FIRE AND EMERGENCY REGULATIONS 1996 (Northern Territory)

These Regulations operationalise and detail fire-safety requirements under the Fire and Emergency Act 1996 for the Northern Territory, by prescribing operational standards, duties, procedures and monetary charges relating to fire prevention, emergency planning, smoke alarms, infringement notices and fees. Mechanically, the instrument does the following.

Establishes site-level prevention duties for occupiers and owners across a set of discrete activities and storage arrangements: firebreaks (reg 3), accumulation of flammable or combustible material (reg 4), stacking of containers, timber, tyres and other combustible goods (rr 5, 6, 7, 7A), maintenance of flues and hot-work controls (rr 8, 9), and the storage of oily waste (reg 10). Most of those duties carry a stated maximum penalty on conviction (generally 100 penalty units at the time of the regulation text).
Prescribes emergency-planning obligations for a list of specified "prescribed buildings" (reg 11 and Schedule 2), including training, registers and the application of AS 3745 (Planning for emergencies in facilities) (reg 11(5)). It also creates an obligation to evacuate when alarms are activated and an evacuation direction is given (reg 11A).
Imposes detailed statutory obligations for smoke alarms in residential premises and moveable dwellings (Part 2A, rr 13-13H). This includes what types of alarms are "approved" (reg 13A), installation locations that incorporate Building Code specifications (reg 13B), maintenance/testing duties that differ by occupier type (regs 13C, 13D, 13E), prohibition on interference with alarms (reg 13G), and an owner-agent rule (reg 13F).
Creates an infringement notice scheme (Part 3, rr 14-18B; Schedule 3) allowing police or authorised persons to issue infringement notices for listed contraventions, with prescribed expiation amounts set as a number of penalty units in Schedule 3. The Part sets content requirements for notices and cross-references enforcement actions available under the Fines and Penalties (Recovery) Act 2001 (reg 17(2)(c)).

NORTHERN TERRITORY OF AUSTRALIA FIRE AND EMERGENCY REGULATIONS 1996 As in force at 16 July 2024 Table of provisions Part 1 Preliminary matters 1 Citation ............................................................................................ 1 2 Definitions ........................................................................................ 1 Part 2 General requirements 3 Firebreaks........................................................................................ 2 4 Accumulation of flammable or combustible material........................ 2 5 Stacked containers .......................................................................... 3 6 Stacked timber and wood ................................................................ 3 7 Stacked flammable or combustible material .................................... 3 7A Stacked tyres ................................................................................... 4 8 Flues ................................................................................................ 5 9 Cutting, heating and welding equipment .......................................... 5 10 Oily waste ........................................................................................ 6 11 Emergency planning for certain buildings ........................................ 6 11A Evacuation of building ..................................................................... 8 12 Accommodation parks ..................................................................... 8 Part 2A Requirements relating to smoke alarms 13 Definitions ........................................................................................ 9 13A Requirement to install smoke alarms............................................. 11 13B Installation ..................................................................................... 12 13C Maintenance in residential premises and moveable dwellings used by owner ............................................................................... 12 13D Maintenance in residential premises and moveable dwellings used by tenant or hirer ................................................................... 13 13E Testing ........................................................................................... 15 13F Agent may act for owner ................................................................ 15 13G No interference with smoke alarms ............................................... 15 13H Part applies to all smoke alarms .................................................... 16 Part 3 Infringement notice offences 14 Definitions ...................................................................................... 16 15 Infringement notice offence and prescribed amount payable ........ 16 16 When infringement notice may be given ........................................ 17 17 Contents of infringement notice ..................................................... 17 18 Payment by cheque ....................................................................... 18

Fire and Emergency Regulations 1996 ii 18A Withdrawal of infringement notice.................................................. 18 18B Application of Part ......................................................................... 18 Part 4 Miscellaneous matters 19 Commissioned ranks ..................................................................... 19 20 Fees and charges .......................................................................... 19 Schedule 2 Prescribed buildings Schedule 3 Infringement notice offences and prescribed amounts Schedule 4 Fees and charges ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 16 July 2024

FIRE AND EMERGENCY REGULATIONS 1996 Regulations under the Fire and Emergency Act 1996 Part 1 Preliminary matters 1 Citation These Regulations may be cited as the Fire and Emergency Regulations 1996. 2 Definitions In these Regulations: AS, followed by a designation, means the Australian Standard having that designation. Australian Standard means a standard published by Standards Australia Limited ABN 85 087 326 690, as in force from time to time. Building Code means the Building Code of Australia published by the Australian Building Codes Board, as in force from time to time. caravan means a habitable structure designed to be towed or carried by a motor vehicle (whether or not the structure has wheels), and includes an annex attached to the structure. manufactured home means a structure that: (a) has the character of a dwelling house; and (b) is designed to be able to be moved from one place to another; and includes an annex attached to the structure. moveable dwelling means: (a) a manufactured home; or (b) a caravan; or

Part 2 General requirements Fire and Emergency Regulations 1996 2 (c) a permanently sited tent that: (i) has a permanent floor structure; and (ii) is used or offered for use for residential purposes. Part 2 General requirements 3 Firebreaks (1) The occupier or, if there is no occupier, the owner of land in an emergency response area must ensure a firebreak that complies with this regulation is created and maintained along the entire boundary of the land. Maximum penalty: 100 penalty units. (2) The firebreak must: (a) be at least 4 m wide; and (b) consist of one or more of the following: (i) bare earth; (ii) grass not exceeding 50 mm high; (iii) lawn or cultivated garden. (3) However, the firebreak may contain trees if they do not: (a) restrict fire-fighting vehicles being driven along the firebreak; or (b) otherwise pose a direct or indirect danger by fire or other emergency to life or property. 4 Accumulation of flammable or combustible material Subject to regulation 12, the occupier or, if there is no occupier, the owner of land must ensure flammable or combustible material does not accumulate on the land in a way that constitutes a danger by fire. Maximum penalty: 100 penalty units.

Part 2 General requirements Fire and Emergency Regulations 1996 3 5 Stacked containers The occupier of land on which empty cases, boxes, cartons or other containers of a flammable or combustible nature are stacked in the open air must ensure each stack: (a) is not more than 2 m high; and (b) is built on a base not more than 2 m wide; and (c) is accessible on all sides by means of a passageway at least 1 m wide; and (d) is not less than 4 m from any structure on the land or the boundary of the land. Maximum penalty: 100 penalty units. 6 Stacked timber and wood The occupier of land on which sawn timber or wood is stacked in the open air must ensure: (a) each stack is not more than 3 m high; and (b) each stack is built on a base not more than 2.5 m wide; and (c) each stack is accessible on all sides by means of a passageway at least 1.5 m wide; and (d) the ground is so cleared that there is no flammable or combustible matter within 4 m of each stack; and (e) each stack is not less than 4 m from any structure on the land or the boundary of the land. Maximum penalty: 100 penalty units. 7 Stacked flammable or combustible material The occupier of land on which bulk flammable or combustible material is stored, whether loose or packed in cases, bags, bales, cartons or boxes, must ensure: (a) the flammable or combustible material is not stored in a way that constitutes a danger by fire; and

Part 2 General requirements Fire and Emergency Regulations 1996 4 (b) if the flammable or combustible material is stored in an enclosed building: (i) it is stored in bays the dimensions of which do not exceed 3 m in length or width; and (ii) the top of the stack of material in each bay is at least 75 cm below the ceiling of the building; and (iii) there is a clear passageway at least 1.5 m wide between each bay; and (c) the flammable or combustible material is stored not less than 4m from the boundary of the land. Maximum penalty: 100 penalty units. 7A Stacked tyres (1) The occupier of land on which tyres (whether new or used) are stacked must ensure that: (a) the height of any stack does not exceed 3 m; and (b) the base layer of tyres in any stack does not exceed 45 m in length and 5 m in width; and (c) the slope of any side of any stack is not steeper than 1:1. Maximum penalty: 100 penalty units. (2) The occupier must ensure that stacks are separated from each other, and from the boundary of the land: (a) by not less than 10 m at any point; or (b) by walls that have a fire rating of not less than 4 hours. Maximum penalty: 100 penalty units. (3) The occupier must ensure that, if stacks are separated by walls: (a) the walls exceed the height of the stacks by not less than 1.5 m and protrude not less than 1.5 m past the stack at either end; and (b) the stacks are not grouped more than 2 stacks in either direction; and (c) the aggregate width of the group does not exceed 10 m; and

Part 2 General requirements Fire and Emergency Regulations 1996 5 (d) the aggregate length of the group does not exceed 90 m; and (e) a group of stacks is separated from any other flammable or combustible material (including any other group of stacks, any individual stacks and grass or weeds) by not less than 10 m at any point. Maximum penalty: 100 penalty units. 8 Flues The occupier of a building in which a fume or exhaust flue has been constructed must ensure the flue is: (a) fitted with inspection ports; and (b) inspected at least twice annually; and (c) cleaned at least annually. Maximum penalty: 100 penalty units. 9 Cutting, heating and welding equipment (1) The occupier of land on which cutting, heating or welding equipment, as defined in AS 1674 (Safety in welding and allied processes), is used as part of a business conducted on the land must ensure, while the equipment is being used: (a) a fire extinguisher of a type that is appropriate in accordance with AS 2444 (Portable fire extinguishers and fire blankets – Selection and location), having regard to the equipment being used, is readily accessible to the person using the equipment; and (b) where there is a possibility of danger by fire to life or property, a protective screen surrounds the area in which the equipment is being used. Maximum penalty: 100 penalty units. (2) A person using cutting, heating or welding equipment, as defined in AS 1674 (Safety in welding and allied processes), whether in the open air or in an enclosed space, must ensure all welding dross or residue that may be a source of ignition for flammable or combustible material or that may cause a fire is contained within the immediate vicinity of the equipment and properly extinguished. Maximum penalty: 100 penalty units.

