These regulations set out who must keep fire-safety systems working, who may install or service them, and what higher‑risk buildings must do about evacuation planning. They create a permit regime (including a Mutual Recognition pathway), require approved fire evacuation plans for specified buildings, impose record-keeping and testing duties on occupiers and owners, and give the Chief Officer powers to approve, vary, declare and enforce compliance.
These regulations, the General Fire Regulations 2021, set out an operational regulatory framework for building fire safety in the jurisdiction. Mechanically, they do the following.
Define the regulated populations and objects: they identify two key building categories, "prescribed building" (reg 4) and "specified building" (reg 5), and list what counts as an "essential service" and as "fire protection equipment" and "fire protection system" (reg 3(1); Schedule 1).
Create duties on occupiers and, in parallel, owners, around the maintenance, testing and accessibility of fire protection equipment and essential services, including mandatory routine servicing (regs 6-7), record-keeping (reg 7(4)-(5)), and restrictions on placing items that interfere with essential services (reg 34).
Establish a permit regime for persons who install, routinely service or repair fire protection equipment (regs 8-13). Permits are discretionary, generally time-limited (up to five years, reg 9), non-transferable and non-renewable (reg 10), and subject to conditions and review (regs 11-13). The regulations also accommodate mutual recognition (deemed registration) under the Commonwealth Mutual Recognition Act 1992 (reg 7A).
Require specified buildings to have an approved fire evacuation plan (reg 20) and to follow a staged approval process: guidelines (reg 21), in-principle approval (reg 22), practice evacuation and final approval (reg 23), with ongoing duties once final approval is given (regs 24-31). The rules include timing constraints (practice evacuation within 60 days, reg 23; annual practice evacuations, reg 24), notice requirements (reg 24(3)(a)), posting and training obligations (reg 28).
Empower the Fire Service and authorised persons to act operationally: they may isolate malfunctioning systems (reg 16), require repetition of unsatisfactory practice evacuations (reg 25), and enforce access to equipment (reg 15). The Chief Officer has multiple executive discretions: issuing/refusing, varying and cancelling permits (regs 8, 11, 12), declaring buildings "specified" (reg 5(3)), approving water supplies (reg 36(4)), publishing guidelines (reg 21) and providing assistance in plan preparation (reg 22(3)).
Current sections
Direct links to the current provisions in General Fire Regulations 2021.
test, of fire protection equipment, includes any inspection done in connection with the test.
(2) An expression used in these regulations and defined in the NCC has the same meaning in these regulations as in that code.
(3) An expression used in these regulations and defined in the Building Act 2016 or the Building Regulations has the same meaning in these regulations as in that Act, or in the Building Regulations, respectively.
(4) For the purpose of subregulations (2) and (3) , if there is any inconsistency between a definition in the NCC and a definition in the Building Act 2016 or the Building Regulations, the definition in the NCC prevails.
(5) A standard, rule, code or specification adopted by these regulations –
(a) forms part of these regulations subject to any modification expressed in the regulation adopting the standard, rule, code or specification; and
(b) applies only in respect of any regulation that refers to it, unless otherwise stated; and
(c) is to be interpreted so as to give effect to the intent of these regulations.
(6) In these regulations –
(a) a reference to a standard as “AS” followed by a number is a reference to the standard of that number published by Standards Australia, as set out in Schedule 2 ; and
(b) a reference to a standard includes a reference to that standard as amended and in force for the time being and a standard published in substitution for that standard.
4
Meaning of prescribed building
4 Meaning of prescribed building
For the purposes of these regulations, a prescribed building is –
(a) a Class 1b building that is used to provide supported accommodation for persons with physical, developmental or psychiatric disabilities; or
(b) a Class 2, Class 3, Class 5, Class 6, Class 7, Class 8 or Class 9 building.
5
Meaning of specified building
5 Meaning of specified building
(1) For the purposes of these regulations, a specified building is any of the following:
(a) a building that is capable of accommodating more than 200 persons, as estimated or determined in accordance with Table D1.13 of the NCC;
(b) a building that, under an occupancy permit issued under the Building Act 2016 , more than 200 persons are entitled to use at any one time;
(c) a building that is used to provide residential accommodation as part of an educational institution;
(d) a building that is used to provide residential accommodation for persons requiring medical, psychiatric or geriatric care;
(e) a building that is used to provide supported accommodation for persons with physical, developmental or psychiatric disabilities;
(f) a building that is used as or for a hostel, boarding house, guesthouse, lodging house or backpacker accommodation, being a building capable of accommodating 6 or more guests;
(g) a residential part of a hotel or motel, being a part capable of accommodating 6 or more guests;
(i) an education and care service premises for any education and care service other than a family day care service;
(j) a detention centre;
(k) a healthcare building;
(l) a residential aged care facility;
(m) a school;
(n) special fire hazard premises within the meaning of the Building Regulations;
(o) a building that is fitted with a fire protection system monitored by the Fire Service;
(p) a building in respect of which a declaration under subregulation (3)(a) is in effect.
(2) For the purposes of subregulation (1)(i) , education and care service, education and care service premises and family day care service have the same meanings as in the Education and Care Services National Law (Tasmania).
(3) The Chief Officer, by notice in the Gazette, may –
(a) declare a building to be a specified building for the purposes of these regulations if the Chief Officer reasonably determines, in accordance with established risk analysis and fire engineering principles, that the building presents or contains a particular fire risk; and
(b) revoke any such declaration.
(4) A declaration under subregulation (3)(a) may be in respect of an individual building or in respect of a building by reference to its kind or class.
Routine service of fire protection equipment in prescribed buildings
6 Routine service of fire protection equipment in prescribed buildings
(1) This regulation applies to fire protection equipment installed in a prescribed building pursuant to the requirements of any building controls.
(2) The occupier of the prescribed building must ensure that the fire protection equipment is routinely serviced so as to be capable of operating to the standard to which it was designed.
Penalty: Fine not exceeding 50 penalty units.
7
Routine service and repair of fire protection equipment in buildings generally
7 Routine service and repair of fire protection equipment in buildings generally
(1) In this regulation –
qualified person, in relation to a routine service or repair, means a person who holds a permit that authorises its holder to do the routine service or repair;
suitable record, of any routine service or repair, means a record that sets out –
(a) the nature of the routine service or repair; and
(b) the date on which the routine service or repair was done; and
(c) if, in the case of a routine service, a test was involved –
(i) the nature of the test; and
(ii) the date of the test; and
(iii) the result of the test; and
(d) the name of the person who did the routine service or repair; and
(e) a certification by that person as to the doing of the routine service or repair.
(2) This regulation applies to fire protection equipment installed in a building pursuant to the requirements of any building controls.
(3) The occupier of the building must ensure that the fire protection equipment is –
(a) routinely serviced; and
(b) routinely serviced, and repaired, only by a qualified person.
Penalty: Fine not exceeding 25 penalty units.
(4) As soon as practicable after any of the fire protection equipment is routinely serviced or repaired, the occupier of the building must –
(a) make a suitable record of the routine service or repair; or
(b) cause such suitable record to be made.
Penalty: Fine not exceeding 25 penalty units.
(5) The occupier of the building must ensure that a record made under subregulation (4) (or a copy of the record) –
(a) is kept in the building for at least 7 years; and
(b) is provided to an authorised person if the authorised person requires the occupier to provide the record or copy to the authorised person.
Penalty: Fine not exceeding 25 penalty units.
7A
Deemed registration of person to install, routinely service or repair fire protection equipment
7A Deemed registration of person to install, routinely service or repair fire protection equipment
occupation has the meaning it has in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;
participating jurisdiction has the meaning it has in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth.
(2) Subject to this regulation, a person is taken to hold a permit for the purposes of these regulations if the person holds deemed registration.
(3) A person who intends to carry on a restricted activity, or any combination of restricted activities, in this State by virtue of holding deemed registration must notify the Chief Officer that the person holds deemed registration at least 14 days before that person carries on the restricted activity, or combination of restricted activities, in this State.
(c) is to contain any information that the Chief Officer considers necessary.
(5) If there is any change in the information contained in a notification under subregulation (3) , the person who made the notification must, as soon as is practicable and within 14 days after the changes, in an approved form, notify the Chief Officer of those changes.
Penalty: Fine not exceeding 10 penalty units.
(6) A person who is taken to hold a permit by virtue of holding deemed registration must not carry on a restricted activity, or any combination of restricted activities, in this State unless the restricted activity, or the combination of restricted activities, is within the scope of the work that the person is authorised to carry on for that occupation in the relevant participating jurisdiction.
Penalty: Fine not exceeding 10 penalty units.
(7) If a person who is taken to hold a permit by virtue of holding deemed registration ceases to hold the deemed registration, the person is no longer taken to hold the permit for the purposes of these regulations and must not carry on a restricted activity, or any combination of restricted activities, in this State.
Penalty: Fine not exceeding 10 penalty units.
(8) The Chief Officer may, at any time, request a person, who is taken to hold a permit by virtue of holding deemed registration, to provide the Chief Officer with any information that the Chief Officer requires in relation to the maintenance of the person’s skills and any continuing professional development undertaken by the person.
(9) For the avoidance of doubt, regulations 8 , 9 , 10 and 11 do not apply to a person who is taken to hold a permit by virtue of holding deemed registration.
8
Permits to install, routinely service or repair fire protection equipment
8 Permits to install, routinely service or repair fire protection equipment
(1) The Chief Officer may issue a permit authorising its holder to do a restricted activity or any combination of restricted activities.
(2) A permit may be issued to any person who, in the reasonable opinion of the Chief Officer, has relevant competence in the restricted activity or activities to which the permit relates.
(3) A permit may be issued unconditionally or on conditions.
(4) A permit may be issued –
(a) on the Chief Officer’s own initiative, either for a specific undertaking or otherwise; or
(b) on application.
(5) An application is to be –
(a) in a form approved by the Chief Officer; and
(b) supported by the evidence or information that the Chief Officer requires, either at the time of lodgement or subsequently.
(8) If subregulation (6)(b) applies, the Chief Officer is to notify the applicant of –
(a) the refusal; and
(b) the reason for the refusal; and
(c) the applicant’s right of review under regulation 13 .
