This regulation sets detailed safety duties for building owners, occupiers, maintenance contractors and applicants: keep evacuation routes clear, prepare and display fire and evacuation plans and diagrams, run drills and training, maintain prescribed fire installations, and meet smoke‑alarm standards in domestic dwellings. It also prescribes fees for assessment and inspections and record‑keeping requirements. Applicants pay assessment/inspection fees (secs 57, 60, 62, 64A); occupiers must engage qualified maintainers, prepare occupier statements and retain records (secs 21, 54, 55A, 72). Non‑compliance attracts civil penalties.
This regulation sets out detailed, operational requirements for fire safety planning, evacuation, maintenance of prescribed fire safety installations, smoke alarm standards for domestic dwellings and fees for assessment and inspection of special fire services. The regulatory duties are addressed primarily to occupiers and owners of buildings, persons who carry out maintenance on prescribed fire safety installations, applicants for stated building work, and managing entities of multi-occupancy buildings.
Mechanically, the regulation does the following (selected, source-grounded points):
Defines evacuation terminology and prescribes how evacuation routes must be kept free from obstruction, including a specific 2 metre clear zone in front of final exits, and a prohibition on otherwise obstructing an evacuation route (see ss 5-9). Maximum penalties for these offences are generally 30 penalty units (for example s 7(1)).
Regulates locking of doors on evacuation routes, with a rule that doors are not to be locked if somebody is inside on the internal side, and specific mechanical means of compliant release are prescribed (see ss 10-12). Maximum penalties are set at 30 penalty units (s 11(1)-(2); s 12).
Requires evacuation isolation of air spaces, forbids installation or alteration of ventilation or air conditioning that could allow smoke or air to flow onto an evacuation route, and creates an occupier duty to prevent such acts (s 13).
Establishes occupancy duties and limits, requiring occupiers to ensure numbers present do not present an unreasonable risk, and to comply with numerical capacity rules in the Building Code of Australia or the Queensland Development Code where relevant (ss 14-16).
Prescribes comprehensive fire and evacuation planning requirements, including content of plans, evacuation diagrams, responsibilities in multi-occupancy buildings, review and change processes, access to plans, and the frequency of instruction and practice (ss 17-48). There are specific duties for managing entities and secondary occupiers (ss 22-23).
Current sections
Direct links to the current provisions in Building Fire Safety Regulation 2008.
141
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Building Fire Safety Regulation 2008 .
sec.2
Commencement
sec.2 Commencement
This regulation commences on 1 July 2008.
sec.3
Definitions
sec.3 Definitions
The dictionary in schedule 3 defines particular words used in this regulation.
sec.4
Main objects of regulation
sec.4 Main objects of regulation
The main objects of this regulation are—
to ensure persons can evacuate buildings safely and quickly if a fire or hazardous materials emergency happens; and
to ensure prescribed fire safety installations for buildings are maintained.
(a) to ensure persons can evacuate buildings safely and quickly if a fire or hazardous materials emergency happens; and
(b) to ensure prescribed fire safety installations for buildings are maintained.
sec.4A
Rounding of amounts expressed as numbers of fee units
sec.4A Rounding of amounts expressed as numbers of fee units
This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.
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.
s 4A ins 2022 SL No. 81 s 3
(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.
(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.
pt.2
Means of escape from buildings
Means of escape from buildings
pt.2-div.1
Interpretation
Interpretation
sec.5
Meaning of evacuation route
sec.5 Meaning of evacuation route
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.
An evacuation route includes the space above a path of travel.
(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.
(sec.5-ssec.2) An evacuation route includes the space above a path of travel.
(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
(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.
sec.6
Meaning of common area
sec.6 Meaning of common area
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
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.
(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
(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.
(a) used entirely or mainly as a residence; and
(b) occupied by a person who owns, or is a tenant of, the part of the building.
pt.2-div.2
Keeping evacuation routes free from obstruction—general
Keeping evacuation routes free from obstruction—general
sec.7
Person not to obstruct an evacuation route
sec.7 Person not to obstruct an evacuation route
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.
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.
s 7 amd 2009 SL No. 111 s 4
(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.
(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.
(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
(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
(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
(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
(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
(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.
sec.8
Occupier not to allow evacuation route to be obstructed
sec.8 Occupier not to allow evacuation route to be obstructed
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.
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.
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.
s 8 amd 2009 SL No. 111 s 5
(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.
(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.
(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.
(a) within 2m of a final exit outside the building; or
(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.
(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
(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.
sec.9
Occupier not to allow final exit of adjoining building to be obstructed
sec.9 Occupier not to allow final exit of adjoining building to be obstructed
This section applies to the occupier of premises that adjoin a final exit of a building (the adjoining building ).
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.
(sec.9-ssec.1) This section applies to the occupier of premises that adjoin a final exit of a building (the adjoining building ).
(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.
(a) within 2m of a final exit outside the adjoining building; or
(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.
• 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
pt.2-div.3
Keeping evacuation routes free from obstruction—locking doors
Keeping evacuation routes free from obstruction—locking doors
sec.10
Meaning of locking a door
sec.10 Meaning of locking a door
A reference to locking a door is a reference to locking the door in a closed position.
Locking a door includes fastening the door or otherwise interfering with its ability to be opened.
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.
(sec.10-ssec.1) A reference to locking a door is a reference to locking the door in a closed position.
(sec.10-ssec.2) Locking a door includes fastening the door or otherwise interfering with its ability to be opened.
(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.
(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
• 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
(b) in another way that complies with the Building Code of Australia.
• 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
sec.11
General obligations about locking doors
sec.11 General obligations about locking doors
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.
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.
This section does not apply if section 12 applies.
(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.
(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.
(sec.11-ssec.3) This section does not apply if section 12 applies.
sec.12
Locking doors—children in education and care service premises or QEC approved services or persons in custody
sec.12 Locking doors—children in education and care service premises or QEC approved services or persons in custody
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.
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.
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.
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 .
s 12 amd 2011 SL No. 278 s 5 ; 2013 SL No. 265 s 81 sch 5 pt 2
(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.
(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.
(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.
(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 .
(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
(b) a person (also an occupant ) is being held in lawful custody in a building.
(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
(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
(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.
pt.2-div.4
Keeping evacuation routes free from obstruction—air space
Keeping evacuation routes free from obstruction—air space
sec.13
Evacuation routes to be kept isolated
sec.13 Evacuation routes to be kept isolated
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.
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.
However, subsection (2) does not apply if the act is authorised or required for building work under a building development approval.
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.
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.
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.
(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.
(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.
(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.
(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.
(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.
(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.
• 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
(a) install or alter a mechanical ventilation or air conditioning system in the building in contravention of subsection (1) ; or
(b) do another act in contravention of subsection (2) .
(a) the person took reasonable precautions and exercised proper diligence to prevent the contravention; or
(b) the contravention was due to causes over which the person had no control.
pt.3
Occupancy limits for buildings
Occupancy limits for buildings
sec.14
Meaning of occupancy safety factors
sec.14 Meaning of occupancy safety factors
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.
In this section—
clear floor surface area see the Fire Services Act 1990 , schedule 2 .
s 14 amd 2024 Act No. 22 s 92 sch 1
(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.
(sec.14-ssec.2) In this section— clear floor surface area see the Fire Services Act 1990 , schedule 2 .
(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;
(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;
(b) how the building is used, including its classification under the Building Code of Australia;
(c) the number of persons who use, or are likely to use, the building at any given time;
(d) the mobility and other characteristics of the persons who use, or are likely to use, the building;
(e) any fire safety system for the building.
(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;
sec.15
General obligation about the number of persons in a building
sec.15 General obligation about the number of persons in a building
This section does not apply to the occupier of a building if an occupancy notice is in force for the building.
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.
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.
(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.
(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.
(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.
sec.16
Limits on the number of persons in a building
sec.16 Limits on the number of persons in a building
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.
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.
s 16 amd 2025 SL No. 53 s 4
(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.
(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.
(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
(b) for a building used for conducting a residential service—the Queensland Development Code, MP 5.7, items P3, A3, P4 and A4; or
(c) otherwise—the Building Code of Australia, part D2D18.
pt.4
Evacuation planning, instruction and practice
Evacuation planning, instruction and practice
pt.4-div.1
Preliminary
Preliminary
sec.17
Meaning of evacuation coordination procedures
sec.17 Meaning of evacuation coordination procedures
The evacuation coordination procedures for a building in the event of a fire or hazardous materials emergency are the procedures for—
alerting, and communicating with, persons in the building; and
procedures for using intercommunication devices, public address systems and messengers to alert and communicate with persons
alerting the service, including using manually operated fire alarms; and
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
checking whether all persons have been evacuated from the building; and
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
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
informing the fire officers of—
the number of persons evacuated; and
the number and identity of any persons not accounted for.
s 17 amd 2014 SL No. 296 s 3
(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
(b) alerting the service, including using manually operated fire alarms; and
(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
(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
• 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
(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
(f) informing the fire officers of— (i) the number of persons evacuated; and (ii) the number and identity of any persons not accounted for.
(i) the number of persons evacuated; and
(ii) the number and identity of any persons not accounted for.
• 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
(i) the number of persons evacuated; and
(ii) the number and identity of any persons not accounted for.
sec.18
Meaning of evacuation diagram
sec.18 Meaning of evacuation diagram
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.
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.
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.
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.
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
(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.
(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.
(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.
(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.
(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
(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.
(b) the route from the place mentioned in paragraph (a) to the nearest exit of the building;
(c) each exit of the building;
(d) any intercommunication devices in the common areas of the building;
(e) the manually operated fire alarms in the building;
(f) the firefighting equipment in the building;
(g) each designated assembly area for the building;
(h) the route from each exit shown on the diagram to a designated assembly area.
