Table of Contents. Adoption and use of AS

Transcription

1 Good Practice Guide

2 Table of Contents 1.0 Purpose Audience Introduction Regulatory Issues Australian Legislative Framework Building Regulations in Australia Statutory law obligations in relation to maintenance Common Law Duty of Care Maintenance of Fire Protection Systems and Equipment Referencing of AS 1851 in legislation Reconciling legal obligations Enforcement of Statutory non-compliance Other Enforcement Mechanisms Use of AS 1851 in locations other than buildings Summary of the ability to use AS Conclusion Disclaimer Appendix A Guide to using AS in the Australian Capital Territory Appendix B Guide to using AS in New South Wales Appendix C Guide to using AS in the Northern Territory Appendix D Guide to using AS in Queensland Appendix E Guide to using AS in South Australia Appendix F Guide to using AS in Tasmania Appendix G Guide to using AS in Victoria Appendix H Guide to using AS in Western Australia Appendix I List of referenced documents Good Practice Guide Adoption and use of AS Version 1 Page 2

3 1.0 Purpose 2.0 Audience Good Practice Guide Adoption and use of AS Version 1 Page 3

4 3.0 Introduction Good Practice Guide Adoption and use of AS Version 1 Page 4

5 4.0 Regulatory Issues 4.1 Australian Legislative Framework Good Practice Guide Adoption and use of AS Version 1 Page 5

6 Act Act of parliament Establishes the Law Primary legislation Regulation Authorised by an Act Therefore there is a Lawful requirement to comply with provisions Sets maintenance requirements May reference Codes and Standards Codes Compliance only compulsory if referenced by an Act or Regulation Sets minimum technical requirements May reference other Codes and Standards Standards Standards are generally voluntary when first published Compliance only compulsory if referenced by an Act or Regulation or a referenced Code May be considered as Quasi Regulations in the absence of direct referencing by an Act or Regulation Can be used to meet a common law duty of care 4.2 Building Regulations in Australia Good Practice Guide Adoption and use of AS Version 1 Page 6

7 4.3 Statutory law obligations in relation to maintenance Good Practice Guide Adoption and use of AS Version 1 Page 7

8 4.4 Common Law Duty of Care 4.5 Maintenance of Fire Protection Systems and Equipment Good Practice Guide Adoption and use of AS Version 1 Page 8

9 4.6 Referencing of AS 1851 in legislation Good Practice Guide Adoption and use of AS Version 1 Page 9

10 Good Practice Guide Adoption and use of AS Version 1 Page 10

11 4.7 Reconciling legal obligations Workplace Health & Safety Common Law Duty of Care Dangerous Goods Building and Fire Legislative Compliance Industry Specific Good Practice Guide Adoption and use of AS Version 1 Page 11

12 Good Practice Guide Adoption and use of AS Version 1 Page 12

13 4.8 Enforcement of Statutory non-compliance 4.9 Other Enforcement Mechanisms 5.0 Use of AS 1851 in locations other than buildings Good Practice Guide Adoption and use of AS Version 1 Page 13

14 6.0 Summary of the ability to use AS Good Practice Guide Adoption and use of AS Version 1 Page 14

15 Important Note: This table reflects the standard provisions in each jurisdictions legislative framework that apply without taking into consideration the opportunities that may exist to develop alternative solutions for undertaking maintenance that may allow for the use of AS Good Practice Guide Adoption and use of AS Version 1 Page 15

16 7.0 Conclusion 8.0 Disclaimer Good Practice Guide Adoption and use of AS Version 1 Page 16

17 Appendix A Guide to using AS in the Australian Capital Territory Important Note: Due to the complex nature of legislation, the advice provided below should only be considered as a guide and may not be appropriate in all circumstances. Further advice may be required from the appropriate authority having jurisdiction to confirm if an alternative approach to the maintenance of fire protection systems and equipment is available or required for a particular site. 1.0 Statutory law obligations 2.0 Adopting and using the latest version of AS 1851 Good Practice Guide Adoption and use of AS Version 1 Page 17

18 3.0 Links to documents and contact information Good Practice Guide Adoption and use of AS Version 1 Page 18

19 Appendix B Guide to using AS in New South Wales Important Note: Due to the complex nature of legislation, the advice provided below should only be considered as a guide and may not be appropriate in all circumstances. Further advice may be required from the appropriate authority having jurisdiction to confirm if an alternative approach to the maintenance of fire protection systems and equipment is available or required for a particular site. 1.0 Statutory law obligations Part 9 Environmental Planning and Assessment Regulation 2000 Division 1 Identifes EFSM Included in a Fire Safety Schedule Included in the essential services list from previous legislaton Division 6 Identifies Maintenenace Requirements Different requirements for EFSMs included in a schedule from those not in a schedule Division 5 Establishes Annual Reporting Requirements Good Practice Guide Adoption and use of AS Version 1 Page 19

20 2.0 Adopting and using the latest version of AS 1851 Good Practice Guide Adoption and use of AS Version 1 Page 20

21 3.0 Links to documents and contact information Good Practice Guide Adoption and use of AS Version 1 Page 21