(9) A permit is to –
(a) be in a form approved by the Chief Officer; and
(b) specify –
(i) which restricted activity or activities it authorises its holder to do; and
(ii) the conditions, if any, of the permit; and
(iii) if the Chief Officer has issued the permit on his or her own initiative for a specific undertaking, particulars of the undertaking.
9
Duration of permit
9 Duration of permit
(1) Subject to subregulation (2) , a permit remains in force for the period of not more than 5 years that is specified in the permit.
(2) A permit issued on the Chief Officer’s own initiative for a specific undertaking remains in force until the specific undertaking, as specified in the permit, is completed.
10
Permit not transferable or renewable
10 Permit not transferable or renewable
A permit is not transferable or renewable.
11
Variation of permits
11 Variation of permits
(1) The Chief Officer may, by notice to the permit holder, vary a permit at any time, including any condition of the permit, if satisfied that there are reasonable grounds to do so.
(2) The Chief Officer may not vary a permit by altering the specific undertaking to which the permit relates.
12
Surrender and cancellation
12 Surrender and cancellation
(1) The holder of a permit may, by notice to the Chief Officer, surrender it at any time, but it has no surrender value.
(2) The Chief Officer, by notice, may cancel any permit if the Chief Officer is satisfied, on reasonable grounds, that the permit holder –
(a) has failed to comply with a condition of the permit; or
(b) is, for any other reason, unsuitable to be the holder of a permit; or
plumber means a person who, under the Occupational Licensing Act 2005 , is licensed to carry out plumbing work as a plumber practitioner (certifier) or plumber practitioner;
recognised training program means a training program that –
(a) provides for a person to be trained in a restricted activity (or any combination of restricted activities); and
(b) is recognised by the Chief Officer by an instrument in writing.
(2) A person does not require a permit to install the following fire protection equipment in any building:
(a) a smoke alarm that, under the NCC, is not required to comply with AS 1670.1;
(b) a heat alarm that, under the NCC, is not required to comply with AS 1670.1;
(c) a combined smoke and heat alarm that, under the NCC, is not required to comply with AS 1670.1.
(3) A person does not require a permit to install a battery in any of the following fire protection equipment in any building:
(a) a smoke alarm;
(b) a heat alarm;
(c) a combined smoke and heat alarm.
(4) A person does not require a permit to install the following fire protection equipment in any building that is not a prescribed building:
(a) a fire blanket;
(b) a portable fire extinguisher.
(5) A person does not require a permit to install or routinely service a mechanical smoke management system in any building.
(6) A person does not require a permit to install or routinely service a fire hydrant system or fire hose reel in any building if he or she is –
(a) a plumber with relevant competence; or
(b) an apprentice, or employee, of a plumber with relevant competence and the installation or routine service is done under the direct supervision of that plumber.
(7) A person does not require a permit to install, routinely service or repair fire protection equipment, other than a fire protection system, if –
(a) he or she does so as a trainee in a recognised training program, under the direct supervision of a person who holds a permit that authorises its holder to do the relevant restricted activity; and
(b) at the relevant time, he or she has not been engaging in restricted activities of any kind as such trainee for a period exceeding 6 months (continuously or otherwise).
15
Access of Fire Service to fire protection equipment and essential services
15 Access of Fire Service to fire protection equipment and essential services
(1) In this regulation –
building includes –
(a) hazardous premises within the meaning of regulation 36 ; and
(b) the curtilage of a building; and
(c) any part of a building.
(2) The occupier of a building must ensure that the access of members of the Fire Service to the building’s fire protection equipment and essential services for the purpose of fire-fighting operations is not obstructed except as may be reasonably necessary to secure the building.
Penalty: Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.
16
Isolation by Fire Service of faulty fire protection systems
16 Isolation by Fire Service of faulty fire protection systems
(1) In this regulation –
fire protection system includes any part of a fire protection system;
isolate, a fire protection system, includes causing the fire protection system to be isolated;
malfunction, of a fire protection system, includes the activation of a false alarm.
(2) If a fire protection system in a building malfunctions, an officer of the Fire Service may isolate the fire protection system.
(3) An officer of the Fire Service who isolates a fire protection system under subregulation (2) is, as soon as practicable, to inform the occupier of the relevant building of the isolation of the fire protection system.
Part 3
Ways and Means of Escape
Part 3 Ways and Means of Escape
Division 1
Exits and emergency lighting
Division 1 Exits and emergency lighting
17
Accessibility of exits
17 Accessibility of exits
(1) In this regulation –
clear, for an exit, means –
(a) clear of any obstruction or impediment to use as an exit if there is a fire; and
(b) free of unlawful locks or unlawful locking devices; and
(c) clear of flammable material.
(2) The occupier of a prescribed building or a place of open-air public entertainment must ensure that each of its required exits is kept clear at all times.
Penalty: Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.
(3) In any proceedings for an offence under subregulation (2) in respect of a prescribed building, it is a defence if the defendant establishes that, at the relevant time –
(a) lawful building works were being done in the prescribed building; and
(b) those works were being done as quickly as practicable; and
(c) the obstruction of the relevant exit was an unavoidable consequence of those works or had been approved by a building surveyor for the purposes of those works.
18
Visibility of exit signs
18 Visibility of exit signs
(1) The occupier of a prescribed building must ensure that each sign to each of its required exits is clearly and fully visible at all times.
Penalty: Fine not exceeding 40 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.
(2) In any proceedings for an offence under subregulation (1) , it is a defence if the defendant establishes that, at the relevant time –
(a) lawful building or electrical works were being done in the relevant prescribed building; and
(b) those works were being done as quickly as practicable; and
(c) the invisibility of the relevant sign, whether full or partial, was an unavoidable consequence of those works or had been approved by a building surveyor for the purposes of those works.
19
Operability of emergency lighting
19 Operability of emergency lighting
(1) In this regulation –
required emergency lighting, of a prescribed building, means the emergency lighting that, under any building controls, is required to be installed in the building.
(2) The occupier of a prescribed building must ensure that its required emergency lighting is operational at all times.
Penalty: Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.
(3) In any proceedings for an offence under subregulation (2) , it is a defence if the defendant establishes that, at the relevant time –
(a) lawful building or electrical works were being done in the relevant prescribed building; and
(b) those works were being done as quickly as practicable; and
(c) the inoperability of the relevant emergency lighting was an unavoidable consequence of those works or had been approved by a building surveyor for the purposes of those works.
Division 2
Fire evacuation plans
Division 2 Fire evacuation plans
20
Fire evacuation plans for specified buildings
20 Fire evacuation plans for specified buildings
(1) The occupier of a specified building must ensure that the specified building has an approved fire evacuation plan.
Penalty: Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.
(2) For the purposes of subregulation (1) , the approved fire evacuation plan must be an approved fire evacuation plan that –
(a) the occupier has had approved under this Division; or
(b) a previous occupier of the specified building has had approved under this Division.
(3) In any proceedings for an offence under subregulation (1) , it is a defence if the defendant establishes that, at the relevant time –
(a) the defendant or the immediately previous occupier of the relevant specified building had submitted a proposed fire evacuation plan to the Chief Officer for in-principle approval under this Division; and
(b) the defendant had not been formally notified of the Chief Officer’s determination in respect of the proposed fire evacuation plan.
(4) To avoid doubt, a fire evacuation plan that has in-principle approval under regulation 22 is an approved fire evacuation plan for this regulation.
21
Fire evacuation plan guidelines
21 Fire evacuation plan guidelines
(1) For the purposes of this Division, the Chief Officer is to –
(a) prepare guidelines for the preparation of fire evacuation plans; and
(b) make those guidelines available for viewing electronically by members of the public at a website of the Department and make them available for viewing in other ways, if any, that the Chief Officer considers appropriate.
(2) The guidelines are to be in accordance with –
(a) AS 3745 (in so far as it is relevant to Tasmanian circumstances); and
(b) in their application to specified buildings that are used for or in connection with the provision of health care to any persons, AS 4083 (in so far as it is relevant to Tasmanian circumstances).
22
In-principle approval of fire evacuation plans
22 In-principle approval of fire evacuation plans
(1) For the purposes of regulation 20(2)(a) , the occupier of a specified building is to prepare a proposed fire evacuation plan for the specified building and submit it to the Chief Officer for approval.
(2) The proposed fire evacuation plan is to be in accordance with the guidelines published under regulation 21 .
(3) The Chief Officer, in his or her absolute discretion, may give the occupier advice and practical assistance with the preparation of the proposed fire evacuation plan.
(4) On receipt of the proposed fire evacuation plan, the Chief Officer is to –
(a) give the plan in-principle approval; or
(b) require the plan to be amended.
(5) If subregulation (4)(a) applies, the Chief Officer is to notify the occupier of –
(a) the in-principle approval; and
(b) the date of the in-principle approval.
(6) A plan to which in-principle approval has been given takes effect, for the purposes of this Division, on the date of the in-principle approval notified under subregulation (5)(b) .
(i) notify the occupier that the plan has not been given in-principle approval; and
(ii) specify or indicate the required amendments; and
(b) the occupier is to amend the plan accordingly and resubmit it to the Chief Officer.
(8) Subregulations (2) , (3) , (4) , (5) and (7) have the same application to the resubmitted plan as to the plan requiring amendment.
23
Final approval of fire evacuation plans
23 Final approval of fire evacuation plans
(1) This regulation applies to a specified building to which a fire evacuation plan with in-principle approval relates.
(2) The occupier of the specified building must ensure that a practice evacuation of the specified building is carried out within –
(a) 60 days after the fire evacuation plan takes effect; or
(b) a greater number of days after the fire evacuation plan takes effect as the Chief Officer, by notice to the occupier within those 60 days, allows.
Penalty: Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.
(3) Without limiting his or her discretion, the Chief Officer may allow an extension of time under subregulation (2)(b) if, since the fire evacuation plan was given in-principle approval –
(a) the specified building has had a change in occupancy; and
(b) the required practice evacuation had not been carried out before the change in occupancy; and
(c) the Chief Officer is satisfied in the circumstances that the current occupier has been left with insufficient time to ensure that the required practice evacuation is carried out within the time required by subregulation (2)(a) .
(4) For the purposes of subregulation (2) , the occupier of the specified building must ensure that the practice evacuation is carried out –
(a) at a time and date determined in consultation with the Chief Officer; and
(b) in the presence of an authorised person; and
(c) in accordance with the fire evacuation plan.