Part 2 General requirements Fire and Emergency Regulations 1996 6 10 Oily waste The occupier of land on which a factory, workshop, service station, engine-room, power station or shipyard is situated must ensure: (a) adequate steel containers are provided for all polishing cloths, oil-soaked rags and oily waste; and (b) the containers are fitted with secure tightly fitting lids. Maximum penalty: 100 penalty units. 11 Emergency planning for certain buildings (1AA) The classes of buildings (prescribed buildings) specified in Schedule 2 are prescribed for section 27A(1) of the Act. (1) The owner of a prescribed building must ensure all persons who work in the building are given instruction in accordance with subregulation (2) on measures for the protection of persons in the building from fire and fire related emergencies: (a) not later than 30 days after commencing work in the building; and (b) at intervals of not more than 12 months while they continue to work in the building. Maximum penalty: 100 penalty units. (2) The instruction must include information relating to the following: (a) the means of access to and egress from the building; (b) the location of fire-fighting equipment available in the building and the method of use of the equipment; (c) the location of warning apparatus in the building and the method of use of the apparatus; (d) for persons nominated as fire wardens for areas of the building: (i) conducting other persons to the means of egress mentioned in paragraph (a) or a place of safety; and (ii) the methods of accounting for persons and reporting to the person for the time being in charge of the building.

Part 2 General requirements Fire and Emergency Regulations 1996 7 (3) The owner of a prescribed building must keep a register containing details of the following: (a) the information to be given to persons working in the building; (b) the name of the person responsible for giving the instruction required by this regulation and the date on which such instruction was given; (c) the names of the persons or the groups of persons to whom instruction was given and a description of the kind of instruction given. Maximum penalty: 20 penalty units. (4) The owner must produce the register for inspection on demand by a member. Maximum penalty: 100 penalty units. (5) The owner of a prescribed building must ensure the requirements of AS 3745 (Planning for emergencies in facilities) are applied to safety systems that are installed in the building. Maximum penalty: 100 penalty units. (6) The owner of a prescribed building must ensure: (a) fire alarms and other warning apparatus, exit lights, emergency lighting and fire-fighting equipment are maintained in accordance with relevant standards; and (b) there is no obstruction of designated fire exits or the path of travel to those exits; and (c) flammable or combustible material is not stored in, or in the vicinity of, stairways or exits; and (d) designated fire exits are: (i) fitted with locking devices that comply with the relevant Australian Standard and any legislative requirements; and (ii) not fitted with any non-compliant locking devices; and (e) if any law provides for a maximum permissible number of persons that may be in the building at any time – the number of persons in the building does not exceed the maximum. Maximum penalty: 100 penalty units.

Part 2 General requirements Fire and Emergency Regulations 1996 8 11A Evacuation of building A person must evacuate a building if: (a) a fire alarm or other warning apparatus in the building has been activated; and (b) the person is directed to evacuate by the person who is, for the time being, in charge of the building or a person nominated as a fire warden for the building. Maximum penalty: 100 penalty units. 12 Accommodation parks (1) An accommodation park owner commits an offence if the owner fails to do any of the following in relation to the accommodation park: (a) ensure all moveable dwellings in the park are separated from each other, buildings, internal roadways and the boundary of the park by at least 3 m at every point; (b) ensure access into and within the park is sufficient to enable fire-fighting vehicles to enter and access all areas of the park; (c) comply with AS 2441 (Installation of fire hose reels) in relation to the installation of fire hose reels in the park; (d) ensure flammable or combustible material does not accumulate in the park in a way that constitutes a danger by fire; (e) prepare an emergency management plan for the park showing the number of each site and the location of fire-fighting equipment and evacuation points in the park; (f) ensure all staff employed at the park are trained in the procedures contained in the plan; (g) ensure a copy of the plan is: (i) given to each person who occupies a site in the park; and

Part 2A Requirements relating to smoke alarms Fire and Emergency Regulations 1996 9 (ii) displayed in at least one prominent location within the park. Maximum penalty: 100 penalty units. Note for subregulation (1) Requirements relating to the installation and maintenance of smoke alarms are contained in Part 2A. (2) In this regulation: accommodation park means an area of land used or intended to be used (whether seasonally or not) as a complex of sites or moveable dwellings or both, for which rights of occupancy are conferred under site agreements (whether with or without common areas that may include bathroom, toilet and laundry facilities). accommodation park owner, for an accommodation park, means any person who is (either wholly or partly) the owner of the business that operates the park. site agreement means an agreement under which an accommodation park owner grants another person, for valuable consideration, a right to: (a) occupy a site in the owner's accommodation park, and place a caravan on the site, for residential purposes; or (b) occupy a site in the owner's accommodation park, and a moveable dwelling made available on the site by the accommodation park owner, for residential purposes. Part 2A Requirements relating to smoke alarms 13 Definitions In this Part: class 1 building means a building that, under the Building Code, is classified as a class 1 building. class 2 building means a building that, under the Building Code, is classified as a class 2 building. class 3 building means a building that, under the Building Code, is classified as a class 3 building. class 4 part of a building means a part of a building that, under the Building Code, is classified as a class 4 building.

Part 2A Requirements relating to smoke alarms Fire and Emergency Regulations 1996 10 hire agreement means an agreement under which the owner of a moveable dwelling grants to another person (whether or not for valuable consideration): (a) a right which may be (but need not be) an exclusive right to occupy the dwelling for residential purposes; or (b) a right to otherwise use the dwelling. hirer, for a moveable dwelling, means: (a) any person who has a right to occupy or use the dwelling under a hire agreement; or (b) if the right to occupy or use the dwelling has been transferred in any way to another person – the other person. Example A right to occupy or use a moveable dwelling may be transferred by a hirer entering into a sub-hire agreement or an assignment of a hire agreement. information statement means the information given to the tenant or hirer under regulation 13D(1)(e). residential premises means: (a) a class 1 building; or (b) a sole occupancy unit in a class 2 building; or (c) a class 3 building; or (d) a class 4 part of a building. tenancy agreement means an agreement under which the owner of residential premises grants to another person (whether or not for valuable consideration) a right which may be (but need not be) an exclusive right to occupy the premises for residential purposes. tenant, for residential premises, means: (a) any person who has a right to occupy the premises under a tenancy agreement; or (b) if the right to occupy the premises has been transferred in any way to another person – the other person. Example A right to occupy residential premises may be transferred by a tenant entering into a sub-tenancy agreement or an assignment of a tenancy agreement.

Part 2A Requirements relating to smoke alarms Fire and Emergency Regulations 1996 11 wired, in relation to a smoke alarm, means the smoke alarm: (a) is hard wired to mains electricity; and (b) has an internal stand-by battery designed to be replaced by the user. 13A Requirement to install smoke alarms (1) The owner of residential premises or a moveable dwelling must ensure approved smoke alarms are installed in the premises or dwelling in accordance with the requirements of regulation 13B. Maximum penalty: 10 penalty units. (2) However, if on the commencement of this regulation one or more ionisation smoke alarms have been installed in the residential premises or moveable dwelling in accordance with the requirements of regulation 13B, subregulation (1) does not apply in relation to the premises or dwelling until the earlier of the following: (a) if an ionisation smoke alarm installed in the premises or dwelling ceases to function – the day of the cessation; (b) if the owner enters into a contract to sell the premises or dwelling – the day before the date of settlement of the contract; (c) if the owner agrees to enter into a tenancy agreement, or renew or extend a tenancy agreement, in relation to the premises – the day before the tenancy agreement or renewal or extension takes effect; (d) if the owner agrees to enter into a hire agreement, or renew or extend a hire agreement, in relation to the dwelling – the day before the hire agreement or renewal or extension takes effect. (3) In this regulation: approved smoke alarm means a photo-electric type smoke alarm that: (a) complies with AS 3786 (Smoke alarms); and (b) is wired or is a sealed 10 year lithium battery unit. ionisation smoke alarm means an ionisation type smoke alarm that complies with AS 3786 (Smoke alarms).

Part 2A Requirements relating to smoke alarms Fire and Emergency Regulations 1996 12 13B Installation (1) For residential premises, smoke alarms must be installed in accordance with the following: (a) for a class 1a building – specification 3.7.2.3 of the Building Code; (b) for a class 1b building – specification 3.7.2.4 of the Building Code; (c) for a sole-occupancy unit in a class 2 building or a class 4 part of a building – specification E 2.2a, clause 3(c)(i) of the Building Code; (d) for a class 3 building – specification E 2.2a of the Building Code. (2) For a manufactured home to which subregulation (1) does not apply and for a tent, smoke alarms must be installed on or near the ceiling: (a) in every corridor or hallway associated with a bedroom; or (b) if there is no corridor or hallway associated with a bedroom – between the part of the dwelling containing the bedroom and the remainder of the dwelling. (3) For a caravan, one smoke alarm must be installed on the ceiling of the caravan. (4) If it is not practicable for a smoke alarm to be installed at the location required under this regulation, the smoke alarm may be installed at another location that will provide a warning to occupants of the residential premises or moveable dwelling. Example for subregulation (4) A smoke alarm that is regularly activated by steam from a bathroom or smoke or fumes from a kitchen may be moved to another appropriate location. 13C Maintenance in residential premises and moveable dwellings used by owner (1) This regulation applies to: (a) residential premises that are occupied for residential purposes by the owner of the premises; and (b) a moveable dwelling that is occupied for residential purposes, or used for sleeping, by the owner of the dwelling.

