming pools, gardens, pathways, driveways, and other external areas. If the facility is a single enclosed structure (fully or partially), the entire perimeter area counts. This method is critical because the maximum AED requirement under regulation 10 is triggered only by publicly accessible floor area, not gross floor area.

Maximum number of AEDs. Regulation 10 provides a sliding scale from 10 units (12,000-36,999 m²) to 30 units (130,000 m² or more). These are caps, not minima. The principal Act likely requires installation of an AED when the threshold is met, but the cap limits how many the regulator can demand. Owners are free to install more at their discretion.

Installation. Regulation 14 defines installation for buildings as placement in a fixed location (including behind a reception desk) provided it remains in the same location except when in use. Use includes treating cardiac arrest or transporting the AED for that purpose. This definition means that portable AEDs kept in a bag and moved daily are not “installed” for the Act’s purposes. Owners may move the AED to an alternative permanent location. For vehicles, placement in the vehicle counts as installation.

Accessibility. Regulation 13 requires that an AED in a building be accessible to the public, and in all cases must not be locked in a cabinet requiring a key or code. “Accessible to the public” is defined as being able to request access. This is a relatively low bar: it does not require 24/7 open access or outdoor placement. However, the regulation also carves out residential aged care facilities from the public accessibility requirement.

Exemptions. Regulation 9 exempts hospitals and medical facilities from the Act if they have a medical practitioner, registered nurse or paramedic on site at all times during opening hours, and a defibrillator is available. Defibrillator is defined broadly to include AEDs. Regulation 12 exempts firefighting aircraft and freight-only trains. Regulation 11 excludes schools from “relevant designated building or facility or prescribed building”, so schools are not subject to the enhanced maximum? The effect is that schools do not need to use the maximum cap formula; they fall under separate provisions.

Building and facility owners. The primary duty holders are owners of buildings and facilities that are “public buildings or facilities” as defined (including places of worship) with a publicly accessible floor area of 12,000 m² or more. This covers large shopping centres, entertainment venues, transport terminals, office towers, exhibition centres, sports stadiums, and worship centres of sufficient size. The owner must assess floor area, determine the applicable maximum, install AEDs in compliance with placement rules, and maintain them in a fixed location. The cost of purchasing and installing up to 30 units per site falls on the owner, with no government subsidy mandated.

Vehicle owners and operators. Regulation 5 prescribes that for trains and trams, the relevant authority is the owner of the train or tram; for public buses, the registered owner. These entities must install AEDs on their vehicles (subject to the principal Act’s thresholds). However, regulation 12 exempts firefighting aircraft and freight-only trains, reducing the burden on those operators. The regulations do not specify threshold floor areas for vehicles; that is left to the principal Act, meaning the regulations alone do not tell a bus operator whether they must install an AED.

Hospitals and medical facilities. While generally expected to have defibrillators, regulation 9 provides relief: if a hospital or medical facility has on-site medical practitioner, nurse or paramedic during opening hours and a defibrillator available, the Act does not apply. This avoids duplication of regulation for facilities already clinically equipped. However, residential aged care facilities are not treated as medical facilities, meaning they cannot claim this exemption. They may still be subject to the Act if they meet other definitions.

Aged care facilities. These are specifically excluded from being medical facilities (reg 9(2)), but also receive a concession: AEDs installed in aged care facilities do not need to be accessible to the public (reg 13(3)). This reflects the practical difficulty of unrestricted public access in residential care settings.

Schools. Regulation 11 excludes schools from the definition of “relevant designated building or facility or prescribed building”. Schools may still be caught under other definitions (e.g., a school with a large public hall may be a public building). The exclusion only removes them from the special maximum formula.

Sports facility operators. Any building or facility whose primary purpose is sport or physical activity (e.g., gyms, indoor sports centres, stadiums) is a prescribed sporting facility. This includes private sector and local government facilities. The “primary purpose” test allows a facility that also hosts non-sporting events (e.g., a stadium used for concerts) to still be covered. However, facilities already listed elsewhere in the Act (like hospitals) are excluded from this definition.