Penalty: Fine not exceeding 40 penalty units.
(5) Following the practice evacuation, the Chief Officer is to give final approval to the fire evacuation plan if satisfied that –
(a) the practice evacuation was successful; and
(b) the practice evacuation was carried out in accordance with the requirements of this regulation.
(6) The final approval may be given subject to any final amendments that the Chief Officer considers necessary or expedient in light of the experience with the practice evacuation.
(7) The Chief Officer is to notify the occupier of –
(a) the final approval; and
(b) any final amendments; and
(c) the date of the final approval.
(8) A plan to which a final approval has been given takes effect, for the purposes of this Division, on the date of the final approval notified under subregulation (7)(c) .
24
Annual practice evacuations
24 Annual practice evacuations
(1) This regulation applies to a specified building to which a fire evacuation plan with final approval relates.
(2) The occupier of the specified building must ensure that a practice evacuation of the specified building is carried out at least once in each 12-month period after the fire evacuation plan takes effect.
Penalty: Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.
(3) For the purposes of subregulation (2) , the occupier of the specified building must ensure that –
(a) the Chief Officer is given at least 5 days’ advance notice of a practice evacuation; and
(b) a practice evacuation is carried out in accordance with the fire evacuation plan.
Penalty: Fine not exceeding 40 penalty units.
25
Repetition of practice evacuations
25 Repetition of practice evacuations
(1) This regulation applies if an authorised person attending a practice evacuation of a specified building is not satisfied that it has been carried out in accordance with the relevant fire evacuation plan.
(2) The authorised person may require the occupier of the specified building to repeat the practice evacuation at a date and time determined by the authorised person.
(3) The occupier of the specified building must comply with a requirement imposed by the authorised person under subregulation (2) .
Penalty: Fine not exceeding 40 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.
26
Exempting persons from taking part in practice evacuations
26 Exempting persons from taking part in practice evacuations
(1) The occupier of a specified building, acting in consultation with an authorised person, or an authorised person acting alone, may exempt a person from taking part in a particular practice evacuation if reasonably satisfied that the associated stoppage or interruption of the person’s work or activity would –
(a) cause commercial loss; or
(b) endanger life or property.
(2) The Chief Officer, by notice to a person, may grant the person a standing exemption from taking part in practice evacuations of a specified building generally if the Chief Officer is reasonably satisfied that the associated stoppages or interruptions of the person’s work or activity would routinely –
(a) cause commercial loss; or
(b) endanger life or property.
27
Implementation of fire evacuation plans with in-principle approval
27 Implementation of fire evacuation plans with in-principle approval
(1) This regulation applies to a specified building to which a fire evacuation plan with in-principle approval relates.
(2) The occupier of the specified building must –
(a) keep at least one copy of the fire evacuation plan in the occupier’s own immediate possession; and
(b) ensure that at least one other copy of the fire evacuation plan is kept in the specified building.
Penalty: Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.
(3) The occupier of the specified building must, if there is a fire or fire alarm in the specified building, provide a copy of the fire evacuation plan to an authorised person if the authorised person requires the occupier to provide the copy to the person.
Penalty: Fine not exceeding 25 penalty units.
(4) The occupier of the specified building must ensure that, if there is a fire or fire alarm in the specified building, the specified building is evacuated in accordance with the fire evacuation plan.
Penalty: Fine not exceeding 50 penalty units.
(5) In any proceedings for an offence under subregulation (4) , it is a defence if the defendant establishes that, in the circumstances, it was physically impossible or impracticable for the relevant specified building to be evacuated strictly in accordance with the relevant fire evacuation plan.
28
Implementation of fire evacuation plans with final approval
28 Implementation of fire evacuation plans with final approval
(1) In this regulation –
basic education and training means training and education, other than a practice evacuation, that meets, at a minimum, the education and training requirements of AS 3745;
permanent work or residence means work or residence that is to last, or is expected to last, longer than 30 days.
(2) This regulation applies to a specified building to which a fire evacuation plan with final approval relates.
(3) The occupier of the specified building must –
(a) keep at least one copy of the fire evacuation plan in the occupier’s own immediate possession; and
(b) ensure that at least one other copy of the fire evacuation plan is kept in the specified building.
Penalty: Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.
(4) The occupier of the specified building must, in the specified building, post and keep posted the directions and notices about the fire evacuation plan at the locations that –
(a) the fire evacuation plan requires; and
(b) the Chief Officer, by notice to the occupier, requires.
Penalty: Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.
(5) The occupier of the specified building must ensure that a person taking up permanent work or residence in the specified building is, within 30 days of so doing, given basic education and training in what to do if there is a fire or fire alarm in the specified building.
Penalty: Fine not exceeding 50 penalty units.
(6) The occupier of the specified building must, if there is a fire or fire alarm in the specified building, provide a copy of the fire evacuation plan to an authorised person if the authorised person requires the occupier to provide the copy to the person.
Penalty: Fine not exceeding 25 penalty units.
(7) The occupier of the specified building must ensure that, if there is a fire or fire alarm in the specified building, the specified building is evacuated in accordance with the fire evacuation plan.
Penalty: Fine not exceeding 50 penalty units.
(8) In any proceedings for an offence under subregulation (7) , it is a defence if the defendant establishes that, in the circumstances, it was physically impossible or impracticable for the relevant specified building to be evacuated strictly in accordance with the relevant fire evacuation plan.
29
Evacuation of buildings in event of fire or fire alarm, &c.
29 Evacuation of buildings in event of fire or fire alarm, &c.
(1) In this regulation –
emergency control organisation has the same meaning as in AS 3745.
(2) A person who is in a specified building must, if there is a fire or fire alarm in the specified building –
(a) act in accordance with the fire evacuation plan for the specified building; or
(b) follow the directions that the person is given by –
(i) an authorised person; or
(ii) a member of the specified building’s emergency control organisation.
Penalty: Fine not exceeding 10 penalty units.
(3) A person who is required to evacuate a specified building or part of a specified building in a practice evacuation must –
(a) act in accordance with the fire evacuation plan for the building; or
(b) follow the directions that the person is given by –
(i) an authorised person; or
(ii) a member of the building’s emergency control organisation.
Penalty: Fine not exceeding 10 penalty units.
30
Occupiers not to contravene own fire evacuation plans, &c.
30 Occupiers not to contravene own fire evacuation plans, &c.
(1) The occupier of a specified building must not, if there is a fire or fire alarm in the specified building –
(a) contravene the fire evacuation plan for the specified building; or
(b) do anything to compromise the execution or effectiveness of the fire evacuation plan for the specified building; or
(c) fail to follow directions that are given to the occupier by an authorised person or other officer of the Fire Service.
Penalty: Fine not exceeding 50 penalty units.
(2) Except as provided by regulation 26 , the occupier of a specified building must not, if there is a fire or fire alarm in the specified building, cause or allow any person to contravene the fire evacuation plan for the specified building.
(a) a fire evacuation plan that has only in-principle approval expires after it has been in effect for 3 months if, within that period, a final approval of that plan has not been given under regulation 23 ; and
(b) a fire evacuation plan that has final approval expires after it has been in effect for 5 years as a fire evacuation plan with final approval.
32
Replacement of fire evacuation plans
32 Replacement of fire evacuation plans
(1) This regulation applies if –
(a) a specified building has a fire evacuation plan with final approval; and
(b) the Chief Officer reasonably apprehends that the plan has been rendered obsolete or less effective by –
(i) a change in the use of the specified building; or
(ii) a change in the number of occupants in the specified building; or
(iii) building works done to the specified building; or
(iv) building works done to premises adjoining the specified building; or
(v) municipal or other public works done to roads or land adjoining the specified building; or
(vi) new fire safety knowledge or technologies; or
(vii) other relevant factors.
(2) The Chief Officer, by notice, may direct the occupier of the specified building to submit a revised fire evacuation plan to the Chief Officer for approval.
(3) The occupier of the specified building must comply with the Chief Officer’s direction within the period, of at least 60 days, that the Chief Officer specifies in the direction.
Penalty: Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.
(4) Regulations 22 and 23 apply to the revised fire evacuation plan as if it were a new proposed fire evacuation plan.
33
Defence to prosecution for occupier left insufficient time in which to discharge duty
33 Defence to prosecution for occupier left insufficient time in which to discharge duty
(1) In any proceedings for an offence under this Division involving the contravention of a duty by the occupier of a specified building, it is a defence if the defendant establishes that –
(a) in the period leading up to the time of the alleged offence there was a change in the occupancy of the specified building; and
(b) the duty arose in respect of the previous occupier of the specified building; and
(c) that previous occupier had not, by the time of the change in occupancy, discharged the duty fully or at all; and
(d) in the circumstances, the defendant has been left with insufficient time in which to discharge the duty; and
(e) by the time of the alleged offence, the defendant had nevertheless taken reasonable steps towards discharging the duty.
(2) Nothing in subregulation (1) limits any other defence available to the defendant under these regulations.
Part 4
Containment of Fire Hazards
Part 4 Containment of Fire Hazards
34
Non-interference with essential services
34 Non-interference with essential services
(1) In this regulation –
place includes affix, assemble, display, erect, hang and leave.
(2) The occupier of a prescribed building must not place in it –
(a) any machine, equipment or article; or
(b) any material or substance –
that, by its nature, quantity, location, use or method of operation, could reasonably be expected to prevent or interfere with the effective operation of any essential service in the prescribed building.
Penalty: Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.
(3) In any proceedings for an offence under subregulation (2) , it is a defence if the defendant establishes that, at the relevant time –
(a) lawful building works were being done in the prescribed building; and
(b) those works were being done as quickly as practicable; and
(c) the placement in the prescribed building of the relevant machine, equipment or article, or relevant material or substance, was an unavoidable consequence of those works or had been approved by a building surveyor for the purposes of those works.
35
Hot work precautions
35 Hot work precautions
(1) In this regulation –
hot work has the same meaning as in AS 1674.
(2) A person must comply with AS 1674 in doing either of the following:
(a) hot work in a building;
(b) hot work that could directly affect a building.
Penalty: Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.
(3) Before a person does any hot work in a building, or any hot work that could reasonably be expected to directly affect a building, the person must inform the owner or occupier of the building of the person’s intention to do the hot work.
Penalty: Fine not exceeding 25 penalty units.