Part 2A Requirements relating to smoke alarms Fire and Emergency Regulations 1996 13 (2) The owner of the residential premises or moveable dwelling must do the following: (a) test each smoke alarm in the premises or dwelling, in accordance with regulation 13E, at intervals of not more than 12 months; (b) immediately replace a smoke alarm that does not function when tested; (c) immediately replace a stand-by battery in a wired smoke alarm in the premises or dwelling, in accordance with the manufacturer's instructions, if: (i) the battery is spent; or (ii) the owner is aware the battery is almost spent; (d) clean each smoke alarm in the premises or dwelling in accordance with the manufacturer's instructions at intervals of not more than 12 months. Maximum penalty: 5 penalty units. Note for paragraph (c) A smoke alarm may emit a warning signal (for example, a beeping sound) when its battery is almost spent. Note for paragraph (d) The manufacturer's instructions may require that the smoke alarm be cleaned with a vacuum cleaner to remove dust and other materials that may hinder its performance. 13D Maintenance in residential premises and moveable dwellings used by tenant or hirer (1) Within 30 days before the start of a tenancy agreement in relation to residential premises, or a hire agreement in relation to a moveable dwelling, the owner of the premises or dwelling must do the following: (a) test each smoke alarm in the premises or dwelling in accordance with regulation 13E; (b) replace a smoke alarm that does not function when tested;

Part 2A Requirements relating to smoke alarms Fire and Emergency Regulations 1996 14 (c) replace a stand-by battery in a wired smoke alarm in the premises or dwelling, in accordance with the manufacturer's instructions, if: (i) the battery is spent; or (ii) the owner is aware the battery is almost spent; (d) clean each smoke alarm in the premises or dwelling in accordance with the manufacturer's instructions; (e) give the tenant or hirer written information about testing and maintaining the smoke alarms. Maximum penalty: 5 penalty units. Note for paragraph (c) A smoke alarm may emit a warning signal (for example, a beeping sound) when its battery is almost spent. Note for paragraph (d) The manufacturer's instructions may require that the smoke alarm be cleaned with a vacuum cleaner to remove dust and other materials that may hinder its performance. (2) During the term of a tenancy agreement or hire agreement, the tenant of the residential premises or hirer of the moveable dwelling must do the following: (a) test each smoke alarm in the premises or dwelling, in accordance with regulation 13E, at intervals of not more than 12 months; (b) if a smoke alarm does not function when tested – advise the owner of the premises or dwelling as soon as practicable; (c) replace each stand-by battery in a wired smoke alarm in the premises or dwelling, in accordance with the information statement, if: (i) the battery is spent; or (ii) the tenant or hirer is aware the battery is almost spent;

Part 2A Requirements relating to smoke alarms Fire and Emergency Regulations 1996 15 (d) clean each smoke alarm in the premises or dwelling, in accordance with the information statement, at intervals of not more than 12 months. Maximum penalty: 5 penalty units. Note for paragraph (c) A smoke alarm may emit a warning signal (for example, a beeping sound) when its battery is almost spent. Note for paragraph (d) The manufacturer's instructions may require that the smoke alarm be cleaned with a vacuum cleaner to remove dust and other materials that may hinder its performance. (3) As soon as practicable after receiving advice under subregulation (2)(b) about a smoke alarm, the owner of the residential premises or moveable dwelling must: (a) test the smoke alarm; and (b) replace the smoke alarm if it does not function when tested. Maximum penalty: 5 penalty units. 13E Testing A smoke alarm must be tested in the following way: (a) for an alarm that can be tested by pressing a button or other device to indicate whether the alarm is capable of detecting smoke – by pressing the button or other device; (b) otherwise – by testing the alarm in the way stated in the manufacturer's instructions. 13F Agent may act for owner (1) A requirement imposed on an owner to comply with this Part in relation to a smoke alarm at residential premises or a moveable dwelling may be complied with for the owner by the owner's agent. (2) However, if the residential premises or moveable dwelling is subject to a tenancy agreement or hire agreement, the tenant or hirer cannot be the owner's agent for complying with this Part. 13G No interference with smoke alarms (1) This regulation applies to a smoke alarm installed in residential premises or a moveable dwelling.

Part 3 Infringement notice offences Fire and Emergency Regulations 1996 16 (2) A person must not: (a) subject to regulation 13H(2), remove the smoke alarm; or (b) remove a battery from the smoke alarm; or (c) do anything that would reduce the effectiveness of the warning provided by the smoke alarm. Maximum penalty: 10 penalty units. (3) However, this regulation does not prevent a person from: (a) removing the smoke alarm to comply with regulation 13A; or (b) removing a battery from the smoke alarm to comply with regulation 13C or 13D. 13H Part applies to all smoke alarms (1) To avoid doubt, this Part (other than regulations 13A and 13B) applies in relation to a smoke alarm installed in residential premises or a moveable dwelling even though the smoke alarm is not required to be installed under regulation 13A. (2) However, this Part does not prevent the owner of residential premises or a moveable dwelling from removing a smoke alarm that is not required to be installed under regulation 13A. Part 3 Infringement notice offences 14 Definitions In this Part: infringement notice, see regulation 16. infringement notice offence, see regulation 15(1). prescribed amount, see regulation 15(2). 15 Infringement notice offence and prescribed amount payable (1) An infringement notice offence is an offence against a provision specified in Schedule 3. (2) The prescribed amount for an infringement notice offence is the amount equal to the monetary value of the number of penalty units specified opposite the offence in Schedule 3.

Part 3 Infringement notice offences Fire and Emergency Regulations 1996 17 16 When infringement notice may be given If a police officer or authorised person reasonably believes a person has committed an infringement notice offence, the officer or person may give a notice (an infringement notice) to the person. 17 Contents of infringement notice (1) The infringement notice must specify the following: (a) the name and address of the person, if known; (b) the date the infringement notice is given to the person; (c) the date, time and place of the infringement notice offence; (d) a description of the offence; (e) the prescribed amount payable for the offence; (f) the enforcement agency, as defined in the Fines and Penalties (Recovery) Act 2001, to whom the prescribed amount is payable. (2) The infringement notice must include a statement to the effect of the following: (a) the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given; (b) the person may elect under section 21 of the Fines and Penalties (Recovery) Act 2001 to have the matter dealt with by a court instead of under that Act by completing a statement of election and giving it to the specified enforcement agency; (c) if the person does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery) Act 2001, including (but not limited to) action for the following: (i) suspending the person's licence to drive; (ii) seizing personal property of the person; (iii) deducting an amount from the person's wages or salary; (iv) registering a statutory charge on land owned by the person;

Part 3 Infringement notice offences Fire and Emergency Regulations 1996 18 (v) making a community work order for the person and imprisonment of the person if the person breaches the order. (3) Also, the infringement notice must include an appropriate form for making the statement of election mentioned in subregulation (2)(b). 18 Payment by cheque If the person tenders a cheque in payment of the prescribed amount, the amount is not taken to have been paid unless the cheque is cleared on first presentation. 18A Withdrawal of infringement notice (1) Any of the following persons may withdraw the infringement notice by written notice given to the person: (a) the person who gave the notice; (b) a police officer authorised for the purpose by the Commissioner of Police; (c) a person authorised for the purpose by the Commissioner. (2) The notice must be given: (a) within 28 days after the infringement notice is given to the person; and (b) before payment of the prescribed amount. 18B Application of Part (1) This Part does not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice has been given unless the offence is expiated. (2) Also, this Part does not: (a) require an infringement notice to be given; or (b) affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been given; or (c) prevent more than one infringement notice for the same offence being given to a person.

Part 4 Miscellaneous matters Fire and Emergency Regulations 1996 19 (3) If more than one infringement notice for the same offence has been given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices. Part 4 Miscellaneous matters 19 Commissioned ranks For section 44 of the Act, the rank of District Officer is prescribed. 20 Fees and charges (1) For section 43 of the Act, the fees and charges specified in Schedule 4 are prescribed. (2) The Commissioner may, wholly or partly, waive a fee payable under the Act if satisfied: (a) payment of the fee would cause financial hardship to the person required to pay the fee; or (b) it is reasonable in all the circumstances to do so.

Schedule 2 Prescribed buildings Fire and Emergency Regulations 1996 20 Schedule 2 Prescribed buildings regulation 11 Buildings used for health care where the occupants undergo medical treatment and generally would need physical assistance to evacuate the building during an emergency, including: (a) public or private hospitals; (b) nursing homes or buildings used to accommodate sick or disabled persons needing full-time nursing care; and (c) medical clinics, day surgeries or procedure units where patients may require medical care for some time after treatment. Buildings used as child care centres. Buildings used as places of public entertainment. Buildings used for educational purposes, including schools, educational colleges and universities. Buildings where people may assemble including for civic, theatrical, social, political, religious, recreational or transit purposes. Buildings used for long term or transient residential accommodation for unrelated persons, including: (a) boarding houses, guest houses, hostels, lodging-houses and back packers accommodation; (b) the residential parts of motels and hotels; (c) the residential parts of schools; (d) accommodation for the aged, disabled or children; and (e) the residential parts of buildings used for health care that accommodate medical staff. Office buildings. Shopping complexes, including super markets and large variety stores that incorporate smaller variety stores in the complex. Buildings used as factories or warehouses, including buildings in which goods are manufactured, processed, produced, assembled, altered, packaged, finished, cleaned, stored or displayed.

Schedule 2 Prescribed buildings Fire and Emergency Regulations 1996 21 Buildings used as fuel depots in which bulk fuels in tanks or packages are stored before distribution. Buildings licensed under the Liquor Act 2019 for the sale of liquor for consumption on the buildings and where entertainment is provided, including bars, restaurants, discotheques and nightclubs. Buildings used as laboratories, whether for commercial, industrial and educational purposes.