(a) the place that corresponds to the place in the part of the building where the diagram is displayed;
(b) each exit that is reasonably accessible from the part of the building;
(c) the route from the part of the building to each exit shown on the diagram;
(d) any intercommunication devices in the common areas that are reasonably accessible from the part of the building;
(e) the manually operated fire alarms that are reasonably accessible from the part of the building;
(f) the firefighting equipment that is reasonably accessible from the part of the building;
(g) a designated assembly area for the part of the building;
(h) the route from each exit shown on the diagram to a designated assembly area.
• whether the diagram is in a reasonable scale
• whether the diagram includes a legend clearly showing different parts of a building
sec.19
Meaning of person with special needs
sec.19 Meaning of person with special needs
For 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—
a characteristic of the person; or
The person has a disability.
The person is a child.
The person is affected by liquor.
a matter relating to the person’s presence in the building.
The person is in lawful custody in the building.
The person works in an area of a building in which access or egress is restricted, including, for example, a basement.
The person works in a hazardous area of a building, including, for example, an area in which there are hazardous materials.
(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.
1 The person has a disability.
2 The person is a child.
3 The person is affected by liquor.
(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.
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.
1 The person has a disability.
2 The person is a child.
3 The person is affected by liquor.
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.
sec.20
Application of divs 2 , 3 , 5 and 6
sec.20 Application of divs 2 , 3 , 5 and 6
Divisions 2 , 3 , 5 and 6 do not apply to—
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
the occupier of a building used for conducting a residential service.
See also section 79 about compliance with division 2 .
s 20 amd 2024 Act No. 22 s 92 sch 1
(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
(b) the occupier of a building used for conducting a residential service.
pt.4-div.2
Fire and evacuation plans
Fire and evacuation plans
sec.21
General requirements
sec.21 General requirements
This section is subject to sections 22 and 23 .
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.
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.
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.
s 21 amd 2014 SL No. 296 s 4
(sec.21-ssec.1) This section is subject to sections 22 and 23 .
(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.
(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.
(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.
(a) is kept in written form; and
(b) states the matters mentioned in subsection (3) ; and
(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.
(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.
(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.
(a) the name, if any, and address of the building;
(b) the name, address, telephone number and electronic contact details of the owner and occupier of the building;
(c) the evacuation coordination procedures for the building;
(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;
(e) the method of operation of firefighting equipment and manually operated fire alarms in the building;
(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
• 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
(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) .
(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;
(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;
(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.
(i) giving the fire and evacuation instructions under paragraph (f) ;
(ii) developing, changing and reviewing the plan.
• 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
(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;
(i) giving the fire and evacuation instructions under paragraph (f) ;
(ii) developing, changing and reviewing the plan.
sec.22
Requirements for managing entities
sec.22 Requirements for managing entities
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.
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.
(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.
(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.
sec.23
Requirements for secondary occupiers
sec.23 Requirements for secondary occupiers
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.
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.
s 23 amd 2014 SL No. 296 s 5
(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.
(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.
sec.24
Fire and evacuation plan to include and reflect fire safety management procedure
sec.24 Fire and evacuation plan to include and reflect fire safety management procedure
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)
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.
s 24 amd 2025 SL No. 53 s 5
(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)
(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.
• 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)
(a) a record of the fire safety management procedure is included in the building’s fire and evacuation plan; and
(b) the plan adequately reflects the procedure.
sec.25
Relevant approval documents to be obtained and kept with fire and evacuation plan
sec.25 Relevant approval documents to be obtained and kept with fire and evacuation plan
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.
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.
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.
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
(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.
(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.
(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.
(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
• 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
sec.26
Accessing a fire and evacuation plan
sec.26 Accessing a fire and evacuation plan
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.
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.
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.
s 26 amd 2014 SL No. 296 s 6
(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.
(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.
(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.
(a) ensure the fire and evacuation plan for the building is made available for inspection in the building during its normal business hours; and
(b) allow an interested person to inspect the fire and evacuation plan free of charge.
(a) inspect the fire and evacuation plan for the building at any reasonable time; and
(b) copy the plan.
(a) a person the occupier of the building considers has a sufficient interest in the plan; or
(b) a person who is authorised by law to inspect the plan.
sec.27
Changing a fire and evacuation plan
sec.27 Changing a fire and evacuation plan
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.
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.
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.
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.
s 27 amd 2014 SL No. 296 s 7
(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.
(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.
(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.
(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.
(a) the plan’s compliance with the requirements under section 21 , 22 , 23 or 24 ; or
(b) 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
(a) each secondary occupier in the building; and
(b) if the building is a high occupancy building—the fire safety adviser for the building.
(a) the managing entity of the building; and
(b) if the building is a high occupancy building—the fire safety adviser for the building.
sec.28
Reviewing a fire and evacuation plan
sec.28 Reviewing a fire and evacuation plan
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.
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.
(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.
(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.
(a) keep a written record of the review; and
(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.
pt.4-div.3
Evacuation signs and diagrams
Evacuation signs and diagrams
sec.29
References to an evacuation sign
sec.29 References to an evacuation sign
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.
A reference to an evacuation sign includes a reference to an evacuation sign on which an evacuation diagram is shown.
(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.
(sec.29-ssec.2) A reference to an evacuation sign includes a reference to an evacuation sign on which an evacuation diagram is shown.
sec.30
Evacuation signs and diagrams to be displayed
sec.30 Evacuation signs and diagrams to be displayed
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.
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.
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.
This section does not apply if the total floor area of the building is less than 300m 2 .
s 30 amd 2014 SL No. 296 s 8
(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.
(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.
(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.
(sec.30-ssec.4) This section does not apply if the total floor area of the building is less than 300m 2 .
(a) displayed in a conspicuous position; and
(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
(c) securely attached to a wall or the internal side of a door.
pt.4-div.4
Instructions for prescribed persons— Fire Services Act 1990 , section 146O
Instructions for prescribed persons— Fire Services Act 1990 , section 146O
sec.31
Prescribed time and period for prescribed persons
sec.31 Prescribed time and period for prescribed persons
At 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.
s 31 amd 2024 Act No. 22 s 92 sch 1
pt.4-div.5
Fire and evacuation instructions—buildings used for temporary events
Fire and evacuation instructions—buildings used for temporary events
sec.32
Fire and evacuation instructions
sec.32 Fire and evacuation instructions
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.
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.
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.
s 32 amd 2014 SL No. 296 s 9
(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.
(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.
(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.
(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
(b) the event is to be conducted for no longer than 3 months.
pt.4-div.6
Fire and evacuation instructions—other buildings
Fire and evacuation instructions—other buildings
sec.33
Application of div 6
sec.33 Application of div 6
This division applies to buildings other than buildings to which section 32 applies.
sec.34
Appointment of fire safety advisers for high occupancy buildings
sec.34 Appointment of fire safety advisers for high occupancy buildings
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.
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.
Subsection (4) applies if an entity (also the occupier ) starts to occupy a high occupancy building.
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.
A person’s appointment as a fire safety adviser ends if the person no longer holds a current building fire safety qualification.
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) .
(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.
(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.
(sec.34-ssec.3) Subsection (4) applies if an entity (also the occupier ) starts to occupy a high occupancy building.
(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.
(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.
(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) .
sec.35
General evacuation instructions
sec.35 General evacuation instructions
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.
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.
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.
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.
s 35 amd 2014 SL No. 296 s 10
(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.
(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.
(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.
(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.
(a) the location of a fire safety reference point for the building; or
(b) the procedures for evacuating the building safely in the event of a fire or hazardous materials emergency.
sec.36
General requirements
sec.36 General requirements
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.
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.
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.
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.
s 36 amd 2014 SL No. 296 s 11
(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.
(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.
(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.
(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.
sec.37
Additional requirement for high occupancy buildings
sec.37 Additional requirement for high occupancy buildings
This section applies to the occupier of a high occupancy building for giving first-response evacuation instructions for the building under section 36 .
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.
(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 .
(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.
(a) the instructions are given by a registered training organisation; or
(b) the fire safety adviser for the building gives the instructions or arranges for the instructions to be given.
sec.38
General requirements
sec.38 General requirements
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.
Subsection (1) is subject to subsections (3) and (4) and sections 39 and 40 .
Subsection (4) applies if there is a material change to an evacuation coordination procedure.
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.
s 38 amd 2014 SL No. 296 s 12
(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.
(sec.38-ssec.2) Subsection (1) is subject to subsections (3) and (4) and sections 39 and 40 .
(sec.38-ssec.3) Subsection (4) applies if there is a material change to an evacuation coordination procedure.
(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.
sec.39
Requirements for instructing new persons
sec.39 Requirements for instructing new persons
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.
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.
s 39 amd 2014 SL No. 296 s 13
(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.
(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.
sec.40
Requirements for new occupiers
sec.40 Requirements for new occupiers
This section applies if an entity starts to occupy a building.
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.
s 40 amd 2014 SL No. 296 s 14
(sec.40-ssec.1) This section applies if an entity starts to occupy a building.
(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.
sec.41
Additional requirements for high occupancy buildings
sec.41 Additional requirements for high occupancy buildings
This section applies to the occupier of a high occupancy building for giving evacuation coordination instructions for the building under this subdivision.
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.
(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.
(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.
(a) is familiar with the evacuation coordination procedures for the building; and
(b) gives the evacuation coordination instructions or arranges for the instructions to be given.
This section applies to the occupier of a budget accommodation building.
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.
(sec.43-ssec.1) This section applies to the occupier of a budget accommodation building.
(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.
sec.44
Evacuation practice—other buildings
sec.44 Evacuation practice—other buildings
This section applies to the occupier of a building other than a budget accommodation building.
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.
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.
(sec.44-ssec.1) This section applies to the occupier of a building other than a budget accommodation building.
(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.
(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.