36
Fire-fighting water supplies for timber, storage and freight yards
36 Fire-fighting water supplies for timber, storage and freight yards
(1) In this regulation –
hazardous premises means –
(a) a timber yard; or
(b) a yard, or unfenced area of land, within a city or town boundary, that is used for the storage or more than 10 cubic metres of flammable material; or
(c) a wharf or wharf area that is used for the storage of flammable goods in transit; or
(d) land that is used for the storage of more than 10 cubic metres of flammable material, other than fodder or grain stored for use on the same land where the fodder or grain was produced;
on-site emergency personnel means persons who –
(a) work at hazardous premises; and
(b) have, whether on a voluntary basis or under the terms of their employment or engagement, any fire-safety responsibilities at those hazardous premises.
(2) The occupier of hazardous premises must ensure that –
(a) the hazardous premises are provided with an approved water supply for fire-fighting; and
(b) the approved water supply is at all times ready for use if there is a fire or fire alarm; and
(c) members of the Fire Service and on-site emergency personnel are able to gain unobstructed access to the approved water supply for the purposes of paragraph (b) .
Penalty: Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.
(3) In any proceedings for an offence under subregulation (2)(a) or (b) , it is a defence if the defendant establishes that, at the relevant time –
(a) the relevant approved water supply required mains water; and
(b) mains water was not available at the hazardous premises for reasons beyond the defendant’s control.
(4) The Chief Officer is not to approve a water supply for the purpose of this regulation unless he or she is satisfied that the water supply is in accordance with AS 2419.
Part 5
Miscellaneous
Part 5 Miscellaneous
37
Building owners and occupiers not to compromise discharge of respective fire safety obligations
37 Building owners and occupiers not to compromise discharge of respective fire safety obligations
(1) If –
(a) these regulations impose an obligation on the occupier of any building or other premises; and
(b) the occupier is not also the owner of the building or premises –
the owner of the building or premises must not do anything that compromises, or could reasonably be taken to compromise, the ability of the occupier to comply with that obligation.
Penalty: Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.
(2) If –
(a) these regulations impose an obligation on the owner of any building or other premises; and
(b) the owner is not also the occupier of the building or premises –
the occupier of the building or premises must not do anything that compromises, or could reasonably be taken to compromise, the ability of the owner to comply with that obligation.
Penalty: Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.
38
Savings and transitional provisions
38 Savings and transitional provisions
(1) In this regulation –
commencement day means the day on which these regulations take effect;
(2) A permit in force under the old regulations immediately before the commencement day continues in force according to its terms (including time of expiry) as a permit under and subject to these regulations.
(3) A fire evacuation plan that, immediately before the commencement day, had final approval under the old regulations continues in effect according to its terms as a fire evacuation plan under these regulations.
(4) A fire evacuation plan that, immediately before the commencement day, had in-principle approval under the old regulations may be given final approval by the Chief Officer as a fire evacuation plan under these regulations.
(5) A prospective fire evacuation plan that, immediately before the commencement day, was being considered for in-principle approval by the Chief Officer under the old regulations may continue to be considered for in-principle approval as a fire evacuation plan under these regulations.
(6) An approval of the Chief Officer in effect under regulation 31 of the old regulations immediately before the commencement day for any premises continues in effect as an approval applying to the same premises for the purposes of regulation 36 of these regulations.
39
Legislation rescinded
39 Legislation rescinded
The legislation specified in Schedule 3 is rescinded.
SCHEDULE 1 - Fire Protection d
SCHEDULE 1 - Fire Protection devices and features constituting essential services
SCHEDULE 1 - Fire Protection d SCHEDULE 1 - Fire Protection devices and features constituting essential services
These regulations are administered in the Department of Police, Fire and Emergency Management.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
These regulations may be cited as the General Fire Regulations 2021 .
2 Commencement
2 Commencement
These regulations take effect on the day on which their making is notified in the Gazette.
3 Interpretation
3 Interpretation
(1) In these regulations –
Act means the Fire Service Act 1979 ;
approved means approved by the Chief Officer;
authorised person has the same meaning as in section 48 of the Act;
building controls means –
(a) the Building Act 2016 (including the Building Regulations); and
(b) any other law of the State that imposes requirements relating to the fire safety of buildings; and
(c) the NCC;
Building Regulations means regulations made under the Building Act 2016 ;
[Regulation 3 Subregulation (1) amended by S.R. 2024, No. 19, Applied:26 Jun 2024]deemed registration means an entitlement to automatic deemed registration, within the meaning of the Mutual Recognition Act 1992 of the Commonwealth;
essential service means a fire protection device or feature, including any fire protection device or feature listed in Schedule 1 ;
exit includes –
Incorporate Australian Standards and other statutes into the regulatory architecture: standards listed in Schedule 2 are adopted (reg 3(5)-(6)); references are made to the Building Act 2016, Building Regulations, the National Construction Code (NCC), the Fire Service Act 1979, the Occupational Licensing Act 2005, the Education and Care Services National Law (Tasmania) and the Mutual Recognition Act 1992 (see reg 3 and cross-references).
Penalties are numerical but expressed in penalty units across many duties (for example, fines up to 50 penalty units for failing to routinely service equipment in prescribed buildings, reg 6(2)). The instrument also sets transitional arrangements carrying over permits and plans from the 2010 regulations (reg 38) and rescinds the earlier General Fire Regulations 2010 (Schedule 3). The Chief Officer and authorised persons are the decision-makers and operational enforcers; occupiers (and sometimes owners) are the principal duty-holders.
The rest of this note explains the main concepts, who is affected, duties and rights, penalties and enforcement mechanics, statutory interactions, amendment and litigation history as recorded in the instrument, practical pitfalls, and a compliance checklist grounded in the text.
Main concepts
Definitions and incorporated standards form the conceptual backbone. Several definitions have precedence and cross-reference effects.
Prescribed and specified buildings. "Prescribed building" is a short list: Class 1b used for supported accommodation for persons with disabilities and all Class 2-9 buildings (reg 4). "Specified building" is broader and partly functional: buildings capable of accommodating more than 200 persons under NCC Table D1.13, certain residential uses (education, healthcare, aged care), hostels/boarding houses with six or more guests, schools, detention centres, special fire hazard premises under the Building Regulations, buildings fitted with a fire protection system monitored by the Fire Service, and other buildings the Chief Officer may declare (reg 5(1)-(3)). The Chief Officer’s Gazette declaration power can apply by individual building or by reference to kind or class (reg 5(4)), and the instrument expressly states such notices are not statutory rules under the Rules Publication Act 1953 (reg 5(5)).
Essential services and fire protection systems. Schedule 1 lists devices and features constituting "essential services", from emergency lighting and exits to fire indicator panels, smoke management systems and static water storage. "Fire protection equipment" and "fire protection system" are defined in reg 3(1), incorporating items such as extinguishers, hose reels and systems including automatic detection/alarm, sprinklers, hydrant systems, mechanical smoke management, and intercom/sound systems for emergency use. The list affects what occupiers must maintain and what the Fire Service may access (reg 15).
Incorporation of standards and other law. Reg 3(5) states a standard adopted by the regulations forms part of the regulations where referenced, and reg 3(6) expressly adopts specified Australian Standards (Schedule 2), including AS 1851 (routine service), AS 2419 (fire hydrant installations), AS 3745 (planning for emergencies) and AS 4083 (health care facilities). Reg 3(2)-(4) cross-links to the NCC and the Building Act 2016 and provides that, in an inconsistency between an NCC definition and the Building Act, the NCC definition prevails (reg 3(4)).
Permit and mutual recognition. A permit regime governs restricted activities (installation, routine service, repair of fire protection equipment). The Chief Officer issues permits (reg 8); permits are time-limited (up to five years, reg 9), non-transferable and non-renewable (reg 10). Regulation 7A implements mutual recognition: persons with "deemed registration" under the Commonwealth Mutual Recognition Act 1992 are taken to hold a permit, subject to notification and scope limits (reg 7A).
Fire evacuation plans and staged approvals. Specified buildings must have an approved fire evacuation plan (reg 20). The staged process: occupier prepares a plan per guidelines (reg 21), submits for in-principle approval (reg 22), conducts a practice evacuation within 60 days (or extended period by Chief Officer, reg 23), and receives final approval subject to amendments (reg 23(5)-(6)). Plans with only in-principle approval expire after three months if not finalised; final approval expires after five years (reg 31). Once final approval is in place occupiers must run annual practice evacuations (reg 24), post directions and notices per the plan (reg 28(4)), provide basic education and training to new permanent staff or residents within 30 days (reg 28(5)), and ensure evacuations are carried out in accordance with the plan in event of fire or alarm (regs 27(4), 28(7)).
Operational powers of Fire Service. The Fire Service may isolate malfunctioning fire protection systems, including where false alarms occur (reg 16). Authorised persons may require repetition of practice evacuations if they are not satisfied with the conduct (reg 25). The Chief Officer approves water supplies for hazardous premises conditional on AS 2419 (reg 36(4)).
These concepts interact: whether a building is a "specified building" triggers the evacuation-plan regime; whether a building is "prescribed" (or contains essential services under Schedule 1) triggers particular servicing and non-interference duties. Australian Standards are integrated into practical obligations for routine servicing, hot work, hydrants and emergency planning (regs 7, 35, 36, 21; Schedule 2).
Who it affects
The regulations allocate duties and powers across identifiable actors. The principal duty‑holders, decision-makers and affected third parties are as follows.
Occupiers of buildings. Occupiers carry the principal operational duties: routine servicing (reg 6 for prescribed buildings; reg 7 generally), keeping exits clear and visible signage (regs 17-18), ensuring emergency lighting is operational (reg 19), providing and complying with evacuation plans for specified buildings (regs 20-31), keeping copies of plans and making them available to authorised persons (regs 27-28), complying with hot-work notifications and AS 1674 (reg 35), and observing non-interference duties (reg 34). Many offences impose penalties directly on occupiers with continuing-offence daily fines (for example regs 6, 15, 17, 19, 24).
Owners of buildings. Owners have a complementary obligation not to do anything that compromises an occupier’s ability to discharge regulatory duties where the occupier is not the owner (reg 37(1)). Conversely, occupiers must not compromise the owner’s ability where the owner has statutory duties (reg 37(2)). Owners may also be responsible to ensure compliance where they are occupiers for particular duties.