Schedule 3 Infringement notice offences and prescribed amounts Fire and Emergency Regulations 1996 22 Schedule 3 Infringement notice offences and prescribed amounts regulation 15 Provision Prescribed amount in penalty units sections 21(1), 23(2), 25(4), 28, 30(6)(a), 32, 33, 35(1), 36(1), (3) and (5) and 41(2) of Act 4 regulations 3(1) and (4), 4, 5, 6, 7, 7A(1) to (3), 8, 9(1) and (2), 10, 11(1) and (3) to (6), 11A and 12(1) 4 regulation 13A(1) 1 regulations 13C(2) and 13D(1) to (3) 0.5 regulation 13G(2) 1

Schedule 4 Fees and charges Fire and Emergency Regulations 1996 23 Schedule 4 Fees and charges regulation 20 1 Definitions In this Schedule: alternative solution means a building solution to ensure a building that does not satisfy the "deemed-to-satisfy" provisions under the Building Code complies with the performance requirements applicable to it under the Building Code. alternative solution meeting means a meeting to consider and decide on an alternative solution. fire engineering design review, see clause 5. item means an item of the Table in this Schedule. NTFAST means the Northern Territory Fire Alarm System Transmission. NTFRS report means a report by the Fire and Rescue Service as a reporting authority under the Building Act 1993. 2 Attendance at fire or other emergency The following fees are payable if one or more members, with or without equipment, attends a fire or other emergency: (a) the fees specified in item 1.1 for each member who attends; (b) if a vehicle mentioned in item 1.2 is taken to the emergency by a member – the fees specified in the item; (c) if an item of equipment mentioned in item 1.3 is used at the emergency by a member – the fees specified in the item. 3 Attendance if no fire or other emergency The fee specified in item 2 is payable if: (a) one or more members, with or without equipment, attends at a place in response to an alarm or call to the Fire and Rescue Service for attendance at a fire or other emergency; and (b) there is in fact no fire or other emergency at the place.

Schedule 4 Fees and charges Fire and Emergency Regulations 1996 24 4 NTFRS report (1) The following fees and charges are payable for the preparation of an NTFRS report in relation to a building: (a) the preparation fee specified in item 3.1; (b) if a member inspects the building: (i) a charge for the time the inspection takes at the rate specified in item 3.2; and (ii) if the distance the member travels to inspect the building exceeds 100 km (return trip) – a charge for the distance travelled at the rate specified in item 3.3; (c) if a member reinspects the building: (i) a charge for the time the reinspection takes at the rate specified in item 3.4; and (ii) if the distance the member travels to reinspect the building exceeds 100 km (return trip) – a charge for the distance travelled at the rate specified in item 3.3; (d) if a member attends an alternative solution meeting for the purpose of preparing the report – the fee specified in item 5; (e) if a fire engineering design review is undertaken for the purpose of preparing the report – the fee specified in item 6; (f) if a search is undertaken for the purpose of preparing the report – the fee specified in item 7. (2) The fee specified in item 4 is payable for a reassessment of an NTFRS report by a member. 5 Fire engineering design review (1) A fire engineering design review is a review of a building or a structural plan for a building to determine whether implementation of an alternative solution will result in the building complying with the performance requirements applicable to it under the Building Code. (2) A fire engineering design review includes an assessment of one or more of the following matters: (a) fire initiation, development and control;

Schedule 4 Fees and charges Fire and Emergency Regulations 1996 25 (b) smoke development, spread and control; (c) fire spread, impact and control; (d) fire detection, warning and suppression; (e) occupant evacuation and control; (f) fire brigade intervention. (3) If a fire engineering design review includes an assessment of: (a) only one of the matters mentioned in subclause (2) – it is a level 1 review; or (b) at least 2 but not more than 5 of the matters mentioned in subclause (2) – it is a level 2 review; or (c) all matters mentioned in subclause (2) – it is a level 3 review. (4) The fees specified in item 6 are payable for a fire engineering design review. 5A Fire alarm system monitoring fees The fee specified in item 8 is payable for monitoring a fire alarm system by NTFAST. 6 Other fees For another matter mentioned in the Table, the prescribed fee is specified opposite the matter. TABLE Item Particulars of fee or charge Fee or charge (revenue units) 1 Attendance at fire or other emergency 1.1 For each hour or part hour the member attends the emergency: (a) incident commander (b) member holding rank as station officer (c) other member 61 50 45

Schedule 4 Fees and charges Fire and Emergency Regulations 1996 26 Item Particulars of fee or charge Fee or charge (revenue units) 1.2 For each hour or part hour the vehicle is at the emergency: (a) vehicle capable of pumping: (i) up to 1 000 L per minute (ii) between 1 001 L and 3 000 L per minute (iii) more than 3 000 L per minute 115 172 230 (b) vehicle with hydraulic ladder 287 (c) emergency rescue vehicle 172 (d) other vehicle 57 1.3 For each hour or part hour the equipment is used at the emergency: (a) portable pump 69 (b) breathing apparatus 51 (c) fully encapsulating chemical suit 34 (d) use of foam generator 23 (e) fire hose 5 (f) salvage sheet 5 2 Attendance if no fire or other emergency For each attendance 924 3 Preparation of NTFRS report 3.1 Preparation fee for building with floor area of: (a) up to 700 m2 (b) between 701 m2 and 1 100 m2 (c) between 1 101 m2 and 1 500 m2 406 730 893

Schedule 4 Fees and charges Fire and Emergency Regulations 1996 27 Item Particulars of fee or charge Fee or charge (revenue units) (d) between 1 501 m2 and 2 000 m2 (e) over 2 000 m2 978 1 021 plus 8 for each 100 m2 over 2 000 m2 3.2 Inspection fee: (a) if inspection takes 2 hours or less (b) if inspection takes more than 2 hours 264 264 for the first 2 hours plus 132 for each additional hour or part hour 3.3 For each kilometre travelled in excess of 100 km 1 3.4 For each hour or part hour of reinspection 312 4 Reassessment of NTFRS report For each hour or part hour 156 5 Alternative solution meeting For each meeting 406 6 Fire engineering design review (a) level 1 (b) level 2 (c) level 3 397 652 1 304 7 Search of Integrated Land Information System or Fire and Rescue Service database by member For each search undertaken 33 8 Fire alarm system monitoring fees Annual fee 1 920

ENDNOTES Fire and Emergency Regulations 1996 28 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Fire and Emergency Regulations (SL No. 19, 1996) Notified 1 May 1996 Commenced 1 May 1996 Statute Law Revision Act (No. 2) 2001 (Act No. 62, 2001) Assent date 11 December 2001 Commenced 11 December 2001 (s 2(1) and (4), s 2 Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001), s 2 Corporations Act 2001 (Cth Act No. 50, 2001) and Cth Gaz S285, 13 July 2001) Statute Law Revision Act (No. 2) 2003 (Act No. 44, 2003) Assent date 7 July 2003 Commenced 7 July 2003 Fire and Emergency Amendment Regulations 2005 (SL No. 47, 2005) Notified 9 November 2005 Commenced 9 November 2005 Statute Law Revision Act 2007 (Act No. 4, 2007) Assent date 8 March 2007 Commenced 8 March 2007 Statute Law Revision Act 2008 (Act No. 6, 2008) Assent date 11 March 2008 Commenced 11 March 2008 Fire and Emergency Legislation Amendment Act 2009 (Act No. 39, 2009) Assent date 15 December 2010 Commenced 24 February 2010 (Gaz G8, 24 February 2010, p 11)

ENDNOTES Fire and Emergency Regulations 1996 29 Fire and Emergency Amendment Regulations 2011 (SL No. 29, 2011) Notified 29 June 2011 Commenced 1 July 2011 (r 2, s 2 Fire and Emergency Amendment Act 2010 (Act No. 49, 2010) and Gaz G26, 29 June 2011, p 8) Fire and Emergency Amendment (Smoke Alarm) Regulations 2011 (SL No. 43, 2011) Notified 31 August 2011 Commenced 1 November 2011 (r 2) Fire and Emergency Amendment Regulations 2017 (SL No. 14, 2017) Notified 29 June 2017 Commenced 1 July 2017 (r 2) Liquor Act 2019 (Act No. 29, 2019) Assent date 3 September 2019 Commenced 1 October 2019 (Gaz G39, 25 September 2019, p 2) Fire and Emergency Legislation Amendment Act 2024 (Act No. 5, 2024) Assent date 14 March 2024 Commenced 16 July 2024 (Gaz S67, 15 July 2024) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 17 and Sch 2 and 4. 4 LIST OF AMENDMENTS pt 1 hdg amd No. 29, 2011, r 11 r 2 amd No. 47, 2005, r 14; Act No. 4, 2007, s 7 sub No. 29, 2011, r 4 amd No. 43, 2011, r 4 r 3 rep No. 29, 2011, r 4 ins No. 29, 2011, r 5 pt 2 hdg amd No. 29, 2011, r 11 r 4 amd No. 47, 2005, r 14 sub No. 29, 2011, r 5 r 5 amd No. 47, 2005, r 3; No. 29, 2011, r 11 r 6 amd No. 47, 2005, r 4; No. 29, 2011, r 11 r 7 amd No. 47, 2005, r 5; No. 29, 2011, r 11 r 7A ins No. 47, 2005, r 6 amd No. 29, 2011, r 11 r 8 amd No. 47, 2005, r 7; No. 29, 2011, r 11 r 9 amd No. 47, 2005, r 8; No. 29, 2011, r 11 r 10 amd No. 47, 2005, r 9; No. 29, 2011, r 11 r 11 sub No. 47, 2005, r 10 amd Act No. 39, 2009, s 10; No. 29, 2011, r 11 r 11A ins No. 29, 2011, r 6 r 12 amd Act No. 44, 2003, s 6 sub No. 47, 2005, r 10; No. 43, 2011, r 5 pt 2A hdg ins No. 43, 2011, r 5 ins No. 43, 2011, r 5 rr 13 – 13H ins No. 43, 2011, r 5 pt 3 hdg sub No. 29, 2011, r 7

