Good Practice Guide
Table of Contents 1.0 Purpose... 3 2.0 Audience... 3 3.0 Introduction... 4 4.0 Regulatory Issues... 5 4.1 Australian Legislative Framework... 5 4.2 Building Regulations in Australia... 6 4.3 Statutory law obligations in relation to maintenance... 7 4.4 Common Law Duty of Care... 8 4.5 Maintenance of Fire Protection Systems and Equipment... 8 4.6 Referencing of AS 1851 in legislation... 9 4.7 Reconciling legal obligations... 11 4.8 Enforcement of Statutory non-compliance... 13 4.9 Other Enforcement Mechanisms... 13 5.0 Use of AS 1851 in locations other than buildings... 13 6.0 Summary of the ability to use AS 1851-2012... 14 7.0 Conclusion... 16 8.0 Disclaimer... 16 Appendix A Guide to using AS 1851-2012 in the Australian Capital Territory... 17 Appendix B Guide to using AS 1851-2012 in New South Wales... 19 Appendix C Guide to using AS 1851-2012 in the Northern Territory... 22 Appendix D Guide to using AS 1851-2012 in Queensland... 25 Appendix E Guide to using AS 1851-2012 in South Australia... 29 Appendix F Guide to using AS 1851-2012 in Tasmania... 32 Appendix G Guide to using AS 1851-2012 in Victoria... 34 Appendix H Guide to using AS 1851-2012 in Western Australia... 37 Appendix I List of referenced documents... 39 Good Practice Guide Adoption and use of AS 1851-2012 Version 1 Page 2
1.0 Purpose 2.0 Audience Good Practice Guide Adoption and use of AS 1851-2012 Version 1 Page 3
3.0 Introduction Good Practice Guide Adoption and use of AS 1851-2012 Version 1 Page 4
4.0 Regulatory Issues 4.1 Australian Legislative Framework Good Practice Guide Adoption and use of AS 1851-2012 Version 1 Page 5
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 1851-2012 Version 1 Page 6
4.3 Statutory law obligations in relation to maintenance Good Practice Guide Adoption and use of AS 1851-2012 Version 1 Page 7
4.4 Common Law Duty of Care 4.5 Maintenance of Fire Protection Systems and Equipment Good Practice Guide Adoption and use of AS 1851-2012 Version 1 Page 8
4.6 Referencing of AS 1851 in legislation Good Practice Guide Adoption and use of AS 1851-2012 Version 1 Page 9
Good Practice Guide Adoption and use of AS 1851-2012 Version 1 Page 10
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 1851-2012 Version 1 Page 11
Good Practice Guide Adoption and use of AS 1851-2012 Version 1 Page 12
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 1851-2012 Version 1 Page 13
6.0 Summary of the ability to use AS 1851-2012 Good Practice Guide Adoption and use of AS 1851-2012 Version 1 Page 14
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 1851-2012. Good Practice Guide Adoption and use of AS 1851-2012 Version 1 Page 15
7.0 Conclusion 8.0 Disclaimer Good Practice Guide Adoption and use of AS 1851-2012 Version 1 Page 16
Appendix A Guide to using AS 1851-2012 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 1851-2012 Version 1 Page 17
3.0 Links to documents and contact information Good Practice Guide Adoption and use of AS 1851-2012 Version 1 Page 18
Appendix B Guide to using AS 1851-2012 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 1851-2012 Version 1 Page 19
2.0 Adopting and using the latest version of AS 1851 Good Practice Guide Adoption and use of AS 1851-2012 Version 1 Page 20
3.0 Links to documents and contact information Good Practice Guide Adoption and use of AS 1851-2012 Version 1 Page 21
Appendix C Guide to using AS 1851-2012 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 1851-2012 Version 1 Page 22
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 1851-2012 Version 1 Page 23
3.0 Links to documents and contact information Good Practice Guide Adoption and use of AS 1851-2012 Version 1 Page 24
Appendix D Guide to using AS 1851-2012 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 1851-2012 Version 1 Page 25
1.1 Buildings constructed after 12 September 2005 1.2 Buildings constructed before 12 September 2005 Good Practice Guide Adoption and use of AS 1851-2012 Version 1 Page 26
QDC part MP 6.1 For All Buildings For Buildings approved prior to AS 1851-2005 In both situations PFSI s to AS 1851-2005 Passive PFSI s to Schedule 1 Emergency Lighting to AS/NZS 2293.2-1995 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 1851-2012 Version 1 Page 27
3.0 Links to documents and contact information Good Practice Guide Adoption and use of AS 1851-2012 Version 1 Page 28
Appendix E Guide to using AS 1851-2012 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 1851-2012 Version 1 Page 29
2.0 Adopting and using the latest version of AS 1851 Good Practice Guide Adoption and use of AS 1851-2012 Version 1 Page 30
3.0 Links to documents and contact information Good Practice Guide Adoption and use of AS 1851-2012 Version 1 Page 31
Appendix F Guide to using AS 1851-2012 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 1851-2012 Version 1 Page 32
2.0 Adopting and using the latest version of AS 1851 3.0 Links to documents and contact information Good Practice Guide Adoption and use of AS 1851-2012 Version 1 Page 33
Appendix G Guide to using AS 1851-2012 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 1851-2012 Version 1 Page 34
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 1994 1.2 Buildings constructed after 1 July 1994 Good Practice Guide Adoption and use of AS 1851-2012 Version 1 Page 35
2.0 Adopting and using the latest version of AS 1851 3.0 Links to documents and contact information Good Practice Guide Adoption and use of AS 1851-2012 Version 1 Page 36
Appendix H Guide to using AS 1851-2012 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 1851-2012 Version 1 Page 37
2.0 Adopting and using the latest version of AS 1851 3.0 Links to documents and contact information Good Practice Guide Adoption and use of AS 1851-2012 Version 1 Page 38
Appendix I List of referenced documents Good Practice Guide Adoption and use of AS 1851-2012 Version 1 Page 39