Persons who install, routinely service or repair fire protection equipment. These are the people regulated by the permit regime (reg 8). The regulations affect businesses and contractors that perform installation, routine servicing and repair: they must hold a permit unless an exemption applies (reg 14). The Chief Officer may issue permits on application or on the officer’s initiative (reg 8(4)). Permit-holders face requirements on competence (reg 8(2)), conditions and possible variation or cancellation (regs 11-12). Trainees in recognised training programs may carry out some restricted activities under supervision and time limits (reg 14(7)).
Persons with deemed registration under Mutual Recognition. The regulations treat persons who hold "deemed registration" from other jurisdictions as being taken to hold a permit (reg 7A(2)), but they must notify the Chief Officer 14 days before carrying out restricted activities in the State (reg 7A(3)), and they are subject to scope constraints (reg 7A(6)). Regs 8-11 do not apply to deemed-registration persons (reg 7A(9)), but other obligations (notification, scope, skills maintenance requests) apply (reg 7A(3), (6)-(8)).
Fire Service, Chief Officer and authorised persons. The Chief Officer is the central decision-maker: issuing/refusing permits (reg 8(6)), varying/cancelling permits (regs 11-12), issuing guidelines and advice (reg 21, reg 22(3)), declaring specified buildings (reg 5(3)), approving water supplies (reg 36(4)), and permitting exemptions from practice evacuations (reg 26). Authorised persons (as defined in the Fire Service Act 1979, cross-referenced in reg 3(1)) exercise on‑site enforcement powers: inspect and require records (reg 7(5)), attend practice evacuations and require repeats (reg 25), direct evacuation conduct (reg 29), isolate systems (reg 16), and demand copies of plans (regs 27-28).
Workers, residents and the public present in specified buildings. Individuals present in a specified building must follow the fire evacuation plan or directions from authorised persons or emergency control organisation members (reg 29). Persons required to evacuate during a practice evacuation must comply (reg 29(3)). Occupiers can seek exemptions for individuals where participation would cause commercial loss or endanger life or property (reg 26).
On-site emergency personnel and hazardous-premises operators. Operators of hazardous premises (timber yards, storage of more than 10 cubic metres of flammable material in defined contexts, wharves storing flammable goods in transit, reg 36(1)) must provide an approved water supply for firefighting and ensure access for Fire Service and on‑site emergency personnel (reg 36(2)). The Chief Officer will only approve water supplies consistent with AS 2419 (reg 36(4)).
The regulations also interact with other regulators and regimes: building surveyors (defence exceptions in regs 17-19 reference building-surveyor approvals), the Building Act 2016 and Building Regulations (reg 3), the Occupational Licensing Act 2005 (recognition of plumbers in reg 14(1) & (6)), and the Education and Care Services National Law for certain childcare definitions (reg 5(2)). The Department of Police, Fire and Emergency Management administers the regulations (final line of the instrument).
Key duties and rights
This section maps the principal duties, statutory defences and rights available under the instrument, with section references.
Duties (occupiers and owners)
Routine servicing of fire protection equipment in prescribed buildings. Occupiers must ensure equipment installed pursuant to building controls is routinely serviced to be capable of operating to design standard (reg 6(2)). Penalty up to 50 penalty units.
Routine servicing and repair requirements generally. Occupiers must ensure equipment is routinely serviced and that servicing and repair are carried out only by a "qualified person" (reg 7(3)). After servicing or repair, a "suitable record" must be made (reg 7(4)) and kept on the premises for at least seven years, and provided to authorised persons on request (reg 7(5)). Penalties up to 25 penalty units for breaches.
Permit requirements for restricted activities. Persons installing, routinely servicing or repairing fire protection equipment generally need a permit issued by the Chief Officer (reg 8), subject to competence and application procedures (reg 8(2), (5)). Reg 14 lists exemptions (for certain alarms, batteries, fire blankets, portable extinguishers in non-prescribed buildings, mechanical smoke management systems etc.).
Fire evacuation plans for specified buildings. Occupiers of specified buildings must ensure the building has an approved fire evacuation plan (reg 20(1)), follow the guidelines (reg 21), obtain in-principle and final approval (regs 22-23), run practice evacuations within timeframes, keep copies and implement the plan during an actual fire or alarm (regs 23-28).
Exits, signs and lighting. Prescribed-building occupiers must keep required exits clear at all times (reg 17) and exit signage visible (reg 18); required emergency lighting must be operational (reg 19).
Access to fire-protection equipment. Occupiers must ensure Fire Service access to fire protection equipment and essential services is not obstructed, except as reasonably necessary to secure the building (reg 15).
Non-interference and hot work. Occupiers of prescribed buildings must not place items that would interfere with essential services (reg 34). Persons doing hot work must comply with AS 1674 and inform owner/occupier before doing hot work (reg 35).
Hazardous premises water supplies. Occupiers must provide and maintain an approved firefighting water supply and ensure unobstructed access for Fire Service and on-site emergency personnel (reg 36).
Rights, discretions and statutory remedies
Chief Officer discretion and assistance. The Chief Officer may give advice and practical assistance in preparing evacuation plans (reg 22(3)), may approve or require amendments (reg 22(4)), and may grant extensions to the deadline for practice evacuations (reg 23(2)-(3)). The Chief Officer may issue, vary, and cancel permits on reasonable or stated grounds (regs 8, 11-12).
Defences and limited exceptions. Several regulations provide narrow defences where lawful building or electrical works make compliance temporarily impracticable and where those works were being done as quickly as practicable or approved by a building surveyor (regs 17(3), 18(2), 19(3), 34(3) and others). There is a specific defence where an occupier can show it was physically impossible or impracticable to evacuate strictly in accordance with the plan (regs 27(5), 28(8)). For offences involving duties that arose under a previous occupier, an occupier can defend on grounds of insufficient time since a change in occupancy if reasonable steps had been taken (reg 33).
Appeal rights. A person aggrieved by a decision of the Chief Officer under regs 7A, 8, 9, 11 or 12 may apply to the Magistrates Court (Administrative Appeals Division) for review (reg 13). That statutory right is the specified review route for permit and registration decisions set out in the instrument.
Deemed registration rights and obligations. Persons with Commonwealth "deemed registration" are taken to hold a permit (reg 7A(2)) but must notify the Chief Officer 14 days before engaging in restricted activities in the State (reg 7A(3)), must operate within the scope of their authorisation in the participating jurisdiction (reg 7A(6)), and can be required to provide evidence of CPD or skill maintenance (reg 7A(8)).
Procedural obligations and timing
Records retention. Suitable records of servicing/repairs must be kept on-site for at least seven years and made available to authorised persons (reg 7(5)).
Evacuation-plan timings. After in-principle approval, a practice evacuation must occur within 60 days unless extended by the Chief Officer; annual practice evacuations must occur at least once every 12 months after final approval (regs 23(2), 24(2)). Final plans remain effective for five years (reg 31).
Notices and publication. The Chief Officer must prepare fire evacuation plan guidelines and publish them electronically for public viewing (reg 21(1)). Declarations under reg 5(3) are gazetted but are not statutory rules (reg 5(5)).
The allocation of duties and rights concentrates operational obligations on occupiers, administrative discretion with the Chief Officer, and enforcement powers with authorised persons and Fire Service officers. The instrument includes numerous statutory defences, but they are limited and fact‑specific.
Penalties and enforcement
Penalties are expressed in penalty units and enforcement is implemented through authorised persons, the Fire Service, and the Chief Officer’s administrative powers. The instrument specifies maximum fines, continuing-offence daily penalties, and operational enforcement tools.
Penalty structure
Penalty-unit maxima. Many contraventions attract maximum fines of up to 50 penalty units (for example failure to routinely service equipment in prescribed buildings, reg 6(2); obstruction of access, reg 15(2); keeping exits clear, reg 17(2); emergency lighting, reg 19(2); failure to implement fire evacuation plan, regs 27(4), 28(7); non-interference breaches, reg 34(2); hazardous premises obligations, reg 36(2)). Lesser penalties appear in other provisions (for example, records and certain procedural contraventions attract fines up to 25 penalty units, reg 7).
Continuing-offence penalties. For many obligations there is a daily penalty for a continuing offence, often expressed as a further fine not exceeding 1 penalty unit per day during which the offence continues (examples: regs 6, 15, 17, 19, 24, 34, 36, 37).
Lower-tier offences. Some behavioural failures attract fines up to 10 penalty units (for instance, failing to follow directions during an evacuation, reg 29(2)-(3); contravening the Chief Officer’s decisions on permits, reg 7A penalties are largely 10 penalty units for certain notification failures).
Enforcement actors and powers
Fire Service officers and authorised persons. The Fire Service may isolate a malfunctioning fire protection system (reg 16). Authorised persons may require production of records (reg 7(5)), attend and assess practice evacuations and require repetition (reg 25), and direct evacuations and emergency actions (reg 29). Occupiers must facilitate access to fire protection equipment and essential services for Fire Service members (reg 15).
Chief Officer. Administrative enforcement includes issuing, varying and cancelling permits (regs 8, 11, 12) and directing occupiers to submit revised fire evacuation plans where the Chief Officer reasonably apprehends obsolescence (reg 32). Refusals to issue permits must be accompanied by reasons and notification of the right to review under reg 13 (reg 8(8)).
Judicial review and appeal. The primary statutory appeal route for aggrieved persons is to the Magistrates Court (Administrative Appeals Division) against Chief Officer decisions under regs 7A, 8, 9, 11 or 12 (reg 13). The instrument does not list any other statutory appeal body for other enforcement decisions; where a person is aggrieved by an on‑site decision by an authorised person the text provides no express internal appeal mechanism (but a decision to prosecute can be challenged in court proceedings and administrative law remedies outside the instrument may exist, noting the instrument itself specifies the listed appeal route).
Procedural safeguards and defences
Defences where building works are occurring. For offences relating to exits, exit signs, emergency lighting and non-interference, the regulations provide a defence where lawful building or electrical works were being done as quickly as practicable and the obstruction was an unavoidable consequence or approved by a building surveyor (regs 17(3), 18(2), 19(3), 34(3)). These are fact-intensive defences.
Change in occupancy defence. An occupier charged with a contravention may defend on grounds of a recent change in occupancy that left insufficient time to discharge duties where the occupier took reasonable steps (reg 33).
Impracticability defence for evacuation compliance. For failures to evacuate strictly in accordance with a plan because it was physically impossible or impracticable to do so, the regulations provide a defence (regs 27(5), 28(8)).
Operational enforcement intensity and compliance incentives
The instrument concentrates monetary sanctions and daily fines on occupiers and owners, and gives the Fire Service and authorised persons the capacity to intervene operationally (isolation of systems, requiring repetition of evacuations, access demands). The Chief Officer’s broad discretionary powers over permits and plan approvals are backed by an express appeal route to the Magistrates Court (reg 13).
Limitations in enforcement design
The instrument expresses sanctions in penalty units rather than fixed amounts; the monetary impact therefore requires reference to the relevant penalty‑unit value fixed in primary legislation or budget instruments, which is not set out in the regulations themselves. The instrument places much enforcement discretion in administrative hands without listing other internal review or complaint procedures aside from the specified Magistrates Court review for Chief Officer permit-related decisions.
How it interacts with other laws
The regulations are deliberately inter‑textual. They import definitions and standards from other legislative instruments and technical codes and set precedence rules where definitions conflict.
Key cross-references and precedence
Fire Service Act 1979. Reg 3(1) defines "authorised person" by reference to s 48 of the Fire Service Act 1979. The Chief Officer is a statutory figure under that Act; the regulations operationalise functions that sit alongside and within the Fire Service Act framework.
Building Act 2016, Building Regulations and the NCC. Reg 3 defines "building controls" to include the Building Act 2016 (including Building Regulations) and the NCC (reg 3(1) definitions of "building controls" and "Building Regulations" and "NCC"). Reg 3(2)-(4) provide that expressions defined in the NCC or the Building Act/Building Regulations have the meanings used there, and state that an inconsistency between an NCC definition and a Building Act definition is resolved in favour of the NCC (reg 3(4)). This rule affects interpretation where building classification or occupant numbers are contested.
Mutual Recognition Act 1992 (Commonwealth). Reg 7A implements mutual recognition for persons registered in other participating jurisdictions: holders of "deemed registration" are taken to hold a local permit but are subject to notification, scope limits and a duty to maintain skills (reg 7A(2)-(9)). Reg 7A(9) expressly excludes deemed-registration persons from regs 8-11.
Occupational Licensing Act 2005. Reg 14(1) recognises "plumber" as defined by the Occupational Licensing Act 2005 for certain exemptions to the permit rules (for fire hydrant systems and hose reels, reg 14(6)).
Education and Care Services National Law (Tasmania). Reg 5(2) imports definitions of "education and care service" and related terms for the specified-building classification under reg 5(1)(i).
AS standards and the NCC. The regulations incorporate Australian Standards by reference: reg 3(5) makes adopted standards part of the regulations as relevant, and reg 3(6) cross-lists specific AS standards in Schedule 2. Reg 21(2) requires guidelines to be in accordance with AS 3745 and, for healthcare premises, AS 4083. Reg 36(4) makes Chief Officer approval of water supplies conditional on AS 2419 compliance; reg 35 requires compliance with AS 1674 for hot work. Reg 7 references AS 1851 as the meaning given to "routine service." Those incorporations impose technical compliance obligations that sit alongside Building Act/NCC requirements.
Rules Publication Act 1953. Reg 5(5) expressly states that a declaration under reg 5(3) is not a "statutory rule" for Rules Publication Act purposes. That has procedural consequences for parliamentary scrutiny or tabling of those Gazette notices.
Transitional interplay with 2010 regulations. Reg 38 carries forward permits and approved evacuation plans from the General Fire Regulations 2010, preserving continuity for existing permit-holders and plans. Schedule 3 rescinds the 2010 regulations.
Interactional consequences and interpretive effects
Where the regulations adopt the NCC definition over the Building Act (reg 3(4)), disputes about classification, occupant capacity or other building-control definitions will be decided using NCC meanings. That reduces ambiguity where the Building Act and NCC differ.
Standards incorporated by reference impose obligations that can have significant technical compliance costs; for example, AS 1851 governs routine servicing cycles and AS 2419 governs hydrant design/installation , compliance with those standards becomes part of regulatory compliance rather than merely best practice (reg 7 and reg 36).
The mutual-recognition regime (reg 7A) reduces local administrative barriers for out-of-jurisdiction practitioners but creates notification, scope and CPD documentation obligations that are distinct from the local permit application regime (regs 7A(3), (6)-(8)). Importantly, regs 8-11 do not apply to deemed-registration persons (reg 7A(9)), changing the local permit processing burden but preserving local oversight through notification and CPD requests.
Practical cross-regulatory implications
Building surveyor approvals referenced in the defences (for example, regs 17(3), 18(2), 19(3)) mean that building work coordination and approvals under the Building Act and by private surveyors will materially affect regulatory defences under these fire regulations.
The Chief Officer’s approval powers that require conformity with AS 2419 or other standards create an operational bridge between technical compliance regimes and administrative approvals, centralising technical gating decisions in the Fire Service.
In short, these regulations are implemented in a networked regulatory environment where standards and building law definitions determine classification, technical compliance and administrative oversight; the instrument both imports and defers to those instruments in specified ways.
Amendment history
The instrument contains explicit amendment and insertion annotations limited to a small set of changes, and it replaces earlier regulations. The source text identifies the following changes and transitional arrangements.
Initial enactment and commencement. The regulations were notified in the Gazette on 21 July 2021 (final line of the instrument). Reg 2 requires commencement on the Gazette notification day. Schedule 3 rescinds the General Fire Regulations 2010 (No. 136 of 2010) (Schedule 3).
Transitional and savings. Reg 38 contains savings and transitional provisions preserving permits and evacuation plans that were in force immediately before commencement under the old regulations. Specifically, permits in force under the old regulations continue according to their terms (reg 38(2)); fire evacuation plans with final approval continue in effect (reg 38(3)); in-principle plans under the old regimes may be given final approval under these regulations (reg 38(4)); pending in-principle approvals may continue to be considered (reg 38(5)); and certain approvals under old-regs reg 31 continue as approvals under the new reg 36 (reg 38(6)).
2024 amendment references. The text records discrete amendments made by S.R. 2024, No. 19, applied 26 June 2024:
Regulation 3(1) was amended by S.R. 2024, No. 19 (two annotations in the text adjacent to definitions) , the annotations bracketed within regulation 3(1) indicate that certain definitions or text were amended by that statutory rule. The text also contains a further annotation indicating an insertion of regulation 7A by the same instrument.
Regulation 7A was inserted by S.R. 2024, No. 19, Applied 26 June 2024. The inserted reg 7A establishes deemed registration under the Mutual Recognition Act, notification requirements, scope limits, and exemptions from regs 8-11.
Regulation 13 was amended by S.R. 2024, No. 19, Applied 26 June 2024. The amended reg 13 continues to provide for review by the Magistrates Court (Administrative Appeals Division) for decisions under regs 7A, 8, 9, 11 or 12.
No other amendment instruments, dates or historical material are recorded in the text provided. The instrument rescinds the 2010 regulations (Schedule 3) and carries forward existing permits and plans via reg 38. The 2024 amendments indicate two policy movements: the insertion of a mechanism to accommodate mutual recognition (reg 7A) and tweaks to definitions and appeal wording (reg 13), but the instrument itself contains no explanatory memorandum or second-reading extracts here; consequently, this summary is limited to the textual amendment markers appearing in the regulations.
Litigation history
The text of these regulations does not refer to judicial decisions, reported cases, or specific litigation. There are no cases named in the instrument. The only adjudicative or review mechanisms the regulations themselves establish are administrative review rights and criminal/civil enforcement by authorised persons or prosecutions that would be heard in courts.
Statutory review path
Appeals against Chief Officer decisions on permits and registration. Reg 13 provides an express right: a person aggrieved by a Chief Officer decision under regs 7A, 8, 9, 11 or 12 may apply to the Magistrates Court (Administrative Appeals Division) for a review. That is the instrument’s principal internal statutory review mechanism for the permit and registration aspects.
Enforcement proceedings in courts. Prosecutions for contraventions of the regulations would be brought in the appropriate court jurisdiction, and courts would adjudicate defences, continuing-offence calculations and facts on a case-by-case basis. The instrument sets out available defences (for example, lawful building works defences in regs 17-19 and reg 34, impracticability defences in regs 27-28, and change-of-occupancy defence in reg 33) which a charged party would raise in proceedings.
Potential administrative-law avenues (not expressly set out)
The instrument does not set out internal merits-review bodies beyond the Magistrates Court route for specified Chief Officer decisions. Administrative law remedies (such as judicial review in superior courts) are not mentioned in the text but may exist under general principles of administrative law; the instrument itself only specifies the Magistrates Court review for certain decisions.
Practical implications for litigators and compliance counsel
Because the regulations integrate technical standards (AS series) into statutory duties, litigation may turn on technical compliance evidence (for example whether servicing complied with AS 1851; whether a water supply meets AS 2419; whether hot work complied with AS 1674). The instrument makes those standards part of the regulatory obligations (reg 3(5)-(6), regs 21, 35, 36).
The Chief Officer’s broad discretionary powers (permit issuance, variation, cancellation, declarations under reg 5(3), directions under reg 32) and the statutory defences embedded in the regulations suggest reviewable factual and legal questions if decisions are challenged under reg 13 or in courts.
Absent any cases cited in the regulations, there is no instrument-specific litigation history to report. Any court outcomes interpreting these regulations would reside in the external case law record, which the instrument does not itself summarise.
Gotchas
This section highlights traps, timing constraints, scope pitfalls and operational surprises that practitioners and compliance officers should flag, tied explicitly to the text.
Specified-building status can be activated by installing a monitored fire protection system. Reg 5(1)(o) lists a building fitted with a fire protection system monitored by the Fire Service as a specified building. Installing monitored systems may therefore import the entire fire-evacuation-plan regime (reg 20) and its time and training obligations. Practitioners should treat the decision to monitor systems as a potential regulatory trigger, not merely a technical upgrade.
In-principle approval is not a safe harbour; it activates obligations. A plan with in-principle approval "takes effect" for the Division (reg 22(6)). Once in-principle approval is effective, the occupier must conduct a practice evacuation within 60 days (reg 23(2)) and comply with implementation duties (reg 27). An occupier must keep copies and ensure evacuation if there is an alarm even before final approval (reg 27(3)-(4)). Further, in-principle plans expire after three months if final approval is not given (reg 31(a)). Failure to manage the steps timely can create exposure.
Permits are non-transferable and non-renewable; expiry requires fresh application. Reg 10 disallows transfer or renewal. Permit-holders must plan for re-application before expiry (reg 9 caps length to not more than five years), and the Chief Officer can cancel or vary on reasonable grounds (regs 11-12). For businesses, this imposes continuing administrative burden.
Deemed registration simplifies paperwork but imposes notification and scope constraints. The mutual-recognition pathway (reg 7A) exempts deemed-registration persons from regs 8-11 (reg 7A(9)) but requires notification at least 14 days before carrying on restricted activities (reg 7A(3)), compels scope compliance to the participating jurisdiction authorisation (reg 7A(6)), and authorises the Chief Officer to request CPD/skills information (reg 7A(8)). Non-compliance attracts small fines (reg 7A(3), (5), (6), (7) each carry penalties up to 10 penalty units).
Records must be retained for seven years and produced on demand. Reg 7(4)-(5) requires "suitable records" and seven-year retention, and authorised persons can require production. Failure to maintain such records is an offence (penalty up to 25 penalty units).
Some exemptions are narrow and technical. Reg 14 lists a number of exemptions (smoke/heat alarms not required to comply with AS 1670.1, batteries, certain portable extinguishers in non-prescribed buildings, mechanical smoke management systems etc.), and permits are not required for some works by plumbers or trainees under supervision (reg 14(6)-(7)). Misreading the exemptions can lead to inadvertent unlicensed work.
Post-occupancy time pressure defence complexity. The "insufficient time" defence (reg 33) requires an occupier to show a chain of facts: change of occupancy, duty owed to previous occupier, previous occupier had not discharged the duty, insufficient time, and reasonable steps taken. This is fact-specific and can be difficult to establish; practitioners should not rely on it prospectively as a compliance plan.
Chief Officer declarations via Gazette are not statutory rules. Reg 5(5) makes clear that declarations under reg 5(3) are not statutory rules under the Rules Publication Act 1953. That reduces formal parliamentary oversight mechanisms for those declarations and may affect legal challenges based on procedural irregularity.
Isolation of protection systems by Fire Service is permitted without owner consent. Reg 16 permits an officer to isolate malfunctioning systems, including for false alarms, and requires informing the occupier "as soon as practicable" (reg 16(3)). Operationally, this can interrupt system availability; occupiers should have contingency plans and documentation showing maintenance to mitigate liability.
Interlocking owner/occupier duties create cross‑exposure. Reg 37(1)-(2) creates reciprocal duties not to compromise the other party's ability to discharge obligations. Lease arrangements, service contracts and construction works should be drafted to avoid unilateral actions (for example, storage, alterations) that could breach these reciprocal duties.
Evacuation training deadlines and notice periods are prescriptive. Final-approved plans require posting of directions per the plan and Chief Officer’s notices (reg 28(4)), basic education within 30 days for permanent workers/residents (reg 28(5)), and 5 days' advance notice to the Chief Officer for annual practice evacuations (reg 24(3)(a)). Non-observance can attract penalties up to 50 penalty units for serious breaches.
Hot work notification may be overlooked. Reg 35(3) requires informing the owner or occupier before hot work that could directly affect a building; failure carries a penalty of up to 25 penalty units. This is distinct from complying with AS 1674.
Water supply approvals for hazardous premises must conform to AS 2419. The Chief Officer will only approve a water supply if satisfied it meets AS 2419 (reg 36(4)). Where mains water is unavailable and the occupier relies on an exemption defence, the occupier must prove mains water absence was beyond their control (reg 36(3)). Design and proof requirements therefore require technical assessment.
No express remediation or compliance notice regime is spelled out for many contraventions. The instrument relies on fines, daily continuing penalties, and administrative cancellation or variation of permits; it does not set out a formal graduated compliance-notice regime in the text provided.
Practitioners should map these "gotchas" into contracts, operations manuals, maintenance schedules, tenancy agreements and contingency planning; many of the liabilities turn on timing and technical compliance with incorporated Australian Standards.
How to comply
This section provides a pragmatic compliance checklist and an implementation plan tied to specific provisions. It is written for building owners, occupiers, facilities managers and service providers.
Classify your building(s)
Determine whether your building is a "prescribed building" (reg 4) or a "specified building" (reg 5). Check classification under NCC and Building Act definitions referenced in reg 3. Note that specified-building status can be triggered by occupant capacity (>200 under NCC Table D1.13), certain uses (education, healthcare, aged care, hostels, hotels with six-plus guests, schools), or by having a fire protection system monitored by the Fire Service (reg 5(1)). Also check whether the Chief Officer has declared your building specified by Gazette (reg 5(3)-(4)).
Inventory essential services and fire protection equipment
Map all items listed in Schedule 1 present on site (emergency lighting, emergency power, fire doors, fire indicator panels, smoke hazard management systems, hydrants, etc.). For each item, identify whether it is subject to routine service obligations (reg 6 and reg 7) and whether it is a "fire protection system" under reg 3(1) requiring system-level compliance.
Put in place routine servicing and record-keeping
For prescribed buildings ensure routine servicing meets the standard to which equipment was designed (reg 6(2)). For all buildings subject to building controls, ensure routine servicing and repairs are done by qualified/permit-holding persons (reg 7(3)) unless an exemption applies (reg 14).
Implement a record-keeping system that records nature of service/repair, dates, tests and results, name of person who did the work and a certification by that person (reg 7(1) suitable record). Retain records on-site for at least seven years and make copies available to authorised persons on request (reg 7(5)).
Manage permits and workforce competence
If your organisation installs or services fire protection equipment, ensure individuals or contractors hold the appropriate permit issued by the Chief Officer (reg 8). Remember permits may be issued on the Chief Officer’s initiative or by application, are subject to the officer's reasonable opinion about competence (reg 8(2), (4)-(7)), and are not transferable or renewable (reg 10).
If you engage out-of-jurisdiction practitioners who hold "deemed registration" under the Mutual Recognition Act, ensure they notify the Chief Officer at least 14 days before work (reg 7A(3)), operate within the scope of their participating-jurisdiction authorisations (reg 7A(6)), and provide requested CPD/skills information (reg 7A(8)). Note regs 8-11 do not apply to deemed-registration persons (reg 7A(9)).
Draft and submit fire evacuation plans for specified buildings
Prepare a proposed fire evacuation plan in accordance with guidelines published by the Chief Officer (reg 22(1)-(2); reg 21). Ensure alignment with AS 3745 and, where applicable, AS 4083 for healthcare facilities (reg 21(2)).
Submit to the Chief Officer for in-principle approval (reg 22). If given in-principle approval, schedule and conduct a practice evacuation within 60 days unless you obtain an extension from the Chief Officer (reg 23(2)-(3)). The Chief Officer may assist in preparation (reg 22(3)).
After a successful practice evacuation carried out in the presence of an authorised person, the Chief Officer will give final approval and may require final amendments (reg 23(4)-(6)). Keep copies of the plan in immediate possession and at least one copy in the building (regs 27(2), 28(3)).
Run and document practice evacuations and training
Conduct practice evacuations as required: initial practice evacuation within the 60-day window (reg 23), and at least once every 12 months after final approval (reg 24).
Give the Chief Officer at least 5 days’ notice of annual practice evacuations (reg 24(3)(a)). Ensure exercises occur at a time agreed with the Chief Officer and in the presence of an authorised person (reg 23(4)).
Provide "basic education and training" to persons taking up permanent work or residence within 30 days (reg 28(5)). Document training and attendance.
Maintain exits, signage, emergency lighting and access
Ensure required exits are kept clear at all times (reg 17), exit signs are clearly visible (reg 18), and required emergency lighting is operational (reg 19). Where works make compliance temporarily impracticable, obtain building-surveyor approvals or document urgency and the steps taken to keep works as short as practicable to rely on statutory defences (regs 17(3), 18(2), 19(3)).
Ensure Fire Service members have unobstructed access to fire protection equipment and essential services (reg 15). Avoid storing materials or erecting fixtures that could interfere with essential services (reg 34).
Manage hot works and hazardous premises
For hot work, ensure compliance with AS 1674 and notify the owner/occupier beforehand (reg 35). Maintain permits or work permits and safe systems of work that meet the AS obligations.
If managing hazardous premises as defined in reg 36(1), provide an approved water supply for firefighting and ensure it is ready and accessible at all times (reg 36(2)). Ensure any water-supply proposal meets AS 2419 to secure Chief Officer approval (reg 36(4)).
Contracting, leases and owner/occupier coordination
Update tenancy and contractor agreements to allocate responsibilities for maintenance, servicing, record-keeping and costs. Reg 37 requires owners not to compromise occupiers’ ability to comply and vice versa. Reflect this reciprocal duty in lease schedules and make responsibilities clear for access, storage and installation works.
Compliance monitoring and audit
Implement an annual audit schedule to check: permits validity and re‑application timing (permits are non-renewable; reg 9 caps duration); record retention for seven years (reg 7(5)); date-tracking for evacuation plan expiries (reg 31); and training records for permanent staff/residents (reg 28(5)).
Assign a nominated compliance officer to liaise with the Chief Officer and authorised persons, to maintain records for inspections, and to respond to any requests for information (for deemed-registration persons, reg 7A(8)).
Dispute and review planning
If a permit is refused, varied or cancelled, be prepared to seek review under reg 13 in the Magistrates Court (Administrative Appeals Division). Document all interactions with the Chief Officer, the grounds for any administrative decisions, and the evidence of competence and CPD to support permit applications or responses to cancellation/variation.
Documentation and technical compliance
Keep documentary proof of compliance with incorporated Australian Standards: servicing records referencing AS 1851, hydrant and water-supply compliance to AS 2419, hot-work risk assessments and procedures in line with AS 1674, and emergency planning aligned to AS 3745/AS 4083 where applicable (reg 3(5)-(6), regs 21, 35, 36).
Timelines and immediate actions checklist
Immediately: classify buildings (regs 4-5); inventory essential services (Schedule 1); secure servicing contracts that meet AS 1851 and record-keeping templates for seven‑year retention (reg 7).