(a) by an appropriate number of persons; and
(b) in an appropriate way; and
(c) at intervals of not more than 1 year.
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.
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.
pt.4-div.8
Records
Records
sec.45
Fire and evacuation instruction record
sec.45 Fire and evacuation instruction record
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.
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.
(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.
(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.
(a) the name of each person who was given the instructions;
(b) the name of the person who gave the instructions;
(c) the date the instructions were given;
(d) a brief description of the instructions given.
sec.46
Evacuation practice record
sec.46 Evacuation practice record
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.
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.
(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.
(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.
(a) the date of the evacuation;
(b) the times when the evacuation started and ended;
(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.
pt.4-div.9
Obligation of owners of accommodation units
Obligation of owners of accommodation units
sec.47
Meaning of accommodation unit
sec.47 Meaning of accommodation unit
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
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.
(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
(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.
• an apartment used by holidaymakers
• a serviced apartment
• a room in a guesthouse, hotel or motel used for accommodating guests
sec.48
Signs to be displayed in accommodation units
sec.48 Signs to be displayed in accommodation units
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.
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.
s 48 amd 2014 SL No. 296 s 16
(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.
(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.
(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
(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
(b) states the procedures for safely evacuating the building in the event of a fire or hazardous materials emergency.
(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
(a) displayed in a conspicuous place in the accommodation unit; and
(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
(c) securely attached to a wall or the internal side of a door in the unit.
pt.5
Prescribed fire safety installations
Prescribed fire safety installations
pt.5-div.1
Definition for pt 5
Definition for pt 5
sec.49
Meaning of critical defect
sec.49 Meaning of critical defect
A defect in a prescribed fire safety installation for a building is a critical defect if—
the defect is likely to render the installation inoperable; and
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.
a defect making a fire detection and alarm system inoperable
a defect in a pump making the fire hydrants for a building inoperable
a defect that makes inoperable only 1 of several standard fire extinguishers in a part of a building
(a) the defect is likely to render the installation inoperable; and
(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.
• a defect making a fire detection and alarm system inoperable
• a defect in a pump making the fire hydrants for a building inoperable
pt.5-div.2
Obligations of persons maintaining prescribed fire safety installations
Obligations of persons maintaining prescribed fire safety installations
sec.50
Maintenance of prescribed fire safety installations—QDC, part MP6.1
sec.50 Maintenance of prescribed fire safety installations—QDC, part MP6.1
This section applies to a person carrying out maintenance of a prescribed fire safety installation.
The person must carry out the maintenance of the installation in compliance with QDC, part MP6.1.
Maximum penalty—30 penalty units.
s 50 sub 2008 SL No. 413 s 4
(sec.50-ssec.1) This section applies to a person carrying out maintenance of a prescribed fire safety installation.
(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.
sec.51
Section sec.51
s 51 om 2008 SL No. 413 s 4
sec.52
Section sec.52
s 52 om 2008 SL No. 413 s 4
sec.53
Notifying critical defects
sec.53 Notifying critical defects
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.
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.
s 53 amd 2008 SL No. 413 s 5
(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.
(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.
pt.5-div.3
Obligations of occupiers
Obligations of occupiers
sec.54
Maintenance of prescribed fire safety installations
sec.54 Maintenance of prescribed fire safety installations
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.
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.
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.
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.
s 54 amd 2008 SL No. 413 s 6
(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.
(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.
(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.
(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.
• 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.
sec.55
Keeping record of maintenance
sec.55 Keeping record of maintenance
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.
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.
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.
s 55 amd 2008 SL No. 413 s 7
(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.
(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.
(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.
(a) a description of the prescribed fire safety installation on which the maintenance was carried out;
(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;
(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;
(d) the date the maintenance was carried out (the maintenance date );
(e) a brief description of the maintenance carried out;
(f) that the maintenance was carried out in compliance with QDC, part MP6.1;
(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.
(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.
(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.
(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
(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.
sec.55A
Occupier statements
sec.55A Occupier statements
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.
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.
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.
s 55A ins 2008 SL No. 413 s 8
(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.
(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.
(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.
sec.55B
Record-keeping requirements for occupiers of particular buildings
sec.55B Record-keeping requirements for occupiers of particular buildings
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 .
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.
s 55B ins 2008 SL No. 413 s 8
amd 2024 Act No. 22 s 92 sch 1
(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 .
(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.
(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 ;
(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 .
(a) the record of maintenance for the building; and
(b) the occupier statements prepared under section 55A for the building.
pt.5A
Smoke alarms for domestic dwellings
Smoke alarms for domestic dwellings
sec.55C
Required places for installation of smoke alarms— Act , s 147Z
sec.55C Required places for installation of smoke alarms— Act , s 147Z
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 .
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.
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.
s 55C ins 2016 SL No. 221 s 4
amd 2025 SL No. 53 s 6
(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 .
(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.
(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.
(a) each bedroom; and
(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
(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
(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.
(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
(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
(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
(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
(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.
(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.
(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
(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.
sec.55D
Ways of powering smoke alarms— Act , s 147Z
sec.55D Ways of powering smoke alarms— Act , s 147Z
For section 147Z (5) (a) of the Act , the ways prescribed for powering a smoke alarm are—
hardwiring the smoke alarm to the domestic dwelling’s electricity supply; or
a battery that is—
built into the smoke alarm in a way that prevents the battery being removed; and
manufactured to power the smoke alarm for at least 10 years without being recharged.
s 55D ins 2016 SL No. 221 s 4
amd 2025 SL No. 53 s 7
(a) hardwiring the smoke alarm to the domestic dwelling’s electricity supply; or
(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.
(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.
(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.
sec.55E
Other requirements for smoke alarms— Act , s 147Z
sec.55E Other requirements for smoke alarms— Act , s 147Z
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.
In this section—
AS 3786–2014 means AS 3786–2014 (Australian standard for smoke alarms using scattered light, transmitted light or ionization).
s 55E ins 2016 SL No. 221 s 4
amd 2025 SL No. 53 s 8
(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.
(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).
(a) comply with AS 3786–2014; and
(b) contain a photoelectric sensor; and
(c) not also contain an ionisation sensor.
pt.6
Fees for assessment and inspection of required special fire services
Fees for assessment and inspection of required special fire services
pt.6-div.1
Preliminary
Preliminary
sec.56
Meaning of special fire service fee
sec.56 Meaning of special fire service fee
The 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—
SFSF = BF x SFS%
where—
SFSF means the special fire service fee for the required special fire service.
BF means the base fee for the stated building work.
SFS% means the percentage for the required special fire service stated in schedule 2 , part 2 , column 2, opposite the required special fire service.
sec.57
Payment of fees and costs for assessment services
sec.57 Payment of fees and costs for assessment services
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.
A deposit under subsection (1) must be no more than 50% of the fee or costs estimated by the service.
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.
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.
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.
This section does not apply to an applicant for stated building work to whom division 3A applies.
s 57 amd 2019 SL No. 211 s 3
(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.
(sec.57-ssec.2) A deposit under subsection (1) must be no more than 50% of the fee or costs estimated by the service.
(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.
(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.
(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.
(sec.57-ssec.6) This section does not apply to an applicant for stated building work to whom division 3A applies.
(a) a fee for a service (an assessment service ) to be provided under this part; or
(b) costs relating to an assessment service to be incurred under this part.
pt.6-div.2
Assessment and inspection of required special fire services—no fire engineering brief
Assessment and inspection of required special fire services—no fire engineering brief
sec.58
Application of division
sec.58 Application of division
This division applies to an applicant for stated building work other than an applicant to whom division 3 or 3A applies.
s 58 amd 2019 SL No. 211 s 4
sec.59
Base fee for stated building work involving fitting out
sec.59 Base fee for stated building work involving fitting out
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.
An applicant for the stated building work must pay the service the base fee for the stated building work.
(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.
(sec.59-ssec.2) An applicant for the stated building work must pay the service the base fee for the stated building work.
(a) stated building work involves the fitting out of a building that has a special fire service installed; and
(b) the fitting out does not require the replacement or alteration of a special fire service; and
(c) the building does not require a BCA classification change.
sec.60
Fees for assessing and inspecting required special fire services for other stated building work
sec.60 Fees for assessing and inspecting required special fire services for other stated building work
This section applies to an applicant for stated building work other than stated building work mentioned in section 59 .
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.
(sec.60-ssec.1) This section applies to an applicant for stated building work other than stated building work mentioned in section 59 .
(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.
(a) the base fee for the stated building work;
(b) the special fire service fee for each required special fire service for the stated building work.
pt.6-div.3
Assessment and inspection of required special fire services—fire engineering brief
Assessment and inspection of required special fire services—fire engineering brief
sec.61
Application of division
sec.61 Application of division
This division applies to an applicant for stated building work if—
the applicant asks the service to assess a fire engineering brief for the stated building work; and
division 3A does not apply to the applicant.
s 61 sub 2019 SL No. 211 s 5
(a) the applicant asks the service to assess a fire engineering brief for the stated building work; and
(b) division 3A does not apply to the applicant.
sec.62
Fees for assessing and inspecting required special fire services
sec.62 Fees for assessing and inspecting required special fire services
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.
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.
(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.
(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.
(a) the assessment and inspection fee for the stated building work under subsection (2) ;
(b) the research fee stated in schedule 2 , part 3 , for evaluation of the number of subsystems relevant to the stated building work;
(c) the fire engineering brief consultation fee stated in schedule 2 , part 3 ;
(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.
sec.63
Minor performance meeting fee
sec.63 Minor performance meeting fee
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.
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 .
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.
(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.
(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 .
(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.
(a) stated building work is under construction; and
(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.
(a) the research fee for evaluation of 1 subsystem stated in schedule 2 , part 3 ; and
(b) the minor performance meeting fee stated in schedule 2 , part 3 .
sec.64
Costs for attending fire engineering brief meetings—travel and accommodation
sec.64 Costs for attending fire engineering brief meetings—travel and accommodation
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.