ENDNOTES Fire and Emergency Regulations 1996 30 r 13 sub No. 47, 2005, r 10 rep No. 29, 2011, r 7 rr 14 – 17 amd No. 47, 2005, r 14 sub No. 29, 2011, r 7 r 18 sub No. 29, 2011, r 7 r 18A ins No. 47, 2005, r 11 sub No. 29, 2011, r 7 amd Act No. 5, 2024, s 28 r 18B ins No. 47, 2005, r 11 amd Act No. 6, 2008, s 4 sub No. 29, 2011, r 7 pt 4 hdg amd No. 29, 2011, r 11 r 19 amd Act No. 62, 2001, s 7; No. 47, 2005, r 14; No. 29, 2011, r 11 r 20 rep No. 47, 2005, r 12 ins No. 29, 2011, r 8 amd No. 43, 2011, r 6; Act No. 5, 2024, s 29 r 21 rep No. 47, 2005, r 12 sch 1 rep No. 29, 2011, r 9 sch 2 amd No. 29, 2011, r 11; Act No. 29, 2019, s 350 sch 3 amd No. 47, 2005, r 13 sub No. 29, 2011, r 10 sub No. 43, 2011, r 7 sch 4 ins No. 29, 2011, r 10 amd No. 14, 2017, r 4

1 FIRE AND EMERGENCY REGULATIONS 1996

The Regulations operate through several recurring legal and administrative concepts that determine allocation of responsibility and enforcement mechanisms.

Owner versus occupier: Many duties are placed on the "occupier or, if there is no occupier, the owner" (for example regs 3 and 4). The instrument therefore distinguishes day-to-day control (occupier) from ultimate title-holding (owner) for liability allocation. Where the owner occupies the premises, owner-specific smoke alarm rules apply (reg 13C); where a tenant or hirer occupies, different maintenance obligations apply (reg 13D).
Prescribed buildings and targeted emergency planning: Regulation 11 prescribes classes of buildings in Schedule 2 for the purposes of s 27A(1) of the Act (reg 11(1AA)). The list includes hospitals, childcare centres, places of public entertainment, educational facilities, long-term residential accommodation for unrelated persons, shopping complexes, factories, fuel depots, licensed liquor venues where entertainment is provided, laboratories and office buildings. For these buildings the owner must provide instruction to workers, keep a register of instruction, apply AS 3745 to safety systems, maintain alarms and exits, and ensure exit locking devices comply with standards (reg 11(1)-(6)).
Incorporated technical standards: The Regulations repeatedly incorporate Australian Standards and the Building Code by reference (reg 2). Examples include AS 1674 for welding and allied processes (reg 9), AS 2444 for portable extinguishers (reg 9), AS 3786 for smoke alarms (reg 13A), AS 3745 for emergency planning (reg 11(5)), Building Code specifications for smoke alarm locations (reg 13B), and AS 2441 for fire hose reels in accommodation parks (reg 12(1)(c)). These incorporations mean technical compliance is defined externally and may change as those external standards change.
Smoke alarms regime: Part 2A establishes a regime that defines "approved smoke alarms" as photo-electric devices that comply with AS 3786 and are either wired or sealed 10 year lithium battery units (reg 13A(3)). It establishes installation rules tied to Building Code specifications (reg 13B), periodic testing and cleaning intervals (regs 13C-13E), tenant/hirer information obligations (reg 13D(1)(e)), a prohibition on interference with alarms (reg 13G), and transitional arrangements for existing ionisation alarms (13A(2)).
Infringement notices and prescribed amounts: Part 3 establishes that specified contraventions are "infringement notice offences" (reg 15). Schedule 3 enumerates those offences and sets the "prescribed amount" as a number of penalty units. Police and authorised persons may issue notices where they reasonably believe an offence occurred (reg 16), and notices must include procedural and enforcement information (reg 17).
Fees and fees-waiver power: Schedule 4 contains a comprehensive fees table for attendance at emergencies, false attendance, NTFRS reports, alternative solution meetings, fire engineering design reviews, searches and an annual fee for fire alarm system monitoring by NTFAST (item 8). The Commissioner retains a discretion to wholly or partly waive fees under reg 20(2) where payment would cause financial hardship or it is otherwise reasonable.

In brief, the main concepts are allocation of duties between owners and occupiers, incorporation of external technical standards, a targeted emergency-planning duty for specified building types, a detailed smoke alarm compliance regime that differentiates owners and tenants, an infringement notice enforcement pathway with prescribed expiation amounts, and a structured schedule of fees for services and reports.

The Regulations create obligations and potential liabilities across several actor categories and thereby distribute costs and decision authority.

Owners of land and buildings: Owners are the default responsible parties when there is no occupier (see regs 3 and 4 wording). Owners of prescribed buildings (as listed in Schedule 2) have multiple obligations: to give instruction to workers (reg 11(1)-(2)), keep a register of instruction and produce it on demand (reg 11(3)-(4)), apply AS 3745 to safety systems (reg 11(5)), maintain alarms and exits and comply with exit locking device standards (reg 11(6)), install and maintain smoke alarms in residential premises where they are the occupier (reg 13C) or at the start of a tenancy/hire arrangement (reg 13D(1)), and ensure accommodation parks meet spacing and planning criteria (reg 12(1)). Owners also pay fees for NTFRS reports and may be charged for attendance at incidents if applicable (Schedule 4).
Occupiers and tenants (private and commercial): Occupiers have primary duties where they control land (e.g. firebreaks reg 3, stacking regs 5-7A, flues reg 8, hot work reg 9). Tenants and hirers have active maintenance duties for smoke alarms during a tenancy or hire (reg 13D(2)), including testing at intervals not exceeding 12 months and replacing spent batteries and cleaning in accordance with provided information. Tenants or hirers cannot serve as the owner’s agent for satisfying Part 2A duties (reg 13F(2)).
Managers and operators of accommodation parks: Accommodation park owners must ensure separation distances around moveable dwellings, access for fire-fighting vehicles, installation of fire hose reels to AS 2441, accumulation prevention, an emergency management plan, staff training and distribution/display of the plan to occupants (reg 12(1)(a)-(g)). Those obligations attach to "accommodation park owner" as defined in reg 12(2).
Employers and persons working in prescribed buildings: Owners must instruct all persons who work in prescribed buildings on evacuation, location and use of fire-fighting equipment, warning apparatus, and for fire wardens, conducting evacuations and accounting for people (reg 11(1)-(2)). Workers are therefore recipients of employer-mandated instruction and may be designated as fire wardens with specific duties defined in that instruction (reg 11(2)(d)).
Fire and Rescue Service and authorised persons: The Regulations create an enforcement role for police and "authorised persons" who may issue infringement notices where they reasonably believe an offence has occurred (reg 16). Members and the Fire and Rescue Service are the recipients of fees for attendance and for NTFRS reports and monitoring services as set out in Schedule 4. The Commissioner may authorise persons to withdraw infringement notices (reg 18A(1)(c)).
Buyers, sellers, landlords and prospective tenants: Transitional rules for ionisation smoke alarms create timing triggers tied to sale, tenancy and hire events (reg 13A(2)(b)-(d)). If an owner sells, or agrees to a tenancy/hire, the exemption for pre-existing ionisation alarms ends on the day before settlement or before the tenancy/hire takes effect. Consequently property transactions and leasing events are operative triggers affecting compliance obligations.

Who pays: Primarily owners and occupiers pay costs of compliance , installation and maintenance of alarms (regs 13A-13D), clearing firebreaks and storage controls (regs 3-7A), preparing emergency plans and training staff in prescribed buildings (reg 11), and meeting accommodation park standards (reg 12). Where the Fire and Rescue Service attends an incident, Schedule 4 prescribes fees for attendance, and a fee applies even for false attendances (item 2). Individuals may pay prescribed amounts under infringement notices (Part 3, Schedule 3) if authorised officers issue them. The Commissioner can waive fees under reg 20(2) where payment would cause financial hardship or it is otherwise reasonable.

Decision-makers: Owners and occupiers decide how to comply; authorised enforcement officers and police decide whether to issue infringement notices; the Commissioner has fee-waiver discretion (reg 20(2)) and can authorise withdrawal of infringement notices (reg 18A). The Building Code and Australian Standards bodies determine detailed technical specifications by virtue of incorporation by reference.

This section summarises the primary duties and rights created by the Regulations, citing the operative provisions.