Within 14 days if applicable: deemed-registration notification to Chief Officer before commencing restricted activities (reg 7A(3)).
Within 30 days for new permanent staff/residents in a building with final-approved plan: provide basic education and training (reg 28(5)).
If submitting a plan: prepare per guidelines (reg 21), submit for in-principle approval (reg 22), schedule practice evacuation within 60 days of in-principle approval unless extended (reg 23).
Ongoing: annual practice evacuation and 5 days’ notice to Chief Officer (reg 24(2)-(3)); maintain records for seven years (reg 7(5)); ensure access for Fire Service (reg 15).
Following these steps will align operations with the major duties mapped in the regulations and help mitigate liability under the penalty framework set out in the instrument.
(b) the path of travel from the exit to a public road or open space;
fire evacuation plan means a fire evacuation plan that has in-principle or final approval under Division 2 of Part 3 ;
fire protection equipment means any of the following:
(a) a fire extinguisher;
(b) a fire hose reel;
(c) a fire blanket;
(d) a fire protection system;
fire protection system means any of the following:
(a) an automatic fire detection and alarm system;
(b) an automatic fire sprinkler system;
(c) an automatic smoke detection and alarm system;
(d) a fire-extinguishing system;
(e) a fire hydrant system;
(f) a mechanical smoke management system;
(g) a smoke alarm system connected to a monitored security system (other than a smoke alarm system in a Class 1a building);
(h) a smoke detection system;
(i) a sound system and intercom system for emergency purposes;
NCC means the National Construction Code series published by the Australian Building Codes Board, as amended or substituted from time to time;
notify means give notice in writing;
[Regulation 3 Subregulation (1) amended by S.R. 2024, No. 19, Applied:26 Jun 2024]
[Regulation 3 Subregulation (1) amended by S.R. 2024, No. 19, Applied:26 Jun 2024]permit means a permit –
(a) issued and in force in accordance with regulation 8 ; or
(b) taken to be held by a person in accordance with regulation 7A ;
practice evacuation means a practice evacuation under regulation 23 , 24 or 25 ;
prescribed building – see regulation 4 ;
relevant competence, in relation to a restricted activity, means qualifications, training, expertise or experience in that restricted activity;
required exit, of a building, means an exit that is required by any building controls to be installed in the building;
restricted activity means the installation, routine service or repair of fire protection equipment;
routine service has the same meaning as in AS 1851, and routinely service has a corresponding meaning;
specified building – see regulation 5 ;
test, of fire protection equipment, includes any inspection done in connection with the test.
(2) An expression used in these regulations and defined in the NCC has the same meaning in these regulations as in that code.
(3) An expression used in these regulations and defined in the Building Act 2016 or the Building Regulations has the same meaning in these regulations as in that Act, or in the Building Regulations, respectively.
(4) For the purpose of subregulations (2) and (3) , if there is any inconsistency between a definition in the NCC and a definition in the Building Act 2016 or the Building Regulations, the definition in the NCC prevails.
(5) A standard, rule, code or specification adopted by these regulations –
(a) forms part of these regulations subject to any modification expressed in the regulation adopting the standard, rule, code or specification; and
(b) applies only in respect of any regulation that refers to it, unless otherwise stated; and
(c) is to be interpreted so as to give effect to the intent of these regulations.
(6) In these regulations –
(a) a reference to a standard as “AS” followed by a number is a reference to the standard of that number published by Standards Australia, as set out in Schedule 2 ; and
(b) a reference to a standard includes a reference to that standard as amended and in force for the time being and a standard published in substitution for that standard.
4 Meaning of prescribed building
4 Meaning of prescribed building
For the purposes of these regulations, a prescribed building is –
(a) a Class 1b building that is used to provide supported accommodation for persons with physical, developmental or psychiatric disabilities; or
(b) a Class 2, Class 3, Class 5, Class 6, Class 7, Class 8 or Class 9 building.
5 Meaning of specified building
5 Meaning of specified building
(1) For the purposes of these regulations, a specified building is any of the following:
(a) a building that is capable of accommodating more than 200 persons, as estimated or determined in accordance with Table D1.13 of the NCC;
(b) a building that, under an occupancy permit issued under the Building Act 2016 , more than 200 persons are entitled to use at any one time;
(c) a building that is used to provide residential accommodation as part of an educational institution;
(d) a building that is used to provide residential accommodation for persons requiring medical, psychiatric or geriatric care;
(e) a building that is used to provide supported accommodation for persons with physical, developmental or psychiatric disabilities;
(f) a building that is used as or for a hostel, boarding house, guesthouse, lodging house or backpacker accommodation, being a building capable of accommodating 6 or more guests;
(g) a residential part of a hotel or motel, being a part capable of accommodating 6 or more guests;
(h) a child care centre within the meaning of the Child Care Act 2001 ;
(i) an education and care service premises for any education and care service other than a family day care service;
(j) a detention centre;
(k) a healthcare building;
(l) a residential aged care facility;
(m) a school;
(n) special fire hazard premises within the meaning of the Building Regulations;
(o) a building that is fitted with a fire protection system monitored by the Fire Service;
(p) a building in respect of which a declaration under subregulation (3)(a) is in effect.
(2) For the purposes of subregulation (1)(i) , education and care service, education and care service premises and family day care service have the same meanings as in the Education and Care Services National Law (Tasmania).
(3) The Chief Officer, by notice in the Gazette, may –
(a) declare a building to be a specified building for the purposes of these regulations if the Chief Officer reasonably determines, in accordance with established risk analysis and fire engineering principles, that the building presents or contains a particular fire risk; and
(b) revoke any such declaration.
(4) A declaration under subregulation (3)(a) may be in respect of an individual building or in respect of a building by reference to its kind or class.
(5) A notice under subregulation (3) is not a statutory rule for the purpose of the Rules Publication Act 1953 .
Part 2 Fire Protection Equipment
Part 2 Fire Protection Equipment
6 Routine service of fire protection equipment in prescribed buildings
6 Routine service of fire protection equipment in prescribed buildings
(1) This regulation applies to fire protection equipment installed in a prescribed building pursuant to the requirements of any building controls.
(2) The occupier of the prescribed building must ensure that the fire protection equipment is routinely serviced so as to be capable of operating to the standard to which it was designed.
Penalty: Fine not exceeding 50 penalty units.
7 Routine service and repair of fire protection equipment in buildings generally
7 Routine service and repair of fire protection equipment in buildings generally
(1) In this regulation –
qualified person, in relation to a routine service or repair, means a person who holds a permit that authorises its holder to do the routine service or repair;
suitable record, of any routine service or repair, means a record that sets out –
(a) the nature of the routine service or repair; and
(b) the date on which the routine service or repair was done; and
(c) if, in the case of a routine service, a test was involved –
(i) the nature of the test; and
(ii) the date of the test; and
(iii) the result of the test; and
(d) the name of the person who did the routine service or repair; and
(e) a certification by that person as to the doing of the routine service or repair.
(2) This regulation applies to fire protection equipment installed in a building pursuant to the requirements of any building controls.
(3) The occupier of the building must ensure that the fire protection equipment is –
(a) routinely serviced; and
(b) routinely serviced, and repaired, only by a qualified person.
Penalty: Fine not exceeding 25 penalty units.
(4) As soon as practicable after any of the fire protection equipment is routinely serviced or repaired, the occupier of the building must –
(a) make a suitable record of the routine service or repair; or
(b) cause such suitable record to be made.
Penalty: Fine not exceeding 25 penalty units.
(5) The occupier of the building must ensure that a record made under subregulation (4) (or a copy of the record) –
(a) is kept in the building for at least 7 years; and
(b) is provided to an authorised person if the authorised person requires the occupier to provide the record or copy to the authorised person.
Penalty: Fine not exceeding 25 penalty units.
7A Deemed registration of person to install, routinely service or repair fire protection equipment
7A Deemed registration of person to install, routinely service or repair fire protection equipment
[Regulation 7A Inserted by S.R. 2024, No. 19, Applied:26 Jun 2024]
(1) In this regulation –
occupation has the meaning it has in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;
participating jurisdiction has the meaning it has in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth.
(2) Subject to this regulation, a person is taken to hold a permit for the purposes of these regulations if the person holds deemed registration.
(3) A person who intends to carry on a restricted activity, or any combination of restricted activities, in this State by virtue of holding deemed registration must notify the Chief Officer that the person holds deemed registration at least 14 days before that person carries on the restricted activity, or combination of restricted activities, in this State.
Penalty: Fine not exceeding 10 penalty units.
(4) A notification under subregulation (3) –
(a) must be in an approved manner; and
(b) must be in an approved form; and
(c) is to contain any information that the Chief Officer considers necessary.
(5) If there is any change in the information contained in a notification under subregulation (3) , the person who made the notification must, as soon as is practicable and within 14 days after the changes, in an approved form, notify the Chief Officer of those changes.
Penalty: Fine not exceeding 10 penalty units.
(6) A person who is taken to hold a permit by virtue of holding deemed registration must not carry on a restricted activity, or any combination of restricted activities, in this State unless the restricted activity, or the combination of restricted activities, is within the scope of the work that the person is authorised to carry on for that occupation in the relevant participating jurisdiction.
Penalty: Fine not exceeding 10 penalty units.
(7) If a person who is taken to hold a permit by virtue of holding deemed registration ceases to hold the deemed registration, the person is no longer taken to hold the permit for the purposes of these regulations and must not carry on a restricted activity, or any combination of restricted activities, in this State.
Penalty: Fine not exceeding 10 penalty units.
(8) The Chief Officer may, at any time, request a person, who is taken to hold a permit by virtue of holding deemed registration, to provide the Chief Officer with any information that the Chief Officer requires in relation to the maintenance of the person’s skills and any continuing professional development undertaken by the person.
(9) For the avoidance of doubt, regulations 8 , 9 , 10 and 11 do not apply to a person who is taken to hold a permit by virtue of holding deemed registration.
8 Permits to install, routinely service or repair fire protection equipment
8 Permits to install, routinely service or repair fire protection equipment
(1) The Chief Officer may issue a permit authorising its holder to do a restricted activity or any combination of restricted activities.
(2)
This is an opening excerpt, not the complete document.