The applicant must pay the service the reasonable travelling and accommodation costs of the representative attending the meeting.
(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.
(sec.64-ssec.2) The applicant must pay the service the reasonable travelling and accommodation costs of the representative attending the meeting.
(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
(b) the representative is required to travel more than 200km to attend the fire engineering brief meeting.
pt.6-div.3A
Assessment and inspection of required special fire services—combustible cladding rectification work
Assessment and inspection of required special fire services—combustible cladding rectification work
sec.64A
Fee for assessing or inspecting required special fire services
sec.64A Fee for assessing or inspecting required special fire services
This section applies to an applicant for stated building work that is combustible cladding rectification work only.
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.
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.
The applicant must pay the fee within 14 days after the service gives the applicant a notice stating the amount payable.
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.
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 .
s 64A ins 2019 SL No. 211 s 6
amd 2020 SL No. 124 s 4 ; 2021 SL No. 80 s 4 ; 2021 SL No. 126 s 105 ; 2022 SL No. 81 s 4
(sec.64A-ssec.1) This section applies to an applicant for stated building work that is combustible cladding rectification work only.
(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.
(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.
(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.
(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.
(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 .
(a) for each full hour the service spends assessing or inspecting the required special fire service—250.50 fee units; and
(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.
(a) researching the required special fire service to evaluate the service; and
(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
(c) attending a fire engineering brief meeting in relation to the required special fire service; and
(d) assessing plans for the required special fire service.
pt.6-div.4
Other fees for assessment and inspection of required special fire services
Other fees for assessment and inspection of required special fire services
sec.65
Reassessment fee for amended plans
sec.65 Reassessment fee for amended plans
This section applies if an applicant for stated building work asks the service to assess amended plans for the stated building work.
The applicant must pay the service the reassessment fee stated in schedule 2 , part 4 , for assessing the amended plans.
(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.
(sec.65-ssec.2) The applicant must pay the service the reassessment fee stated in schedule 2 , part 4 , for assessing the amended plans.
sec.66
Fee for interim inspection of required special fire service
sec.66 Fee for interim inspection of required special fire service
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.
The applicant must pay the service the general inspection fee stated in schedule 2 , part 4 , for carrying out the interim inspection.
(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.
(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.
sec.67
Fee for inspection of required special fire service for temporary building
sec.67 Fee for inspection of required special fire service for temporary building
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 .
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.
(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 .
(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.
sec.68
Fee for additional inspection of required special fire service
sec.68 Fee for additional inspection of required special fire service
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.
The applicant must pay the service the reinspection fee stated in schedule 2 , part 4 , for carrying out the additional inspection.
(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.
(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.
(a) the service has carried out an inspection, other than an interim inspection, of a required special fire service for stated building work; and
(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.
sec.69
Fee for inspection of special fire service for approving BCA classification change
sec.69 Fee for inspection of special fire service for approving BCA classification change
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 .
The owner of the building must pay the service the general inspection fee stated in schedule 2 , part 4 , for carrying out the inspection.
(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 .
(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.
pt.7
Miscellaneous
Miscellaneous
pt.7-div.1
Documents
Documents
More sections below
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This regulation may be cited as the Building Fire Safety Regulation 2008 .
sec.2 Commencement
sec.2 Commencement
This regulation commences on 1 July 2008.
sec.3 Definitions
sec.3 Definitions
The dictionary in schedule 3 defines particular words used in this regulation.
sec.4 Main objects of regulation
sec.4 Main objects of regulation
The main objects of this regulation are—
to ensure persons can evacuate buildings safely and quickly if a fire or hazardous materials emergency happens; and
to ensure prescribed fire safety installations for buildings are maintained.
(a) to ensure persons can evacuate buildings safely and quickly if a fire or hazardous materials emergency happens; and
(b) to ensure prescribed fire safety installations for buildings are maintained.
sec.4A Rounding of amounts expressed as numbers of fee units
sec.4A Rounding of amounts expressed as numbers of fee units
This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.
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.
s 4A ins 2022 SL No. 81 s 3
(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.
(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.
pt.2 Means of escape from buildings
Means of escape from buildings
pt.2-div.1 Interpretation
Interpretation
sec.5 Meaning of evacuation route
sec.5 Meaning of evacuation route
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.
An evacuation route includes the space above a path of travel.
(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.
(sec.5-ssec.2) An evacuation route includes the space above a path of travel.
Sets out maintenance, inspection, record-keeping and notification duties for prescribed fire safety installations, cross-refers to QDC part MP6.1 for maintenance standards and intervals, requires occupier statements and retention of records, and requires critical defect notices to occupiers within 24 hours (ss 49-55A).
Prescribes smoke alarm installation locations, powering options and technical requirements for domestic dwellings, including compliance with AS 3786-2014, photoelectric sensors, and prohibition of ionisation sensors, and the acceptable powering options (ss 55C-55E).
Establishes a detailed fee framework for assessment and inspection of required special fire services, including base fee, special fire service fee calculated by a formula, deposits up to 50%, specific charging rules for fire engineering briefs and combustible cladding rectification work, and recovery of unpaid fees as a debt (ss 56-69, 74-75; s 64A for combustible cladding).
Provides document and record rules, retention and transfer obligations for prescribed documents, and offences for providing false or misleading documents to an authorised fire officer (ss 70-72).
Repeals earlier regulations and supplies transitional provisions addressing legacy plans, records, and unfinished fee processes (ss 76-91, Pt 9).
The stated objects of the regulation, as expressed in s 4, are to ensure safe, quick evacuation of buildings in fire or hazardous materials emergencies and to ensure maintenance of prescribed fire safety installations. Those policy objectives are articulated in the text and then translated into mandatory duties, specific technical prescriptions, record-keeping and fees. The regulation relies on cross-references to the Building Code of Australia, the Queensland Development Code (QDC), the Building Act, the Fire Services Act 1990, and other Queensland laws, making practical compliance contingent on consulting those instruments where the regulation defers to them (for example QDC MP6.1 for maintenance, s 54).
The regulation uses penalty units as the primary sanctioning mechanism and fee units to express service charges; it contains a rounding rule for fee-unit expressed amounts (s 4A). It also provides specific defences in limited contexts, for example reasonable precautions in relation to contraventions under s 13(5).
Main concepts
The regulation builds around a compact set of core legal concepts that determine duties and compliance mechanisms. These concepts are defined or used consistently across the text, and understanding them is necessary to map obligations to real-world compliance tasks.
Evacuation route and common area, ss 5-6
Evacuation route is defined as the path of travel from inside the building, or from a common area, through a final exit to a place of safety outside the building; the definition explicitly includes the space above the path (s 5). The division changes the starting point depending on context, for example division 4 uses path of travel from “any place in the building” (s 5).
Common area is a part of the building designed as thoroughfare, such as corridors, stairs and ramps, but excludes parts used mainly as residences and occupied by the owner or tenant of the part (s 6).
Obstruction and clearance, ss 7-9
A person must not place objects within 2 metres of a final exit outside a building, or at other places on an evacuation route if the placement would be likely to unduly restrict, hinder or delay an affected person in an emergency (s 7(1)(a)); occupiers must not allow such obstructions and must take reasonable steps to prevent them (s 8). Adjoining occupiers have a mirrored duty where their premises adjoin another building’s final exit (s 9).
When assessing whether an object would unduly restrict passage, the regulation requires regard to the number, mobility and other characteristics of likely users, and whether the object could be displaced (s 7(2); s 8(2)).
Locking and means of egress, ss 10-12
“Locking a door” is expressly defined to include any fastening that interferes with opening; however, a door on an evacuation route is not locked for the purposes of the regulation if it can be opened from the internal side using one device operated by a single downward or pushing action, or in another way compliant with the Building Code of Australia (s 10). Examples include handles, levers and panic bars.
Persons and occupiers must not lock doors when someone is inside on the internal side; a specialised provision governs children in education and care services and persons in custody, forbidding locking that would unduly restrict a custodian in opening the door (s 12). Maximum penalties are stated (s 11(1)-(2), s 12).
Occupancy safety factors and occupancy limits, ss 14-16
“Occupancy safety factors” catalogue characteristics relevant to deciding safe occupant numbers, such as exits, clear floor area, flammability of fixtures, presence of prescribed fire safety installations, BCA classification and the mobility of occupants (s 14).
Occupiers must ensure numbers do not present an unreasonable risk (s 15), and must ensure numbers comply with numerical maxima in the Queensland Development Code or the Building Code of Australia as applicable (s 16).
Fire and evacuation planning, ss 17-28
The regulation prescribes evacuation coordination procedures (s 17) and evacuation diagrams (s 18), and requires a written fire and evacuation plan that includes specific contents such as contact details, evacuation coordination procedures, diagrams and, for high occupancy buildings, fire safety adviser details (s 21).
Managing entities and secondary occupiers in multi-occupancy buildings must ensure plans align and are complementary (ss 22-23).
Plans must be kept available for inspection, reviewed annually, changed within specified time frames after material changes, and copies of relevant approval documents must be obtained and kept with the plan (ss 25-28).
Prescribed fire safety installations and maintenance, ss 49-55A
A “critical defect” is defined to capture defects likely to render an installation inoperable and reasonably likely to have a significant adverse impact on occupant safety (s 49).
Maintenance must be carried out in compliance with QDC part MP6.1, by appropriately qualified persons; occupiers must ensure inspections and tests are done at QDC-specified intervals, keep records of maintenance, prepare occupier statements at QDC intervals, and provide occupier statements to the commissioner (ss 50, 54-55A). Critical defect notices must be given to occupiers within 24 hours by persons doing maintenance (s 53).
Smoke alarms for domestic dwellings, ss 55C-55E
The regulation prescribes required locations within domestic dwellings for smoke alarms (s 55C), acceptable powering methods (hardwired or a non-removable battery manufactured to supply at least 10 years’ power, s 55D), and technical requirements including compliance with AS 3786-2014, photoelectric sensors and prohibition on ionisation sensors (s 55E).
Fees and fee mechanics, ss 56-69, 74-75, s 4A
Fees for assessment and inspection of required special fire services are set by formulae, including SFSF = BF x SFS% (s 56) and assessment and inspection fee AIF = (BF + TSFSF) x 2 where defined (s 62(2)). The regulation allows deposits of up to 50% (s 57) and provides that unpaid amounts may be recovered as a debt (s 57(5)).
Special rules apply for combustible cladding rectification work, where the service charges fee-unit amounts per hour and per 15-minute period (s 64A). Rounding rules for fee-unit expressed amounts are provided in s 4A.
Document, record and retention concepts, ss 70-72
False or misleading documents provided to an authorised fire officer are an offence (s 70), prescribed documents must be kept in the building and in a secure place elsewhere (s 71), and occupiers must retain prescribed documents for at least two years and transfer them to incoming occupiers within one month of vacating (s 72).
The Main concepts function as both definitions and operational standards; many duties require cross-reference to other instruments such as the Building Code of Australia and QDC MP6.1, which set technical and interval standards that the regulation does not itself restate (see s 54 referring to QDC MP6.1).
Who it affects
The regulation casts duties across several identifiable groups of actors. The text makes clear who pays fees, who must act, and who is subject to inspection and enforcement.
Occupiers and owners of buildings
Primary regulatory burdens fall on occupiers and owners. Occupiers must prepare, keep and make available fire and evacuation plans, ensure evacuation routes are not obstructed (ss 7-9, 21, 26), ensure suitable evacuation instruction and practice (ss 32-44), appoint fire safety advisers where required (s 34), and ensure maintenance of prescribed fire safety installations by appropriately qualified persons (s 54). Owners of particular classes of buildings, for example budget accommodation buildings and buildings used for residential services, have specific record-keeping and plan obligations (ss 20, 55B, 71).
Managing entities and secondary occupiers in multi-occupancy buildings
Managing entities must ensure the building’s fire and evacuation plan takes into account the evacuation coordination procedures in secondary occupiers’ plans (s 22); secondary occupiers’ plans must complement the managing entity’s plan (s 23). The managing entity has duties to notify secondary occupiers of plan changes (s 27).
Persons carrying out maintenance and appropriately qualified persons
Persons who carry out maintenance of prescribed fire safety installations must comply with QDC part MP6.1 (s 50). If they become aware of a critical defect they must issue a critical defect notice to the occupier within 24 hours (s 53). Occupiers must ensure maintenance is performed by appropriately qualified persons; the text takes certain accreditation certificates to be evidence of appropriate qualification within defined transitional periods (s 85).
Applicants for stated building work and building certifiers
Applicants must pay fees, deposits and costs associated with assessment and inspection of required special fire services; the fee structures and formulas are laid out in part 6 (ss 56-69). The regulation treats applicants for combustible cladding rectification work differently and prescribes per-hour fee-unit charging for assessments (s 64A). Applicants may request the service to attend meetings and must pay meeting and travel costs if applicable (ss 63-64).
High occupancy buildings’ stakeholders
Occupiers of high occupancy buildings have additional duties: appoint a fire safety adviser who holds a current building fire safety qualification (s 34), ensure first-response instructions are given by a registered training organisation or the fire safety adviser (s 37), and ensure the fire safety adviser is familiar with evacuation coordination procedures and gives or arranges for evacuation coordination instructions (s 41). The regulation refers to “high occupancy building” but relies on other instruments for definitions and compliance context (see s 21(3)(g), s 34 and s 83 for transitional relief).
Specific industries and services
The regulation reaches specific contexts, for example centre based education and care services and QEC approved services, where door locking provisions for child occupancy are given special treatment and custodial access must be preserved (s 12). Budget accommodation buildings and residential services have separate treatment and some exemptions; the occupiers of such buildings are excluded from certain divisions (s 20) but subject to specific maintenance and plan obligations under other Acts (s 55B, s 71).
Authorised fire officers and the commissioner
Authorised fire officers are the recipients of prescribed documents and have inspection powers; false or misleading documents provided to them attract penalties (s 70). The occupier must give occupier statements to the commissioner within ten business days after preparation (s 55A(3)).
The regulation therefore contacts commercial building owners, strata/managing entities, hospitality and accommodation providers, hospital administrators, operators of education and care services, installers and maintenance contractors in fire protection, building certifiers, and applicants and practitioners involved with building work requiring special fire services. Fees and enforcement also affect applicants who request preliminary meetings, inspections or fire engineering brief assessments (part 6). The regulatory design makes occupiers the central point of compliance, but also imposes duties on contractors who carry out maintenance and on applicants for building work who must fund assessment activity.
Key duties and rights
This regulation allocates duties and prescribes accompanying rights and procedural elements. Below are the principal duties, the triggers that activate them, and the limited rights and defences available.
Duties to keep evacuation routes unobstructed
Persons must not place things within 2 metres of a final exit, nor place things on evacuation routes that would unduly restrict, hinder or delay an affected person in an emergency (s 7(1)(a)). Occupiers must not allow obstructions and must take reasonable steps to ensure other persons do not obstruct evacuation routes (s 8(1)-(3)). Occupiers of premises adjoining a final exit must not allow things to be placed within 2 metres of the adjoining building’s final exit (s 9).
Locking doors obligations
A person must not lock a door on an evacuation route if they know or reasonably ought to know that another person is within the building on the internal side of the door, and occupiers have a parallel duty to ensure such doors are not locked (s 11). Exceptions where locking does not contravene the regulation are provided, for example when a door can be opened by a single hand action device from the inside or otherwise complies with the BCA (s 10). Section 12 contains special rules for children in centre based education and care services and persons in custody; occupiers must ensure doors cannot be locked in a way that would unduly restrict a custodian.
Evacuation planning and training duties
The occupier must keep a written fire and evacuation plan that includes specified matters and diagrams (s 21). The plan must include evacuation coordination procedures, evacuation diagrams (s 18), instructions for evacuating in accordance with the procedures, methods for operation of firefighting equipment and alarms, and specified contact/person responsibility details (s 21(3)). The occupier must make plans available for inspection during normal business hours and provide free inspection to interested persons (s 26(1)). Reviews are required at intervals of not more than one year (s 28); changes to plans must be made no later than one month after a material change (s 27(1)).
Instruction and training
General evacuation instructions must be given to each person working in the building at intervals of not more than one year and to new persons no later than two days after they start work (s 35). First-response instructions must be given at intervals of not more than two years and to new persons within one month of starting (s 36). Evacuation coordination instructions must be given annually to responsible persons (s 38); special training and delivery requirements apply for high occupancy buildings (ss 37, 41).
Evacuation practice duties
Budget accommodation occupiers must carry out an evacuation annually (s 43); other occupiers must ensure an evacuation is carried out by an appropriate number of persons, in an appropriate way and at intervals of not more than one year (s 44).
Maintenance, inspection and records for prescribed fire safety installations
Occupiers must ensure maintenance is performed by appropriately qualified persons and that inspections and tests occur at QDC-specified intervals (s 54(1)-(2)). Where maintenance records show repairs or corrective action are required, occupiers must ensure repairs or corrective actions are completed within one month unless a reasonable excuse exists (s 54(4)). Occupiers must keep detailed records of maintenance including certification statements, results and details of repairs (s 55). Occupiers must prepare occupier statements at QDC intervals and give a copy to the commissioner within 10 business days (s 55A). Persons performing maintenance must give critical defect notices in approved form to occupiers within 24 hours if they become aware of a critical defect (s 53).
Smoke alarms duties for domestic dwellings
Smoke alarms must be installed in prescribed locations in the dwelling (each bedroom, hallways or paths between bedrooms and rest of dwelling, and likely travel paths where no bedrooms exist) and be sited according to proximity and clearance rules (s 55C). Acceptable powering is hardwiring or a non-removable, 10-year battery, and alarms must comply with AS 3786-2014, contain a photoelectric sensor and not also contain an ionisation sensor (ss 55D-55E).
Fees and payments
Applicants for stated building work must pay base fees and special fire service fees for assessment and inspection (ss 56, 60). Deposits of up to 50% may be required (s 57). For combustible cladding rectification work only, the service charges per-hour fee-unit amounts and the applicant must pay within 14 days of notice, with non-payment recoverable as a debt (s 64A). The service may charge additional fees such as meeting fees, research fees and inspection fees as set out in schedule 2 references (ss 62-69, 74-75).
Rights, procedural safeguards and defences
The regulation creates limited rights of access to plans: interested persons and the fire safety adviser for high occupancy buildings have rights to inspect and in some cases copy plans (s 26). Where an occupier has been given a critical defect notice, that notice must be included in the maintenance record and occupier statement (s 55(3)). For contraventions under s 13 regarding air flow to evacuation routes, a defence exists if the person proves they took reasonable precautions and exercised proper diligence, or that the contravention was due to causes beyond their control (s 13(5)). Fee recovery is supported by debt recovery procedures when applicants do not pay after notice (s 57(5); s 64A(5)).
Sanctions
The regulation prescribes maximum penalties for many duties, commonly 30 penalty units for primary safety obligations (e.g. ss 7-9, 11-12, 15-16, 21, 27, 32-36, 38-41, 43-44, 48), and 20 penalty units for record-keeping and some plan-related duties (e.g. ss 24, 25, 26, 28, 45-46, 55-55A, 71-72). False or misleading documents to an authorised fire officer attract 30 penalty units (s 70).