22 Appendix C Guide to using AS in the Northern Territory Important Note: Due to the complex nature of legislation, the advice provided below should only be considered as a guide and may not be appropriate in all circumstances. Further advice may be required from the appropriate authority having jurisdiction to confirm if an alternative approach to the maintenance of fire protection systems and equipment is available or required for a particular site. 1.0 Statutory law obligations 1.1 Building Act and Regulations Good Practice Guide Adoption and use of AS Version 1 Page 22

23 1.2 Fire and Emergency Act and Regulations 2.0 Adopting and using the latest version of AS 1851 Good Practice Guide Adoption and use of AS Version 1 Page 23

24 3.0 Links to documents and contact information Good Practice Guide Adoption and use of AS Version 1 Page 24

25 Appendix D Guide to using AS in Queensland Important Note: Due to the complex nature of legislation, the advice provided below should only be considered as a guide and may not be appropriate in all circumstances. Further advice may be required from the appropriate authority having jurisdiction to confirm if an alternative approach to the maintenance of fire protection systems and equipment is available or required for a particular site. 1.0 Statutory law obligations Fire and Rescue Service Act Part 9A Division 2 Building Fire Safety Regulations Part 5 Queensland Development Code MP 6.1 Good Practice Guide Adoption and use of AS Version 1 Page 25

26 1.1 Buildings constructed after 12 September Buildings constructed before 12 September 2005 Good Practice Guide Adoption and use of AS Version 1 Page 26

27 QDC part MP 6.1 For All Buildings For Buildings approved prior to AS In both situations PFSI s to AS Passive PFSI s to Schedule 1 Emergency Lighting to AS/NZS PFSI s to Standard applicable at approval PFSI s to Manufacturer or qualified person instructions PFSI s subject to Alternative Solution Multiple options based on building class As per QDC or Alternative Solution 1.3 Additional requirements for water based systems 2.0 Adopting and using the latest version of AS 1851 Good Practice Guide Adoption and use of AS Version 1 Page 27

28 3.0 Links to documents and contact information Good Practice Guide Adoption and use of AS Version 1 Page 28

29 Appendix E Guide to using AS in South Australia Important Note: Due to the complex nature of legislation, the advice provided below should only be considered as a guide and may not be appropriate in all circumstances. Further advice may be required from the appropriate authority having jurisdiction to confirm if an alternative approach to the maintenance of fire protection systems and equipment is available or required for a particular site. 1.0 Statutory law obligations 1.1 Minister s Specification SA 76 Maintenance and testing of safety installations. Schedule of essential safety provisions Good Practice Guide Adoption and use of AS Version 1 Page 29

30 2.0 Adopting and using the latest version of AS 1851 Good Practice Guide Adoption and use of AS Version 1 Page 30

31 3.0 Links to documents and contact information Good Practice Guide Adoption and use of AS Version 1 Page 31

32 Appendix F Guide to using AS in Tasmania Important Note: Due to the complex nature of legislation, the advice provided below should only be considered as a guide and may not be appropriate in all circumstances. Further advice may be required from the appropriate authority having jurisdiction to confirm if an alternative approach to the maintenance of fire protection systems and equipment is available or required for a particular site. 1.0 Statutory law obligations Good Practice Guide Adoption and use of AS Version 1 Page 32

33 2.0 Adopting and using the latest version of AS Links to documents and contact information Good Practice Guide Adoption and use of AS Version 1 Page 33

34 Appendix G Guide to using AS in Victoria Important Note: Due to the complex nature of legislation, the advice provided below should only be considered as a guide and may not be appropriate in all circumstances. Further advice may be required from the appropriate authority having jurisdiction to confirm if an alternative approach to the maintenance of fire protection systems and equipment is available or required for a particular site. 1.0 Statutory law obligations Good Practice Guide Adoption and use of AS Version 1 Page 34

35 Building Regulations 2006 Part 12 Division 1 Subdivision 1 Post 1 July 1994 Subdivision 2 Pre 1 July 1994 Subdivision 3 Regulation 1203 Owner to maintain ESM s as condition of Occupancy Permit Regulation 1205 Owner to maintain ESM s in accordance with Maintenance Determination Regulation 1217 Owner to maintain ESM s to fulfil original purpose Regulation 1218 Occupiers responsible for exits and paths of travel to exits 1.1 Buildings constructed before 1 July Buildings constructed after 1 July 1994 Good Practice Guide Adoption and use of AS Version 1 Page 35

36 2.0 Adopting and using the latest version of AS Links to documents and contact information Good Practice Guide Adoption and use of AS Version 1 Page 36

37 Appendix H Guide to using AS in Western Australia Important Note: Due to the complex nature of legislation, the advice provided below should only be considered as a guide and may not be appropriate in all circumstances. Further advice may be required from the appropriate authority having jurisdiction to confirm if an alternative approach to the maintenance of fire protection systems and equipment is available or required for a particular site. 1.0 Statutory law obligations Good Practice Guide Adoption and use of AS Version 1 Page 37

38 2.0 Adopting and using the latest version of AS Links to documents and contact information Good Practice Guide Adoption and use of AS Version 1 Page 38

39 Appendix I List of referenced documents Good Practice Guide Adoption and use of AS Version 1 Page 39