Duties

Firebreak and vegetation control: The occupier, or if none the owner, of land within an "emergency response area" must create and maintain a firebreak along the entire boundary at least 4 m wide composed of bare earth, low grass, lawn or cultivated garden, subject to limited tree exceptions where trees do not impede firefighting vehicles or create direct/indirect fire danger (reg 3(1)-(3)). Maximum penalty: 100 penalty units.
Prevention of dangerous accumulation: The occupier or owner must ensure flammable or combustible material does not accumulate in a way that constitutes a fire danger (reg 4). Maximum penalty: 100 penalty units.
Stacking and storage controls: Specific dimensional and separation controls apply to stacks of empty containers (reg 5), sawn timber and wood (reg 6), bulk flammable materials in enclosed buildings (reg 7(b)), and tyres (reg 7A). Each provision sets minimum passage widths, maximum stack heights, base widths and clearances from structures and boundaries. Maximum penalty: generally 100 penalty units (see regs 5-7A).
Flue inspection and cleaning: Occupier must ensure flue inspection ports are fitted, inspected at least twice annually and cleaned at least annually (reg 8). Maximum penalty: 100 penalty units.
Hot work and fire extinguishers: Occupiers where cutting, heating or welding equipment is used as part of a business must ensure an appropriate fire extinguisher is readily accessible and, where fire risk exists, protective screens are used (reg 9(1)). Persons using such equipment must ensure welding residue is contained and extinguished (reg 9(2)). Maximum penalty: 100 penalty units.
Oily waste containment: Occupiers of certain industrial premises must provide adequate steel containers with tight-fitting lids for oily rags and waste (reg 10). Maximum penalty: 100 penalty units.
Emergency planning and instruction in prescribed buildings: Owners of prescribed buildings must give instruction to workers within 30 days of starting in the building and at least annually thereafter; keep and produce an instruction register; apply AS 3745 to safety systems; and maintain alarms, exit lighting, emergency lighting and firefighting equipment according to relevant standards; prevent obstruction of exits and improper storage in stairways; and ensure exit locking devices comply with relevant standards (reg 11(1)-(6)). Maximum penalties: 100 penalty units for many obligations; 20 penalty units for keeping the register (reg 11(3)).
Evacuation: A person must evacuate a building when an alarm has been activated and a person in charge or nominated fire warden directs evacuation (reg 11A). Maximum penalty: 100 penalty units.
Accommodation parks: Owners must ensure moveable dwellings are separated by at least 3 m, ensure fire-fighting vehicle access, install hose reels to AS 2441, prevent dangerous accumulations, prepare and circulate an emergency management plan, and train staff (reg 12(1)). Maximum penalty: 100 penalty units.
Smoke alarms installation and maintenance: Owners of residential premises or moveable dwellings must install approved smoke alarms in accordance with reg 13B (reg 13A(1)). Owners and tenants/hirers have defined testing, replacement and cleaning duties depending on occupancy status (regs 13C, 13D). Testing methods are prescribed (reg 13E). There is a prohibition on interference with alarms, subject to limited exceptions for compliance (reg 13G). Maximum penalties vary; reg 13A(1) carries a maximum 10 penalty units and other smoke alarm contraventions are listed as infringement notice offences in Schedule 3.
Agent rule: An owner may discharge Part 2A obligations through an agent, but not a tenant or hirer where the premises are subject to tenancy or hire (reg 13F).

Rights and procedural protections

Expiation and election: Where an infringement notice is issued, the notice must inform the recipient that payment of the prescribed amount expiates the offence and avoids further action, or that the recipient may elect to have the matter dealt with by a court under the Fines and Penalties (Recovery) Act 2001 (reg 17(2)(a)-(b)).
Withdrawal of an infringement notice: The person who issued the notice, an authorised police officer, or a person authorised by the Commissioner, may withdraw an infringement notice within 28 days and before payment (reg 18A(1)-(2)).
Continuation of prosecution option: Part 3 does not bar commencement or continuation of proceedings for an offence for which an infringement notice has been given unless the offence is expiated, and it does not prevent more than one infringement notice for the same offence (reg 18B(1)-(3)). This means issuing an infringement notice is a parallel route rather than an exclusive one.
Fee waiver: The Commissioner may wholly or partly waive fees under the Act if satisfied that payment would cause financial hardship or if it is reasonable in the circumstances (reg 20(2)). This creates administrative discretion to mitigate fee burdens.

These duties create concrete compliance tasks (installation, testing, cleaning, training, record-keeping, spatial separation and equipment provision). The procedural rights in Part 3 provide a defined enforcement pathway that allows expiation, election to be heard in court, and administrative withdrawal, while leaving open prosecutorial action.

The Regulations set out a two-tiered enforcement structure combining maximum criminal penalties on conviction with an administrative infringement notice regime, and also specify a matrix of fees recoverable for Fire and Rescue Service activities.

Maximum penalties on conviction

Many of the core duties carry maximum penalties described directly in each regulation. Examples include:
- Firebreaks (reg 3): Maximum penalty 100 penalty units.
- Accumulation of flammable material (reg 4): Maximum penalty 100 penalty units.
- Stacked containers, timber, flammable material, tyres (rr 5, 6, 7, 7A): Maximum penalty 100 penalty units.
- Flues (reg 8), cutting/heating/welding equipment duties (reg 9), oily waste (reg 10), emergency-planning requirements for prescribed buildings (reg 11(1) and various subregs): Maximum penalty 100 penalty units.
- Smoke alarm installation requirement (reg 13A(1)) and prohibition against interference (reg 13G(2)): Maximum penalty 10 penalty units (reg 13A(1) shows max 10 penalty units; reg 13G(2) likewise).
- Certain register-keeping duties for prescribed buildings carry a lower maximum penalty of 20 penalty units (reg 11(3)).
The Regulations do not spell out the monetary value of a penalty unit; the prescribed amounts for expiation notices are set in Schedule 3 in units and Schedule 3 cross-references the monetary value via reg 15(2), which states the prescribed amount is equal to the monetary value of the number of penalty units specified.

Infringement notice (expiation) scheme

Part 3 sets out that specified contraventions are "infringement notice offences" (reg 15(1)). Schedule 3 lists the provisions that attract infringement notices and the number of penalty units that make up the prescribed amount for expiation. For example:
- Many of the general requirement provisions (reg 3(1) and (4), reg 4, regs 5, 6, 7, 7A(1)-(3), 8, 9(1)-(2), 10, 11(1) and (3)-(6), 11A and 12(1)) are listed with a prescribed amount equal to 4 penalty units (Schedule 3).
- Regulation 13A(1) (owner obligation to install smoke alarms) has a prescribed amount of 1 penalty unit (Schedule 3).
- Regulation 13G(2) (no interference) is listed with 1 penalty unit under Schedule 3.
- Maintenance contraventions in regs 13C(2) and 13D(1)-(3) are listed with a prescribed amount of 0.5 penalty units (Schedule 3).
A police officer or authorised person may issue an infringement notice where there is a reasonable belief a person has committed such an offence (reg 16). The notice must include particulars about the offence, prescribed amount, and state the options available to the recipient including expiation by payment within 28 days or electing court proceedings under the Fines and Penalties (Recovery) Act 2001 (reg 17(1)-(2)).
Enforcement actions available under the Fines and Penalties (Recovery) Act 2001 are listed in the mandatory statement to be included in the infringement notice, and include seizure, wage deduction, registration of statutory charge on land, suspension of licence to drive and community work orders, and in some circumstances imprisonment for failure to comply with community work orders (reg 17(2)(c)). The Regulations thereby tie the expiation pathway into the broader recovery mechanisms of the Territory’s fines enforcement regime.
Withdrawal: The issuer, an authorised police officer or a person authorised by the Commissioner may withdraw an infringement notice in writing within 28 days and before payment (reg 18A(1)-(2)). The retention of withdrawal power provides administrative flexibility.
Concurrent proceedings: Part 3 does not prevent court proceedings from starting or continuing for an offence even if an infringement notice has been given unless the offence is expiated (reg 18B(1)). It also does not require that an infringement notice be given and permits multiple notices for the same offence (reg 18B(2)-(3)).

Operational enforcement actors

Police and other "authorised persons" are empowered to issue infringement notices (reg 16). The Regulations do not itself define the detailed process for authorising persons; that function sits with the Commissioner or the Act or administrative instruments.
Members of the Fire and Rescue Service are conduits for producing NTFRS reports, attending incidents and charging associated fees set out in Schedule 4. Those fees apply to attendances, false attendances (item 2), and NTFRS report preparation, inspection and reinspection fees (items 3-4). The Schedule also contains hourly rates for personnel and vehicles (item 1), fees for alternative solution meetings and fire engineering design reviews (items 5-6), and an annual monitoring fee for NTFAST (item 8).

Financial enforcement and cost exposure

Two layers of financial exposure exist: small expiation amounts for administrative disposal via infringement notices (Schedule 3, reg 15) and potential large fines on conviction up to the maximum penalty units stated in the regulations (e.g. 100 penalty units for many contraventions).
Separate from penalties, Schedule 4 creates chargeable costs for services by the NTFRS that can be recovered as fees. Examples include per-hour member attendance fees (item 1.1), vehicle-hour fees (item 1.2), equipment usage fees (item 1.3), and a fixed fee for false attendance of 924 revenue units (item 2). The Schedule also sets fees for NTFRS reports by building floor area and inspection time (item 3).
The Commissioner may waive fees under reg 20(2) when satisfied payment would cause financial hardship or it is reasonable to do so, creating an administrative mitigation path.

In combination, enforcement is implemented by authorised officers and the Fire and Rescue Service using a mixture of administrative fines, prosecution and fee-for-service recoveries. The instrument ties expiation to the Territory’s fines enforcement machinery to enable debt recovery actions beyond simple notice payment.

The Regulations operate in a network of references to standards, the principal Act and other statutory regimes. The text explicitly cross-references and imports obligations from several external instruments.