The duties are specific, time-bound and frequently cross-refer to other instruments for technical standards or intervals. Rights are procedural, primarily access to plans and limited defences. The regulation centralises the occupier as the compliance node; responsibilities of other actors are often tied to the occupier’s duty to procure qualified services and to ensure records are kept.
Penalties and enforcement
The regulation adopts a mix of criminalised penalty units and administrative fee recovery; enforcement is therefore a combination of sanctioning for non-compliance and financial mechanisms to fund assessment activity.
Penalty units and typical sanctions
The regulation sets out maximum penalties measured in penalty units for breaches of duties. Many substantive public-safety obligations attract a maximum of 30 penalty units, for example obstructing evacuation routes (s 7(1)), allowing obstructions (s 8(1)), locking doors where persons are on the internal side (s 11(1)-(2)), failure of occupiers to comply with requirements to ensure safe numbers (s 15(2)), and failure to prepare or change fire and evacuation plans in the required manner (s 21, s 27). Record-keeping and administrative failures typically attract lower maximums, often 20 penalty units (s 24(2), s 25(1)-(2), s 28(1) and (2), s 45-46, s 55-55A).
Document offences and evidentiary consequences
It is an offence to give an authorised fire officer a document containing information known to be false or misleading in a material particular (s 70(1)). The regulation provides a safe-harbour for persons who, when giving the document, explain the false or misleading parts and, if they have or can obtain correct information, provide it (s 70(2)). The definition of “document” is broad and expressly includes prescribed documents and documents about maintenance (s 70(3)).
Fee recovery and civil debt mechanisms
For fees and costs imposed for assessment services, the service may require a deposit up to 50% of the estimated fee (s 57(2)), and if fees or costs are not paid in full before service provision the applicant must pay the balance within 14 days of notice (s 57(4)). If payment is not made, the service may recover the amount as a debt (s 57(5)). The combustible cladding fee regime requires payment within 14 days after notice and similarly permits recovery as a debt if unpaid (s 64A(4)-(5)). The regulation therefore uses civil recovery to enforce payment obligations rather than criminal sanctions for non-payment.
Inspection and compliance powers (implied)
While the regulation does not itself recite the full inspection powers of authorised fire officers, it anticipates an enforcement context in which authorised officers inspect buildings and receive prescribed documents (s 70). The regulation also requires occupiers to make plans available for inspection (s 26). The combination of these duties with document obligations is an enforcement mechanism: an authorised fire officer who finds non-compliance may rely on the offence provisions and penalty units or on administrative directions under the parent legislation, the Fire Services Act 1990, outside the regulation text.
Limited statutory defences and reasonableness tests
The regulation includes several reasonableness-based standards that are relevant to enforcement. For example, in deciding whether an object would unduly restrict an evacuation route, the regulator must have regard to the number, mobility and other relevant characteristics of persons who would be likely to use the evacuation route (s 7(2); s 8(2)). For contraventions under s 13 (air flow and isolation), a person may defend a proceeding by proving they took reasonable precautions and exercised proper diligence, or that the contravention was due to causes beyond their control (s 13(5)). The occupier’s duty to take “reasonable steps” to ensure evacuation routes are not obstructed (s 8(3)) is a further example of reasonableness being central to enforcement outcomes.
Administrative obligations enforceable by penalty
Numerous administrative obligations are enforceable by penalty, such as keeping and giving occupier statements to the commissioner within ten business days (s 55A(3)), retaining prescribed documents for at least two years and transferring them to a new occupier within one month of vacating (s 72(5)), and making evacuation plans available for inspection (s 26(1)). These administrative duties are designed to ensure traceability and auditability of compliance and are backed by penalty units (often 20).
Fee rounding rule and fee unit mechanics
The regulation prescribes a rounding rule for amounts expressed as numbers of fee units, requiring rounding down to the nearest multiple of 5 cents for the purposes of the Acts Interpretation Act 1954 s 48C(3) (s 4A). This operational detail affects the dollar amount payable where fees are expressed in fee units and subject to a changing fee unit value.
Transitional and debt collection mechanisms
Transitional provisions preserve existing fee entitlements and create refund obligations where applicants paid more under an earlier fee regime than they should have under later amendments (s 91). They also preserve unfinished reassessment or inspection obligations under the repealed regulation in specified circumstances (Pt 9, ss 87-90). Fee non-payment is enforceable as a civil debt (s 57(5); s 64A(5)).
Practical enforcement picture
The enforcement architecture, as set in this regulation, relies on: (a) direct criminal penalties for breaches of clear safety duties; (b) administrative penalties for failure to keep plans and records; and (c) civil debt recovery for unpaid fees. The presence of specified defences in limited contexts, reasonableness assessments, and cross-referenced external standards (BCA, QDC) means enforcement will require evidence-based decisions about whether occupiers took required steps and complied with technical standards.
How it interacts with other laws
The regulation is deeply cross-referential. It embeds technical standards and situates obligations in the broader Queensland statutory scheme by explicit cross-references. The regulation does not replace or restate the content of those instruments; rather it imports or relies on them for many technical requirements, definitions and processes.
Building Code of Australia (BCA)
Multiple duties require compliance with the Building Code of Australia. Doors on evacuation routes that comply with BCA methods of operation are not treated as locked for the purposes of this regulation (s 10(3)(b)). Occupancy limits must allow compliance with specified parts of the BCA (s 16(1)(c) and (2)). The regulation therefore presumes that compliance with the relevant BCA provisions forms part of legal compliance; the text directs users to consult the BCA for standards that are not re-stated.
Queensland Development Code (QDC)
Maintenance of prescribed fire safety installations is to be carried out in compliance with QDC part MP6.1 (s 50(2); s 54(2)). Occupier statements and record-keeping intervals are also tied to QDC part MP6.1 (s 55A(1)). The regulation therefore delegates detailed prescriptive maintenance intervals, testing and certification standards to the QDC rather than reproducing them.
Building Act 1975 and Building Regulation instruments
The regulation refers to the Building Act for certain classes of building and approval document matters. For example, s 16 refers to the Building Act 1975, chapter 7, part 3 with respect to budget accommodation buildings and the QDC MP 2.1. Section 25 requires occupiers to obtain relevant approval documents for the building, including lists of required fire safety installations and statements under the Building Act s 68A about alternative solutions. The fees part also interacts with the Building Act: inspections of special fire services for giving a report under the Building Act s 64(2) attract fees (s 67). Transitional provisions in Pt 9 explicitly preserve and transition obligations that stem from the repealed regulation and the Building Act interface (Pt 9 generally).
Fire Services Act 1990
The regulation is part of the Fire Services Act 1990 statutory framework. It cross-refers to the Fire Services Act: for example, s 14’s reference to clear floor surface area points to Fire Services Act 1990, schedule 2; s 20 refers to Fire Services Act 1990, s 146Q in relation to budget accommodation buildings where a fire safety management plan is required. Section 26’s reference to the fire safety adviser and the occupier’s obligations to allow inspection interact with the broader Fire Services Act powers and functions for the commissioner and authorised officers.
Education and care legislation and other sector-specific Acts
Section 12’s special rules for locking doors reference the Education and Care Services National Law (Queensland) and the Education and Care Services Act 2013 (QEC approved services) when children are present in centre based education and care services. Section 55B applies specific record-keeping obligations to budget accommodation buildings and buildings used for residential services that are relevant to the Residential Services (Accreditation) Act 2002.
Building Regulation 2006 / Building Regulation 2021 and fire engineers
The definition of “fire engineer” and related fire engineering brief procedures point to the Building Regulation 2006, section 16O and the Building Regulation 2021, part 11 division 2, indicating the regulation’s reliance on building regulation definitions and the processes for fire engineering briefs (s 64A notes).
Queensland Development Code and Australian Standards
Compliance with QDC part MP6.1 and AS 3786-2014 is mandated for maintenance and smoke alarm technical standards respectively (s 50; s 55E). The regulation therefore imports industry technical standards by reference rather than attempting to incorporate their technical detail.
Consequences of cross-references
The regulation’s duties are often expressed in terms that require checking these other instruments for the substantive technical requirements, timeframes and application definitions (for example “high occupancy building” is used but not defined in this regulation; it is used in s 21 and s 34 and subject to transitional relief in s 83).
Compliance therefore involves a multi-instrument exercise: occupiers and advisers must interpret the regulation alongside BCA, QDC and the Building Act/Regulation. The regulation creates legal obligations that cannot be fully discharged by consulting the regulation alone.
Transitional and repeal interactions
The regulation repeals earlier Building Fire Safety Regulations (s 76) and contains transitional provisions (Pt 9) that preserve continuity of plans, records and fee entitlements where processes began under the repealed regulation. These transitional rules maintain legal certainty for activities that straddle the repeal and commencement dates.
Administrative and enforcement overlap
The regulation’s document and inspection obligations interact with the Fire Services Act’s enforcement powers, and the regulation channels certain reporting duties and occupier statements to the commissioner (s 55A(3)). Fees recovered as a debt interact with general civil recovery and public finance rules.
In short, the regulation is designed as a node in a broader regulatory network; it prescribes specific duties while importing defined technical content, classification rules and maintenance regimes from other statutory instruments and Australian Standards. Practical compliance requires concurrent reference to the BCA, QDC MP6.1, the Building Act and the Fire Services Act.
Amendment history
The regulation text displays a layered amendment history recorded in-line with the provisions. The amendment notes in the text identify multiple legislative instruments across years which have inserted, amended or repealed provisions. The regulation also repealed the prior Building Fire Safety Regulation 1991 (s 76). Key amendment markers visible in the source include the following (source-cited):
2008 commencement and initial structure
The regulation commenced on 1 July 2008 (s 2) and the repealer clause removes the 1991 regulation (s 76).