Owners of carparks. Carparks, whether indoor or outdoor, are expressly excluded from the definition of public building or facility. This means a standalone multi-storey carpark does not need AEDs under this Act even if its floor area exceeds 12,000 m². However, if a carpark is part of a larger building that is covered, its floor area may still count in the building’s total floor area calculation.

Worship centres. Places of worship are now included, imposing a compliance burden on religious organisations that own large churches, temples, mosques, or halls. The “primary purpose” test ensures that a community hall used primarily for worship is covered, but a church building used mostly for other purposes might not be.

Duty to install AEDs. The principal Act imposes the primary installation duty; the regulations define the maximum number (reg 10). For buildings and facilities with publicly accessible floor area of 12,000 m² or more, the owner must install at least one AED (implied by the Act) up to the cap. The cap varies from 10 to 30 depending on band. The duty is to install the number required by the Act, but the cap prevents a regulator from demanding more than those numbers. The regulations do not specify a minimum for each band below 12,000 m², so smaller buildings likely have no duty.

Duty to place AEDs accessibly. Regulation 13(1)(a) requires that an AED installed in a building be “accessible to the public”. This is defined as a person being able to request access. The owner must ensure that a member of the public can in practice request and receive access (e.g., by approaching reception). The regulation does not require 24/7 access, but the AED must be available during times the public is present. Regulation 13(1)(b) imposes a second duty: the AED must not be in a cabinet, container, or other structure that requires a key or access code to open. This directly targets locked cabinets that delay emergency response. Both duties must be satisfied simultaneously: accessible to the public and not locked with key/code. Note that “accessible to the public” does not apply to aged care facilities.

Duty to install as defined. Regulation 14 defines installation as placement in a permanent location (same location at all times except when in use). This means an owner cannot simply purchase an AED and keep it in a storeroom or carry it around; it must be affixed or placed consistently in one spot. Use includes use for cardiac arrest treatment or transport for that purpose. Owners may move the AED to an alternative permanent location at their discretion.

Rights and exemptions. Owners of hospitals that satisfy regulation 9(1) (on-site medical practitioner, nurse or paramedic during opening hours, and defibrillator available) have a right not to comply with the Act. This is a full exemption. Owners of aged care facilities have a right to not make AEDs publicly accessible (reg 13(3)). Owners of firefighting aircraft and freight trains are exempt from the Act entirely under regulation 12. School owners are exempt from the “relevant designated building” definition.

Right to determine maximum. The owner can rely on the caps in regulation 10 as a safe harbour: installing up to that number satisfies the installation duty. Installing more than the cap is not prohibited, but the regulator cannot compel it.

Owners of vehicles. Owners of trains, trams, and public buses are the relevant authorities; they must install AEDs on those vehicles as required by the Act. The regulations do not prescribe thresholds for vehicles, so owners must look to the principal Act to determine if their vehicle fleet meets requirements.

No duty to provide training or signage. The regulations are silent on user training, maintenance, replacement of consumables, or signage pointing to AED locations. Those matters may be dealt with in the principal Act or other regulations.

No duty to register or notify. The regulations do not require owners to register AED locations with any authority, nor to notify the government of compliance. The burden is on owners to self-assess compliance.

Source for penalties. The regulations themselves do not create penalty provisions. Penalties would arise under the principal Act, specifically section 17 or other provisions for failure to comply with installation, accessibility, or other duties. The regulations merely define what constitutes compliance. For example, if an owner installs an AED in a locked cabinet, they have not satisfied regulation 13(1)(b), and thus would be in breach of the Act’s requirement that AEDs be installed “in accordance with the regulations”.

Enforcement authorities. The regulations do not name an enforcement body. Likely candidates are SA Health, local councils, or the office of the Chief Psychiatrist? However, without explicit designation, enforcement could fall to police or regulatory officers under the Act. This creates uncertainty for duty holders about who will inspect and enforce.

Civil versus criminal. The Act likely creates criminal penalties for non-compliance, but the regulations do not specify. Legal practitioners should check the principal Act for maximum fines. The regulations may affect the severity: a breach of regulation 13 (accessibility) could be a strict liability offence if the Act so provides.

No graduated enforcement mechanisms. The regulations contain no compliance notes, improvement notices, or infringement notice schemes. This is a missing piece; enforcement officials have limited tools short of prosecution.

Potential liability for cardiac arrest outcomes. While the regulations focus on installation and accessibility, a failure to have an AED available may expose owners to tort liability (negligence) if a person suffers cardiac arrest on premises and an AED could have helped. The regulations do not provide a statutory defence; compliance with the regulations does not immunise owners from common law claims. The cap on maximum units could be used by plaintiffs as an argument that the owner should have installed up to the cap, not less.

Record keeping. No record keeping duties are imposed by the regulations. This is a weakness: an owner may need to prove compliance (e.g., that floor area was correctly calculated, that AED was placed appropriately) but has no statutory obligation to keep records. In the event of a prosecution, the owner would need to reconstruct compliance ex post.

Interaction with other enforcement regimes. Work health and safety laws also impose duties to provide first aid equipment, including defibrillators in some circumstances. Breach of these regulations could be used as evidence of a breach of WHS duties.

Work Health and Safety Act 2012 (SA). The duty to provide adequate first aid facilities under that Act may independently require AEDs in large workplaces, especially where there is risk of cardiac arrest. These regulations do not displace that duty. Compliance with the regulations will likely satisfy WHS obligations in many cases, but WHS inspectors could still require more than the cap if the risk assessment justifies it.

Commonwealth Aged Care Act 1997. The regulations expressly reference this Act to define “residential care”. Aged care facilities that meet the Commonwealth definition are not treated as medical facilities for the purpose of the exemption. This means an aged care home cannot claim the hospital exemption even if it has nursing staff. However, aged care facilities also receive a concession: they do not need to make AEDs accessible to the public. This creates an awkward situation: the AED must be installed but need not be accessible to the public , so who can use it? It may be for staff only.

Building Codes of Australia (National Construction Code). The Building Code may contain provisions for AEDs in new buildings, particularly in fire and life safety. These regulations operate in addition to any code requirements. Owners must comply with both. The regulations’ definition of “floor area” may differ from that used in the Building Code, causing duplicative calculations.

Disability Discrimination Act 1992 (Cth). Regulation 13 requires AEDs to be accessible to the public. This could impose a duty to ensure AEDs are mounted at appropriate heights for wheelchair users or people with disabilities. The regulations do not specify; but general accessibility law may apply.

Emergency services legislation. The regulations do not require notification to ambulance services about AED locations. This could impede emergency dispatch knowing where AEDs are available. Some jurisdictions have voluntary registries; South Australia may have its own. The regulations do not mandate registration.

Local council by-laws. Some councils may impose local planning conditions requiring AEDs. The regulations do not override those.

Contract law and leasing. Leases of commercial premises may impose obligations on tenants to install AEDs; these regulations could be incorporated into lease compliance obligations. Landlords may also have duties under the regulations if they retain ownership of common areas.

Personal Property Securities Act. AEDs are goods. If financed or leased, ownership may be with a financier. The regulations place duties on the “owner” of the building or facility, not necessarily the legal owner of the AED. If a tenant purchases an AED, the tenant would be the owner of the AED but not the building owner; the building owner remains responsible for installation under the regulations. This could be a gap.

Principal Act (Automated External Defibrillators (Public Access) Act 2022). The regulations are subordinate legislation under that Act. The Act sets the framework: definitions, core duties, exemptions, and enforcement powers. The regulations fill gaps. The Act may also define “publicly accessible floor area” broadly; the regulations add calculation methods. Inconsistencies: The Act’s section 7(1)(c) says the regulations may prescribe a maximum number; regulation 10 does so. The Act’s section 17(2)(ab) allows regulations about placement and accessibility; regulation 13 does so. The Act’s section 6A(1)(a) allows regulations to prescribe requirements for hospitals; regulation 9 does so.

South Australian Civil Liability Act 1936. The existence of AEDs required by regulation may reduce the likelihood of liability for failure to provide first aid. However, the regulations do not provide a shield. An owner could still be sued for negligence if the AED is not maintained, is inaccessible, or if staff are untrained.

Freedom of information laws. If compliance records are kept, they may be accessible under FOI if the owner is a government entity. Private owners are not subject to FOI.

The Automated External Defibrillators (Public Access) Regulations 2024 are the principal regulations. They were made on 12 December 2024 and published in the South Australian Government Gazette (No 127, p 4669). They commenced on 1 January 2025, the same day as section 3 of the principal Act came into operation (regulation 2). There have been no amendments to date. The legislative history notes only the principal instrument. Future amendments could adjust: the prescribed distance of 100 metres (regulation 6) could be shortened or lengthened; the floor area thresholds and maximum numbers (regulation 10) could be revised as costs of AEDs change; the list of exempt vehicles (regulation 12) could be expanded or contracted; the definition of place of worship could be amended to exclude certain types; the school exclusion could be narrowed. Any such amendments would be by further regulations under the Act, subject to parliamentary scrutiny if disallowable. The regulations currently reflect a compromise between public health goals and compliance costs, setting relatively high floor area thresholds (12,000 m² before any duty arises) and caps that limit the per-site burden. The small number of buildings in South Australia with floor areas exceeding 12,000 m² suggests the regulations imposed a modest compliance burden on a narrow class of owners.

No litigation has arisen under the regulations, which commenced only on 1 January 2025. However, several potential areas of dispute can be anticipated from the text.

Floor area calculation disputes. The method in regulation 7 defines “relevant area” for buildings to include internal floor space within exterior walls, plus external balconies and rooftop terraces. For facilities, it excludes outdoor swimming pools, gardens, pathways and driveways. Litigation could arise over what constitutes “external areas” of a building or facility, particularly if a rooftop terrace is partly open to sky. The regulation includes it, but an owner might argue it is not internally accessible to the public. The term “within the perimeter of the facility” for enclosed structures is ambiguous for partially enclosed structures.

Disputes over primary purpose. Regulation 8 defines “prescribed sporting facility” by its primary purpose. If a facility is used for both sport and other activities (e.g., a community hall used for bingo, concerts, and occasional badminton), the owner may argue the primary purpose is not sport. The regulator might argue it is. Similarly, for “place of worship” under regulation 4, a building used for childcare and community meetings might have worship as a secondary purpose. The regulation defines primary purpose as “the primary purpose… is to be a place for an organised group of people to gather to worship”. If the building is used more hours for other purposes, does that change its primary purpose? This will be fact-sensitive.

Accessibility claims. Regulation 13(2) defines “accessible to the public” as “a member of the public may request access to it”. In an emergency, a request requires someone to receive it. If a building is unstaffed after hours, is the AED accessible? The regulation does not limit access to business hours. A plaintiff might argue that “may request access” implies a reasonable opportunity to request, which is absent when no staff are present. Conversely, an owner might argue that a phone number on the cabinet allows request. The regulation is ambiguous and likely to be tested.

Vehicle installation disputes. Regulation 14(1)(b) defines installation in a vehicle as placement. For trains and trams, the owner must place the AED somewhere in the vehicle. But the principal Act may require it to be accessible to passengers. The regulations do not specify accessibility requirements for vehicles, only for buildings. This gap could lead to disputes about whether placing an AED in a locked driver’s cab complies.

Exemption eligibility for hospitals. Regulation 9(1) requires that “a medical practitioner, a registered nurse or a paramedic is on site at all times during the opening hours”. What if the on-site staff are not registered? What if the paramedic is on call from another location? The phrase “on site at all times” is strict. Small medical centres may not have continuous coverage, losing the exemption. Litigation could clarify whether “on site” means physically present in the building or merely available within the grounds.

Carpark exclusion. Regulation 4(2) excludes a “carpark (whether indoor or outdoor)” from the definition of public building or facility. If a building is essentially a multi-storey carpark with a small retail component, is the entire building a carpark? The exclusion might be interpreted narrowly to cover only standalone carparks, not mixed-use facilities.

Interaction with the principal Act’s enforcement provisions. If the regulations are found to be ultra vires (exceeding the scope of the Act), litigation could strike them down. For example, the Act may define “public building” to exclude places of worship; but regulation 4 adds them. If the Act’s definition was intended to be exhaustive, the regulation could be invalid. No such challenge has occurred.

100 metre radius may catch unintended buildings. Regulation 6 prescribes 100 metres as the distance for a “relevant facility”. A small shop within 100 metres of a large shopping centre could have its publicly accessible floor area aggregated with the larger building, making the small shop’s owner potentially liable to install more AEDs than the shop alone would require. The regulations do not provide a de minimis exception for small floor areas. A facility with only 50 m² could become relevant if aggregated with a 12,000 m² building.

“Accessible to the public” does not mean unfettered access. Regulation 13(2) allows an AED to be placed behind a reception desk, requiring a person to ask for it. In an emergency, seconds count. If staff are slow to respond or refuse access, the regulation is still satisfied (the person “may request access”). This creates a compliance loophole that undermines the purpose of rapid defibrillation. Owners could meet the letter but frustrate the spirit.

Aged care facilities lose hospital exemption but gain public accessibility exemption. A residential aged care home cannot claim the hospital exemption (reg 9(2)), so it must install AEDs if it meets thresholds. However, those AEDs need not be accessible to the public (reg 13(3)). The facility may choose to keep the AED in a locked office accessible only to staff, which may protect against theft but reduce emergency use by visitors. The interaction is odd: the regulations impose a duty to install but allow the AED to be inaccessible to the people who might need it most (visitors).

Maximum caps are not minimums. Regulation 10 provides maximum numbers. An owner who installs only one AED in a 100,000 m² building may argue they comply because the cap is not a minimum. The principal Act likely sets a floor (at least one), but the regulation caps at 20 for that band. The owner cannot be forced to install 20, but they also cannot be forced to install any number between 1 and 20. The regulators may have difficulty proving that a single AED is insufficient.

Installation definition excludes portable units. Regulation 14 defines installation as placement that remains in the same location except when in use. An AED that is carried in a backpack by security personnel is not “installed” under the regulations. This means an owner cannot rely on a mobile AED to satisfy the Act. They must have a fixed unit. If a mobile unit is the only one, the owner is non-compliant.

Floor area calculation includes external balconies and rooftops. Owners of buildings with large rooftop terraces or external balconies must include those areas in the floor area calculation, potentially pushing them into a higher threshold band. For example, a hotel with a pool deck on the roof may have a publicly accessible floor area that includes the deck even though an AED would seldom be on the roof.

No grandfathering for existing buildings. The regulations apply to existing buildings as well as new ones. Owners of existing buildings built before the regulations must retrofit AEDs if their floor area meets the threshold. The cost of installation in older structures (drilling into concrete walls, running power) may be significant.

Vehicle owners may be caught even on small vehicles. The regulations do not set a floor area threshold for vehicles; the principal Act may require AEDs on all prescribed vehicles regardless of size. A small minibus used on public routes could require installation, increasing costs for small operators. The exemptions are narrow: only firefighting aircraft and freight-only trains.

Hospitals need on-site staff at all times during opening hours. A hospital that closes its emergency department at night but remains open for other services may not have a medical practitioner on site. It would lose the exemption for that period. The regulations do not prorate the exemption; it all or nothing.

No standard for “defibrillator” for hospitals. Regulation 9(1)(b) requires a “defibrillator” be available. The regulation defines defibrillator broadly to include an AED. But does it require the defibrillator to be an AED? Manual defibrillators used by medical staff would satisfy the requirement. However, a hospital with only manual defibrillators may need to ensure they are accessible to staff.

No requirement to train staff. The regulations are silent on staff training. Owners may assume they have complied simply by installing AEDs, but if no one knows how to use them, the installation may be futile. This could expose owners to negligence claims despite regulatory compliance.