Fire and Emergency Act 1996: These Regulations are made under that Act. The Regulations implement duties required by or supplementing the Act. For example, reg 11(1AA) prescribes the Schedule 2 classes of buildings for section 27A(1) of the Act. Regulation 19 explicitly prescribes the rank of District Officer for the purposes of s 44 of the Act. The Regulations therefore function as subordinate legislation giving effect to the Act’s regulatory architecture.
Building Code of Australia and Building Act processes: Installation locations for smoke alarms in residential premises are specified by reference to Building Code specifications (reg 13B). Additionally, Schedule 4 fees include charges in connection with alternative solution meetings, fire engineering design reviews and NTFRS reports that align with assessments required for building approvals and compliance with the Building Code (Schedule 4 cl 2-6). The Regulations therefore intersect with the building approval and compliance regime; builders, designers and owners will face overlapping obligations: meeting Building Code "deemed-to-satisfy" provisions or preparing alternative solutions subject to review fees (Schedule 4 item 5-6).
Australian Standards: The Regulations incorporate Australian Standards by reference as the operative technical benchmarks (reg 2). Examples include AS 1674 for welding safety invoked in reg 9, AS 2444 for portable fire extinguishers (reg 9), AS 3786 for smoke alarms (reg 13A), AS 3745 for emergency planning (reg 11(5)) and AS 2441 for fire hose reels (reg 12(1)(c)). Because these standards are defined "as in force from time to time" (reg 2), updates to those standards will alter the technical default required by the Regulations without statutory amendment.
Fines and Penalties (Recovery) Act 2001: The infringement notice mechanism is tied to recovery and enforcement mechanisms under that Act. Regulation 17 requires infringement notices to advise recipients of options to pay the prescribed amount within 28 days to expiate the offence or elect to go to court under s 21 of the Fines and Penalties (Recovery) Act 2001. The notice must also include a description of enforcement actions available under that Act (reg 17(2)(c)). Thus the Regulations outsource debt recovery and enforcement measures to that Act’s machinery.
Liquor Act 2019: Schedule 2 references "Buildings licensed under the Liquor Act 2019 for the sale of liquor for consumption on the buildings and where entertainment is provided" as prescribed buildings (Schedule 2). That reference invokes cross-sector responsibilities where premises licensed under the Liquor Act become subject to the emergency planning and other owner obligations in reg 11.
Building Act 1993 and NTFRS reporting: Schedule 4 explicitly treats NTFRS reports as a "report by the Fire and Rescue Service as a reporting authority under the Building Act 1993" (Schedule 4 cl 4). Fees for NTFRS reports therefore intersect with statutory reporting required under the Building Act.
Administrative discretion and waiver powers: The Commissioner has express power to waive fees under the Act (reg 20(2)). That power interacts administratively with fee liabilities imposed in Schedule 4 and the Act’s fee regime.

Practical implications of these interactions

Technical compliance is multi-sourced: a regulated entity must read the Regulations, applicable Australian Standards "as in force", and the Building Code specifications. Because the standards and code are incorporated by reference and update "as in force from time to time" (reg 2), compliance obligations can change following an amendment to those external instruments without amendment to the Regulations.
Enforcement and recovery are co-ordinated across statutes: the infringement notice scheme plugs into the Fines and Penalties (Recovery) Act to enable recovery steps, and the NTFRS report fees are linked to Building Act reporting processes. This creates multiple administrative pathways to achieve the Regulations’ aims but also requires compliance actors to coordinate across statutory and administrative processes.
Transactional triggers: The Regulations tie certain obligations to transactional events in property and tenancy contexts. For example, the ionisation smoke alarm transitional exception ends on sale settlement or prior to commencing tenancy/hire (reg 13A(2)(b)-(d)). This produces interactions with conveyancing and tenancy law practices.

Overall the Regulations are tightly interwoven with building regulation, technical standards regimes and fines recovery law, obliging owners and occupiers to coordinate compliance across multiple legal instruments.

The instrument contains an endnote chronology that records its enactment and subsequent amendments. The Regulations were originally made as Fire and Emergency Regulations (SL No. 19, 1996), notified and commenced on 1 May 1996. The following, drawn from the Regulations’ endnotes, summarise the amendment timeline and the principal modifications recorded in the reprint.

2001-2003: Statute Law Revision changes affecting r 2 and other formal amendments were made by the Statute Law Revision Act (No. 2) 2001 and 2003, with relevant commencement and assent dates recorded in the endnotes.
2005: Fire and Emergency Amendment Regulations 2005 (SL No. 47, 2005) were notified on 9 November 2005 and commenced the same day. That instrument inserted a number of provisions and is referenced frequently in the list of amendments to particular regulations (see the endnotes list of amendments).
2007-2008: Formal amendments under the Statute Law Revision Acts 2007 and 2008 are recorded, with commencement dates in March 2007 and 2008 respectively.
2009-2010: Fire and Emergency Legislation Amendment Act 2009 (Act No. 39, 2009) has amendment entries and the endnotes indicate commencement on 24 February 2010 (Gazette reference provided).
2011: A significant set of modifications were made by Fire and Emergency Amendment Regulations 2011 (SL No. 29, 2011), notified 29 June 2011 and commenced 1 July 2011. Those amendments include the insertion of Part 2A dealing with smoke alarms by Fire and Emergency Amendment (Smoke Alarm) Regulations 2011 (SL No. 43, 2011), which were notified 31 August 2011 and commenced 1 November 2011. The insertion of the smoke alarm regime (rr 13-13H) and related changes are recorded in the endnotes and the table of amendments.
2017: Fire and Emergency Amendment Regulations 2017 (SL No. 14, 2017), notified 29 June 2017 and commenced 1 July 2017, updated Schedule 4 and other items.
2019: The Liquor Act 2019 (Act No. 29, 2019) amended Schedule 2 by adding licensed premises where entertainment is provided to the class of prescribed buildings. Commencement was 1 October 2019.
2024: Fire and Emergency Legislation Amendment Act 2024 (Act No. 5, 2024) received assent on 14 March 2024 and its amendments to the Regulations commenced on 16 July 2024. The endnotes show amendments to regulations 18A and 20 and other technical changes in the list of amendments.

The endnotes specifically list which regulations were amended, inserted or repealed across these instruments. Notable structural changes include:

Insertion of Part 2A and the smoke alarm regime in 2011 (rr 13-13H).
Addition of reg 11A (evacuation) in the 2011 amendments.
Inclusion and subsequent amendment of Schedule 4 fees in 2011 and 2017.
Updates to the prescribed buildings in Schedule 2, including the post-2019 addition of licensed liquor venues used for consumption and entertainment.

The Regulations have therefore been subject to episodic updates addressing smoke alarms, fees and administrative matters. The effect of these amendments is visible in the present text, for example the transition rule for pre-existing ionisation alarms (reg 13A(2)) which reflects the smoke alarm-specific amendments.

Limitations of the amendment history provided

The endnotes provide a chronological list of amending instruments, commencement dates and short descriptions of which parts were affected. They do not provide the full text of the amending instruments nor the parliamentary materials or policy rationales that accompanied those amendments. Where the Regulations refer to external standards "as in force from time to time" (reg 2), updates to those standards after the amendment dates are not captured by the endnotes and must be checked against the current versions of the respective standards.
For regulatory compliance or due diligence, users should consult the original amending instruments and the consolidated Statute Law reprint (this text records amendments up to 16 July 2024) for precise language changes and transitional arrangements.

The Regulation text and the endnotes supplied do not record any judicial decisions, appeals or case law that interpret these Regulations. The instrument itself names no cases, refers to no judicial determinations, and the endnotes catalogue legislative amendments rather than litigation.

Practical consequences of the absence of recorded litigation in the instrument

No precedent entries: The reprinted Regulations do not provide a statutory annotation reflecting judicial interpretation. For interpretive questions (for example, the meaning of "emergency response area" in reg 3 or the scope of "danger by fire" in reg 4) the statutory text must be read in context and contrasted with any existing case law not cited in the instrument. Practising lawyers should therefore search external litigation databases and Territory court decisions for cases that interpret any of the regulations if settled interpretation is required.
Enforcement practice likely shapes common law exposition: In the absence of reported appellate decisions, enforcement officers’ and the Commissioner’s administrative practice and any published guidance from the NT Fire and Rescue Service will be influential in operationalising ambiguous provisions (for example, what constitutes sufficient instruction under reg 11(2), or the precise scope of AS 3745 application under reg 11(5)). Users should therefore obtain administrative guidance and, where appropriate, request directions or written policies from the relevant agency.
Dispute pathways: The Regulations provide procedural recourse where infringement notices are issued, including expiation, election to move to court under the Fines and Penalties (Recovery) Act 2001 (reg 17(2)(b)), and potential withdrawal by the issuer (reg 18A). Even with no reported litigation in the instrument, the statutory route to contest enforcement is available and likely the primary litigation entry point.

If the reader requires a search for case law applying these Regulations, that must be performed against court and tribunal databases outside the regulation text. The Regulations themselves contain no litigation history or named decisions.

This section lists practical traps, transitional quirks and potential pitfalls visible in the Regulations themselves that commonly cause non-compliance or surprise.