Early amendments and replaced or omitted sections
Several sections were amended or omitted in early years; for example, s 51 and s 52 are noted as omitted (s 51 om 2008 SL No. 413 s 4; s 52 om 2008 SL No. 413 s 4). Section 73 is omitted (s 73 om 2009 Act No. 24 s 96).
2009 onwards: enforcement and fee amendments
Sections 7 and 8 were amended in 2009 (s 7 amd 2009 SL No. 111 s 4; s 8 amd 2009 SL No. 111 s 5). Part 6 fees and meeting-fee mechanics have a serial amendment history across 2009-2022 (see s 74 amd 2009 SL No. 111 s 6; subsequent amendments listed up to 2022 SL No. 81 s 5).
2011-2014 amendments: education, fire safety adviser and plan content
Section 12 was amended in 2011 and 2013 to align with education and care laws (s 12 amd 2011 SL No. 278 s 5; 2013 SL No. 265 s 81 sch 5 pt 2).
Sections 21, 22, 23, 26, 28, 30 and many in Pt 4 were amended in 2014 (s 21 amd 2014 SL No. 296 s 4; s 22, s 23, s 26, s 28, s 30 and others have 2014 amendment notes), notably adding obligations concerning fire safety advisers and plan content.
2016 insertion of domestic smoke alarm provisions
Sections 55C-55E dealing with domestic smoke alarm locations, powering and technical requirements were inserted in 2016 (s 55C-55E ins 2016 SL No. 221 s 4).
2019 combustible cladding and fee regime
Section 64A, establishing a fee regime for combustible cladding rectification work assessments and inspections, was inserted in 2019 (s 64A ins 2019 SL No. 211 s 6). The 2019 amending regulation also added Pt 10 transitional provisions (s 91 ins 2019 SL No. 211 s 8).
2020-2025 iterative updates
Section 64A has subsequent amendments in 2020 and 2021 and 2022 (see amendments noted s 64A amd 2020 SL No. 124 s 4; 2021 SL No. 80 s 4; 2021 SL No. 126 s 105; 2022 SL No. 81 s 4).
The rounding of fee units rule was inserted in 2022 (s 4A ins 2022 SL No. 81 s 3).
Section 14 (occupancy safety factors) shows an amendment in 2024 (s 14 amd 2024 Act No. 22 s 92 sch 1).
Section 16 was amended in 2025 (s 16 amd 2025 SL No. 53 s 4) and s 24 (fire safety management procedures) in 2025 (s 24 amd 2025 SL No. 53 s 5). Sections 55C-55E were amended in 2025 (see s 55C amd 2025 SL No. 53 s 6; s 55D amd 2025 SL No. 53 s 7; s 55E amd 2025 SL No. 53 s 8). Section 71 was amended in 2025 (s 71 amd 2025 SL No. 53 s 9).
Transitional preservation of prior processes
Part 9 provides transitional provisions for the commencement of this regulation, and transitional arrangements for fees and inspections that had begun under the repealed regulation (ss 77-90). These sections incorporate transitional application rules and preserve existing reassessment, reinspection and alternative-solution meeting processes where started before commencement (ss 87-90).
Repeal of prior instruments
Section 76 expressly repeals the Building Fire Safety Regulation 1991 and the 1993 amendment (s 76).
The in-text amendment notes indicate a pattern of iterative updating in response to sectoral needs: adding smoke alarm standards, creating a combustible cladding fee regime, aligning evacuation training and adviser duties with sectoral standards, and refining fee and meeting charges. The regulation’s reliance on schedules for fee amounts (schedules referenced in part 6) also implies periodic schedule updates, which the amendment notes show have occurred.
Users should consult the current consolidated version and the amending instruments listed in the in-text amendment notes to verify the exact operative text and to identify any further changes that post-date the edition provided. The regulation itself preserves transitional rules to deal with in-progress regulatory activity that began under prior rules (Pt 9).
Litigation history
The provided regulation text does not record, cite or refer to any judicial or tribunal decisions concerning its interpretation, enforcement or application. The text contains no cases, reported or otherwise, and there are no internal references to litigation outcomes.
Practical implications of the absence of litigation references in the source:
There are no judicial determinations recorded in the instrument itself that interpret ambiguous provisions, supply definitions not in the text, or delineate the scope of reasonableness tests embedded in provisions such as “reasonable steps” (s 8(3)), “unreasonable risk” (s 15(2)), or the assessment of whether a thing would “unduly restrict, hinder or delay” use of an evacuation route (s 7(1)(a)(ii)). Those concepts will therefore be shaped in future by administrative decisions and any litigation that arises, but such case law is not recorded here.
Enforcement practice will be developed operationally by authorised fire officers and the commissioner under the Fire Services Act 1990 and related instruments; the regulation’s text does not contain administrative guidance or precedent.
For legal advisers and compliance officers, absence of reported cases in the statutory text necessitates reliance on the statutory language together with technical standards in the BCA and QDC, and on contemporaneous administrative guidance from the relevant government service or from authorised fire officers.
If the reader requires precedents or case law interpreting particular terms or enforcement practices, that must be sourced in the jurisdictional case law database or administrative review records; the regulation itself provides neither. The regulation’s in-text amendment notes indicate an administrative record of change but not adjudicative interpretation.
Gotchas
Several practical traps, ambiguities and operational mismatches appear when the regulation is read strictly as drafted. The following are source-grounded risk points that a compliance professional, owner, occupier or adviser should be aware of.
Many duties are qualified by reference to external standards that are not reproduced. For example, maintenance intervals and technical standards are set by QDC part MP6.1 (ss 50, 54, 55A), and doors are allowed to be locked only where they comply with the BCA (s 10(3)(b)). Failure to consult the referenced instruments risks non-compliance even where the regulation’s text appears to be silent on the technical detail.
“High occupancy building” is operationally important but not defined here
Several obligations trigger only in relation to a “high occupancy building” (s 21(3)(g), s 34, s 37, s 41). The regulation does not define that term within the provided text; the consequence is that compliance requires checking the instrument(s) that define the term, or seeking administrative clarification. Section 83 provides transitional relief for occupiers of high occupancy buildings but assumes a working definition exists elsewhere.
Ambiguity in “occupier” and distribution of responsibilities in multi-occupancy buildings
Managing entities and secondary occupiers have complementary duties (ss 22-23). The managing entity must ensure its plan takes into account secondary occupiers’ evacuation procedures, and secondary occupiers must ensure their plans complement the managing entity’s plan. In practice this can create coordination and notification demands, and the regulation makes non-compliance an offence attracting 30 penalty units (s 22). Determining who is the occupier for a given part of a building, and how notification requirements are met, can be operationally complex in strata, shopping centres and mixed-use developments.
Strict 2-metre rule in front of final exits
Sections 7-9 require a 2-metre clear zone outside final exits. There is no operational exception for minor, transient obstructions other than the general “unduly restrict, hinder or delay” proviso and the “reasonable steps” occupier duty. This creates a low tolerance environment for items such as temporary displays, refuse bins, parked vehicles, or queuing patrons adjacent to final exits (s 9 gives examples).
Locking and custodial exceptions
Section 12 contains sector-specific rules for education and custodial settings that restrict locking that would unduly restrict custodians. This creates operational friction for facilities that have security locking needs; occupiers must ensure locks comply with the rules or risk 30 penalty units. The regulation gives some room for compliant mechanical devices (s 10) but also cross-references BCA compliance.
Maintenance and repair timeframes may be operationally tight
Where maintenance records show repairs are required, occupiers must ensure repairs or corrective actions are completed within one month unless a reasonable excuse exists (s 54(4)). The regulation recognises reasonable excuses that include remoteness or parts delays, but occupiers should document reasons and efforts to avoid exposure to liability.
Critical defect notice timing is short
Persons carrying out maintenance must give a critical defect notice in approved form to the occupier within 24 hours after carrying out the maintenance if they become aware of a critical defect (s 53). This creates a rapid notification obligation; occupiers must therefore have processes to receive, attach and action notices promptly.
Records and transfer obligations
Occupiers must retain prescribed documents for at least two years and transfer them to incoming occupiers within one month after ceasing occupation (s 72). Failure to transfer or retain records attracts penalties. In property transactions and lease turnovers this is frequently overlooked.
Fee-unit expressed fees and rounding
For fees that are expressed as numbers of fee units, s 4A requires rounding down to the nearest multiple of 5 cents. Fee units themselves may change in monetary value; practitioners must apply the rounding rule precisely when converting fee-unit amounts to dollars. Section 64A charges per full hour and part 15-minute increments in fee units for combustible cladding rectification work; practical invoicing and accounting must implement s 4A’s rounding.
Display threshold for evacuation signs
Section 30 exempts buildings with total floor area less than 300 m2 from the evacuation sign display duty. Calculating total floor area and how it applies to multi-tiered or partitioned buildings may require architectural input.
“Interested person” access is subjective
Section 26 permits inspection of plans by an “interested person,” defined as someone the occupier considers to have a sufficient interest or a person authorised by law. This subjectivity could generate disputes about who may inspect the plan. Occupiers should establish clear policies to manage requests and avoid arbitrary refusals.
Transitional relief and legacy practice traps
The transitional provisions in Pt 9 provide temporary relief, but only for buildings that meet narrow conditions (e.g. occupied before commencement and not reclassified). Occupiers should check Pt 9 carefully to avoid relying on transitional exceptions beyond their scope (ss 78-84, 87-91).
Prohibition on ionisation sensors
Section 55E prohibits smoke alarms that contain ionisation sensors. Some older alarms contain ionisation elements; owners of domestic dwellings and landlords must check installed devices against AS 3786-2014 compliance and the sensor type requirement.
Interaction with other Acts and compliance responsibilities
The regulation frequently defers to other laws for key definitions and thresholds, making compliance a multi-instrument exercise. Failure to consult the BCA, QDC, Building Act provisions and the Fire Services Act will leave compliance incomplete.
Each of the above “gotchas” flows directly from the regulation text and its cross-references. Practical compliance requires mapping operational practices to the specific sections cited to avoid inadvertent breaches or financial liabilities.
How to comply
This section sets out a practical, source-grounded compliance checklist for owners, occupiers, managing entities, persons who maintain fire safety installations, and applicants for building work. It cites the relevant provisions so users can follow to the primary source.
Identify building status and relevant exemptions
Determine whether the building is a budget accommodation building or a residential service building, because Divisions 2, 3, 5 and 6 do not apply to occupiers of those buildings that have a fire safety management plan as required under the Building Act or Fire Services Act (s 20). Check whether the building qualifies as a high occupancy building in the applicable instruments, because that triggers adviser and training duties (ss 21(3)(g), 34, 37, 41).
Prepare and maintain a written fire and evacuation plan
Prepare a written fire and evacuation plan and ensure it states the matters in s 21(3): building name and address, owner and occupier contact details, evacuation coordination procedures (s 17), instructions for evacuation, operation methods for firefighting equipment and manually operated alarms, procedures for giving instructions to workers, details and contact of fire safety adviser for high occupancy buildings, and responsible persons for evacuation coordination (s 21). Include evacuation diagrams as required by s 18. Keep the plan in written form and available for inspection (s 21(2); s 26(1)).
Display evacuation diagrams and signs
For buildings with total floor area 300 m2 or greater, display evacuation signs and diagrams in conspicuous positions on each evacuation route, oriented correctly and securely attached (s 30(2)-(3); s 18 for diagram content). For accommodation units, owners must display signs within units showing routes and procedures (s 48).
Implement evacuation coordination procedures and training
Set out evacuation coordination procedures under s 17, including alerting, rollcall procedures, assembly areas and liaison with fire officers. Give general evacuation instructions to workers at least annually and to new workers within two days of starting (s 35). Give first-response instructions to workers at intervals not more than two years and to new workers within one month (s 36). Give evacuation coordination instructions annually to responsible persons (s 38). For high occupancy buildings, use a registered training organisation or the fire safety adviser for first-response training (s 37), and ensure the fire safety adviser is familiar with and gives or arranges evacuation coordination instructions (s 41).
Conduct evacuation practices
Conduct evacuation practices at intervals of not more than one year: budget accommodation buildings must conduct an evacuation at least annually (s 43); other occupiers must conduct evacuations with appropriate numbers and in an appropriate way (s 44). Keep evacuation practice records stating the date, start and end times, and actions required (s 46).
Maintain prescribed fire safety installations per QDC MP6.1
Ensure maintenance of each prescribed fire safety installation is carried out by an appropriately qualified person and in compliance with QDC part MP6.1 (s 50(2); s 54(1)-(2)). If maintenance reveals critical defects, ensure the maintenance person has issued a critical defect notice within 24 hours (s 53), and ensure repairs or corrective action are taken within one month unless reasonable excuse applies (s 54(4)). Keep detailed records of maintenance as required by s 55 and include certification signed by the maintenance person (s 55(3)). Prepare occupier statements at QDC intervals and provide a copy to the commissioner within ten business days (s 55A).
Appoint and manage a fire safety adviser where required
If operating a high occupancy building, appoint a person holding a current building fire safety qualification as fire safety adviser (s 34(1)). The adviser’s qualification must be current (issued within last three years) and the adviser can serve multiple buildings (s 34). Maintain records of the adviser’s qualification in the fire and evacuation plan (s 21(3)(g)). See transitional relief in s 83 for timing to comply.
Maintain door and locking compliance
Ensure doors on evacuation routes are not locked where persons are within on the internal side (s 11). Use release mechanisms that comply with s 10(3): openable from internal side by a single downward or pushing action device or alternative BCA-compliant method. For education, care and custodial settings, ensure locks do not unduly restrict custodians (s 12).
Keep evacuation routes and air space isolated
Keep evacuation routes free from obstruction, including 2 metre clear areas in front of final exits (s 7). Do not install or alter ventilation or HVAC in ways that allow smoke or air to flow onto evacuation routes from other compartments (s 13). Owners and occupiers must ensure others do not perform such acts (s 13(4)).
Smoke alarm compliance for domestic dwellings
Install smoke alarms in each bedroom and in hallways or defined places on each storey as required (s 55C). Power smoke alarms either by hardwiring to the dwelling’s electricity supply or by a built-in non-removable battery manufactured to power the alarm for at least ten years (s 55D). Ensure smoke alarms comply with AS 3786-2014, have a photoelectric sensor and do not include an ionisation sensor (s 55E).
Fees, deposits and invoicing
For applicants for stated building work pay the base fee and special fire service fees as prescribed, and where applicable pay deposits up to 50% of estimated fees (ss 56, 57, 60). For combustible cladding rectification, expect fee-unit charges per hour and per 15-minute increment as set out in s 64A; invoices must be paid within 14 days after notice and are recoverable as a debt if unpaid (s 64A(3)-(5)). Apply s 4A rounding when converting fee-unit amounts to dollars.
Records, retention and transfer
Keep prescribed documents and plans in the building and in a secure place at other premises (s 71). Retain prescribed documents for at least two years, and transfer documents to the incoming occupier within one month after ceasing occupation (s 72). Keep fire and evacuation instruction records (s 45) and evacuation practice records (s 46) with required content and retain occupier statements with maintenance records for two years (s 55A(2)).
Procedures for multi-occupancy coordination
Managing entities must ensure their fire and evacuation plan takes into account evacuation coordination procedures in secondary occupier plans (s 22); secondary occupiers must ensure their plans complement the managing entity’s plan (s 23). Where a managing entity changes its plan, it must notify secondary occupiers within one month (s 27).
Prepare to receive and action critical defect notices
Set up processes to accept critical defect notices within 24 hours from maintenance contractors and attach such notices to occupier statements as required (s 53; s 55(3)).
Use qualified maintenance contractors and maintain their credentials
Ensure maintenance is performed by appropriately qualified persons and keep their licence numbers in maintenance records (s 55(2)(b)-(c)). In transitional periods, certain accreditation certificates may be taken as appropriate qualifications (s 85).
Document and communicate changes and reviews
Review the fire and evacuation plan annually, keep a written record of the review and give copy of the record to the fire safety adviser where the building is high occupancy (s 28). Change plans no later than one month after material change and notify affected secondary occupiers and fire safety adviser as required (s 27).
Establish proof and audit trails in case of enforcement
Maintain signed certification from maintenance persons, dated occupier statements, critical defect notices, copies of approval documents (s 25) and records of instruction and practice. These documents are specified in the regulation and are the primary evidence of compliance: failure to produce them exposes occupiers to penalties (s 55, s 55A, s 45-46).
Seek clarifications and check external definitions
Establish which external instruments define key terms such as “high occupancy building”, BCA parts referenced, QDC details and the Building Act cross-references. Where definitions are not in the regulation, consult the external instrument.
Prepare for fee and meeting costs if engaging the service
If requesting preliminary meetings, fire engineering brief assessment or attendance at minor performance meetings, budget for meeting fees, research fees and travel/accommodation reimbursement where the service must travel more than 200 km (ss 63-64, 74).
Keep an audit-ready compliance schedule tied to statute references
Map each statutory obligation to an operational action, owner and timeline, for example: annual review and record retention cycles, one-month change-notice windows (s 27), 24-hour critical defect notices (s 53), 14-day payment windows for fees (s 57, s 64A), and two-day induction windows for general evacuation instructions for new workers (s 35(2)).
This checklist is a compliance-first roadmap grounded in the regulation’s text. Because many technical standards are located in BCA and QDC instruments, a complete compliance programme requires concurrently consulting those instruments and, where necessary, seeking clarification from the relevant service or legal advice on borderline facts such as classification, building use changes, and whether a person is an “occupier” for regulation purposes.
Section sec.4ARounding of amounts expressed as numbers of fee units
(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
(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.
sec.6 Meaning of common area
sec.6 Meaning of common area
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
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.
(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
(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.
(a) used entirely or mainly as a residence; and
(b) occupied by a person who owns, or is a tenant of, the part of the building.
pt.2-div.2 Keeping evacuation routes free from obstruction—general
Keeping evacuation routes free from obstruction—general
sec.7 Person not to obstruct an evacuation route
sec.7 Person not to obstruct an evacuation route
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.
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.
s 7 amd 2009 SL No. 111 s 4
(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.
(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.
(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
(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
(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
(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
(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
(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.
sec.8 Occupier not to allow evacuation route to be obstructed
sec.8 Occupier not to allow evacuation route to be obstructed
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.
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.
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.
s 8 amd 2009 SL No. 111 s 5
(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.
(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.
(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.
(a) within 2m of a final exit outside the building; or
(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.
(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
(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.
sec.9 Occupier not to allow final exit of adjoining building to be obstructed
sec.9 Occupier not to allow final exit of adjoining building to be obstructed
This section applies to the occupier of premises that adjoin a final exit of a building (the adjoining building ).
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.
(sec.9-ssec.1) This section applies to the occupier of premises that adjoin a final exit of a building (the adjoining building ).
(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.
(a) within 2m of a final exit outside the adjoining building; or
(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.
• 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
pt.2-div.3 Keeping evacuation routes free from obstruction—locking doors
Keeping evacuation routes free from obstruction—locking doors
sec.10 Meaning of locking a door
sec.10 Meaning of locking a door
A reference to locking a door is a reference to locking the door in a closed position.
Locking a door includes fastening the door or otherwise interfering with its ability to be opened.
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.
(sec.10-ssec.1) A reference to locking a door is a reference to locking the door in a closed position.
(sec.10-ssec.2) Locking a door includes fastening the door or otherwise interfering with its ability to be opened.
(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 tha
This is an opening excerpt, not the complete document.