Regulation 11 excludes schools from “relevant designated building” but not from other categories. A school with a large public hall may be a “public building” under other paragraphs. School owners cannot assume they are exempt; they must analyse whether their school meets other definitions.

Step 1: Determine if your building or facility is covered. Identify whether it falls within the definition of “public building or facility” under the principal Act, as extended by regulation 4 (places of worship) and excluding carparks. Also check if it is a “prescribed sporting facility” under regulation 8. If the building is a hospital or other medical facility, check if regulation 9 applies (on-site medical personnel and defibrillator available). If so, the Act does not apply to you. Similarly, if the building is primarily a school, check if it is excluded from the relevant designated building definition but still caught by other definitions. If it is a carpark only, you are likely excluded.

Step 2: Calculate publicly accessible floor area. Use the method in regulation 7. For buildings: sum the internal floor space within exterior walls (including rooms, stairs, toilets, lifts, lift shafts, columns) plus external balconies and rooftop terraces. Exclude outdoor areas. For facilities: sum the relevant area of buildings within the facility, but exclude outdoor swimming pools, gardens, pathways, driveways. If the facility is a single enclosed structure (even if only partially enclosed), use the entire perimeter area. This calculation must distinguish total floor area (used to determine if the building meets the threshold under section 5 of the Act) from publicly accessible floor area (used for the maximum number cap). Only publicly accessible floor area triggers the cap. Ensure your calculations are documented in case of dispute.

Step 3: Check the 100 metre radius. If your building is within 100 metres of a public building or sporting facility, it may be a “relevant facility”. If so, its publicly accessible floor area is aggregated with the main building. Even a small building can become part of a much larger combined floor area. Obtain cadastral data or site plan to measure distances accurately. Document the measurement methodology.

Step 4: Determine the maximum number of AEDs required. Using regulation 10, match your publicly accessible floor area to the relevant band. Install at least one AED (required by the principal Act) and up to the cap. The cap is a safe harbour; you cannot be compelled to install more. However, consider your risk profile. Installing the maximum may not be required but could be prudent for liability reasons. Conversely, installing fewer may be sufficient if you can justify that one AED is adequate.

Step 5: Install AEDs in compliance with regulation 14. Place the AED in a permanent location that remains the same at all times, except when in use (for cardiac arrest treatment or transport for that purpose). Do not keep it in a storeroom or carry it. For buildings, it can be behind a reception desk but must be fixed. For vehicles, just placement in the vehicle suffices. You may move it to an alternative permanent location if you think it necessary.

Step 6: Ensure placement and accessibility as per regulation 13. The AED must be accessible to the public, meaning a person may request access to it. This does not require 24/7 open access, but ensure that during hours your building is open to the public, someone is available to provide the AED promptly. Do not lock the AED in a cabinet that requires a key or access code to open. This is a strict prohibition. If you use a cabinet, ensure it opens by simply lifting a lid or breaking a glass (without requiring a key or code). For residential aged care facilities, the public accessibility requirement does not apply, but the no-lock requirement still applies.

Step 7: Maintain and document. Although the regulations do not prescribe maintenance, you should regularly inspect the AED, check battery and pad expiry, and document these checks. Keep floor area calculations, installation records, and accessibility compliance evidence. If your building is a hospital claiming exemption under regulation 9, maintain records of on-site staffing and defibrillator availability.

Step 8: Consider additional voluntary measures. Register your AED with the South Australian ambulance service (if a registry exists). Install clear signage directing people to the AED. Provide staff training on how to use the AED and on the request-based access procedure. Review your public liability insurance to ensure coverage for AED use.

Step 9: Review vehicle compliance. If you own trains, trams, or public buses, identify which are prescribed vehicles under the principal Act. Install AEDs in each vehicle as required. Ensure they are accessible to passengers (the regulations do not specify, but the Act may). The exemption for freight-only trains and firefighting aircraft means you need not install on those classes.

Step 10: Monitor for amendments. The regulations are new. Watch for any amendments that may adjust thresholds, add or remove exemptions, or tighten accessibility requirements. Seek legal advice if your building is close to threshold values or if you are uncertain about primary purpose classifications.