Owner versus occupier distinctions can shift responsibility: Many duties are framed as obligations on the occupier or, if there is no occupier, the owner (for example regs 3 and 4). That means liability may shift depending on who is physically in control of the land or building. In multi-tenanted or managed premises the question of who is the "occupier" in practice can be a live issue. Check actual possession arrangements and leases.
Transitional exemption for ionisation alarms is narrowly event-driven: Regulation 13A(2) preserves pre-existing ionisation alarms from immediate replacement only until a precise set of triggers: the day the alarm ceases to function, the day before settlement if the owner contracts to sell, or the day before a tenancy or hire agreement takes effect or is renewed/extended. Misreading the exemption window could leave sellers, buyers, landlords or tenants exposed. The owner must replace the alarm at the earlier of those events. The exemption therefore does not provide blanket grandfathering on transfer or letting.
Incorporation by reference to external standards creates moving targets: The Building Code and Australian Standards are incorporated "as in force from time to time" (reg 2). That means technical compliance requirements can change when those external instruments are updated, without amendment of the Regulations. Practitioners should confirm the current edition of the cited standards when advising clients and document which edition was used for compliance.
"Emergency response area" is used but not defined in these Regulations: Regulation 3 requires firebreaks "in an emergency response area" but the Regulations do not define that term. The absence of a definition here means the relevant designation likely arises under the Act or via local declaration. Users must check the Act or local administrative declarations to determine if land falls in an emergency response area.
Dual enforcement pathways and multiple monetary hits: Many contraventions are both infringement notice offences with modest expiation amounts (Schedule 3 prescribed units) and carry high maximum penalties on conviction (often 100 penalty units). Receipt of an infringement notice does not prevent subsequent prosecution unless the offence is expiated (reg 18B(1)). A recipient who ignores an infringement notice risks escalation via the Fines and Penalties (Recovery) Act or prosecution in court.
Owner-agent rule and tenant restrictions: Owners may satisfy smoke alarm obligations by appointing an agent (reg 13F(1)), but tenants or hirers cannot act as the owner’s agent where the premises are subject to tenancy or hire agreements (reg 13F(2)). Where owners attempt to rely on tenant actions for compliance, validate whether that arrangement contravenes reg 13F(2).
Smoke alarm maintenance split: Owners have maintenance responsibilities when they occupy premises (reg 13C) and obligations at commencement of a tenancy/hire to test, replace and provide written information (reg 13D(1)). Tenants/hirers then assume testing and battery replacement duties during tenancy (reg 13D(2)). Failure to document the handover and the written information provided to the tenant may create disputes about compliance and liability for repairs or replacement.
Removal and interference exceptions are narrow: Regulation 13G(2) forbids removal of an alarm or its battery or doing anything that reduces its effectiveness, subject to regulation 13H(2) which allows removal of smoke alarms not required under reg 13A. Practically speaking, moving alarms because of nuisance activations must be done in a way that remains compliant with reg 13B and documented. Casual removal to stop nuisance beeping may be an offence.
Record-keeping and inspection rights: Owners of prescribed buildings must maintain a register of training details and produce it for inspection on demand by "a member" (reg 11(3)-(4)). Failure to keep contemporaneous records or to produce them on request can attract penalties.
Fees for non-fire attendances are significant: Schedule 4 item 2 sets a fixed fee for attendance where in fact there is no fire or emergency (for example false alarm response) of 924 revenue units. Checks should be made on what constitutes an attendance and who will be billed, and on whether an operator can obtain fee waivers under reg 20(2).
Spatial requirements in accommodation parks and tyre stacks are prescriptive: Accommodation parks must maintain 3 m separations and ensure fire-fighting vehicle access (reg 12(1)(a)-(b)). Tyre stacks have detailed limits on stack size, slope, separation distances and permitted fire-rated walls (reg 7A). Non-compliance may require significant physical works and can cause unexpected capital costs when an audit reveals substandard layouts.
NTFRS report and review fees can be material: Schedule 4 item 3 sets preparation fees for NTFRS reports with escalators for floor area; item 6 sets fees for fire engineering reviews up to 1,304 revenue units for level 3 reviews. Entities seeking alternative solutions under the Building Code should budget for these costs.

Each "gotcha" stems from a specific regulatory clause; the practical effect is that owners, occupiers, conveyancers and property managers must map statutory triggers, transaction timing, and division of responsibilities so as to avoid overlapping liability.

Below are concrete, actionable steps grounded in the Regulations’ text to reduce legal and enforcement risk. Compliance must be tailored to premises type, building classification, occupancy arrangements and the external standards that are incorporated.

Identify applicable obligations and actors
- Determine whether land or building is in an "emergency response area" (reg 3) by consulting the Act or local declarations. Establish who is the occupier (day-to-day controller) and who is the owner under property records. Duties often attach to the occupier or, if none, the owner (regs 3-4).
- Identify whether a building is a "prescribed building" under Schedule 2 for reg 11 emergency-planning obligations.
Firebreaks and vegetation control
- If land is within an emergency response area, create and maintain a continuous firebreak along the entire boundary at least 4 m wide composed of bare earth, grass not exceeding 50 mm, lawn or cultivated garden. Where trees exist on the firebreak, ensure they do not restrict fire-fighting vehicles or pose fire danger (reg 3(2)-(3)). Document maintenance schedules and inspection dates.
Storage and stacking regimes
- For stacks of empty containers ensure maximum stack height 2 m, base no more than 2 m wide, 1 m access passageways around stacks and 4 m clearance from structures and boundaries (reg 5).
- For sawn timber/wood adhere to 3 m max height, 2.5 m base width, 1.5 m access passages, 4 m cleared ground around stacks and 4 m distance from structures/boundaries (reg 6).
- For bulk flammable materials in buildings comply with bay dimensions not exceeding 3 m length/width, stacks at least 75 cm below ceilings, 1.5 m passageways between bays and 4 m distance from boundary (reg 7).
- For tyres follow the dimensions, groupings and separation or wall-fire-rating requirements in reg 7A.
Flues, hot work and oily waste
- Ensure fume/exhaust flues have inspection ports, are inspected at least twice annually and cleaned at least annually; keep inspection records (reg 8).
- For hot work operations under AS 1674, provide extinguishers per AS 2444, and protective screening where necessary; ensure welding residue is contained and extinguished (reg 9).
- For premises such as workshops, provide steel containers with tight-fitting lids for oily waste (reg 10). Maintain records of container provision and disposal.
Emergency planning for prescribed buildings
- For each prescribed building in Schedule 2, prepare and implement an emergency plan in accordance with AS 3745 for safety systems, including alarm and exit maintenance regimes (reg 11(5)-(6)).
- Provide worker instruction within 30 days of commencing work and annually thereafter on access/egress, locations and use of fire-fighting equipment and warning apparatus, and fire warden duties (reg 11(1)-(2)). Maintain a register recording the information given, the person responsible, dates and recipients (reg 11(3)). Ensure the register is available for inspection by a member (reg 11(4)).
- Implement evacuation directives and training for fire wardens; ensure designated exits are unobstructed and locking devices comply with Australian Standards (reg 11(6)).
Accommodation parks
- Ensure spacing of moveable dwellings at least 3 m from one another at every point and adequate internal roadway access for fire-fighting vehicles (reg 12(1)(a)-(b)). Install fire hose reels to AS 2441 and prepare an emergency management plan that is given to each occupant and displayed in a prominent place (reg 12(1)(c), (e)-(g)). Train staff and document training.
Smoke alarms - installation, testing and maintenance
- Owners must install "approved smoke alarms" (photo-electric AS 3786 compliant and either wired or sealed 10 year lithium battery units) in all residential premises and moveable dwellings per reg 13A(1) and reg 13B. If a building is classed under the Building Code, install in locations cited by the Building Code specifications referenced in reg 13B.
- If the premises currently have ionisation alarms, confirm whether the transitional exemption applies and identify the trigger events that terminate the exemption per reg 13A(2). Prepare a replacement plan tied to sale, tenancy or the alarm’s failure.
- Owners who occupy their premises must test each alarm at least every 12 months, immediately replace non-functioning alarms, promptly replace spent standby batteries in wired alarms and clean alarms at intervals not exceeding 12 months in accordance with manufacturers’ instructions (reg 13C).
- For tenancies and hire agreements, owners must test and ensure alarms are functional within 30 days before tenancy or hire commencement, clean and, where necessary, replace standby batteries and provide written information to the tenant/hirer about testing and maintenance (reg 13D(1)(a)-(e)). Tenants/hirers must test alarms at least every 12 months, advise owners as soon as practicable of any non-functioning alarm and replace standby batteries and clean alarms per the information statement (reg 13D(2)).
- Use the test methods prescribed in reg 13E (press the test button if provided or use the manufacturer’s instructions). Keep written records of tests and maintenance and provide the information statement to tenants/hirers.
Delegation and agents
- Owners may appoint an agent to perform Part 2A obligations (reg 13F(1)). Ensure the agent’s engagement contract sets out responsibilities and evidence of performance. Avoid having a tenant/hirer act as the owner’s agent where the premises are subject to tenancy or hire (reg 13F(2)).
Avoid interference and document changes
- Do not remove alarms, batteries or do anything reducing alarm effectiveness except as authorised by the Regulations (reg 13G(2)). If moving an alarm because of nuisance activations, re-site it consistent with reg 13B(4) and record the new location and reason.
Recordkeeping and registers

Keep the prescribed-building instruction register (reg 11(3)) and any smoke alarm test and maintenance records, written information provided to tenants/hirers, and agent appointment records. Produce registers for inspection on demand by a member (reg 11(4)).

Prepare for inspections, reports and fees

Budget for Schedule 4 fees for NTFRS reports, alternative solution meetings and fire engineering design reviews where applicable. If concerned about fees due to financial hardship, consider applying to the Commissioner for a full or partial waiver under reg 20(2).
Where the Fire and Rescue Service attends an incident, be aware that Schedule 4 item 1 sets hourly rates for attendance by members, vehicles and equipment, and that item 2 sets a fee for attendance when there is no fire or emergency.

Enforcement and dispute response

If served with an infringement notice, note the 28-day payment window and the right to elect court proceedings under the Fines and Penalties (Recovery) Act 2001 (reg 17(2)). Consider whether expiation is appropriate or whether to contest in court.
If a tenant reports an alarm problem during tenancy, owners must test and replace if faulty as soon as practicable after notification (reg 13D(3)).

Liaise with designers and builders on Building Code matters

For building projects where alternative solutions to the Building Code are considered, anticipate NTFRS involvement and associated fees for alternative solution meetings and fire engineering reviews (Schedule 4 cl 4-6). Engage early to reduce rework and to budget for review fees (Schedule 4 items 5-6).

Periodic compliance audits

Implement periodic compliance reviews that map obligations to premises types: e.g. annual smoke alarm testing schedules, quarterly site checks for stacking and storage, annual flue inspection logs, and annual review of emergency plans and training registers for prescribed buildings (reg 11(1)(b)).

By following these operational steps and documenting actions, owners and occupiers materially reduce the risk of infringements, administrative fines, and prosecution. For complex or contested compliance questions, seek a legal or technical opinion with reference to the current editions of the Building Code and Australian Standards incorporated by the Regulations.

FIRE AND EMERGENCY REGULATIONS 1996

Plain English Summary

Deep Dive

What it does

Current sections

FIRE AND EMERGENCY REGULATIONS 1996

Source text: opening excerpt

1 FIRE AND EMERGENCY REGULATIONS 1996

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply