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These Regulations may be cited as the Fire and Emergency
Regulations 1996.
In these Regulations:
AS, followed by a designation, means the Australian Standard having that designation.
Australian Standard means a standard published by Standards Australia Limited ABN 85 087 326 690, as in force from time to time.
Building Code means the Building Code of Australia published by the Australian Building Codes Board, as in force from time to time.
caravan means a habitable structure designed to be towed or carried by a motor vehicle (whether or not the structure has wheels), and includes an annex attached to the structure.
manufactured home means a structure that:
has the character of a dwelling house; and
is designed to be able to be moved from one place to another;
and includes an annex attached to the structure.
moveable dwelling means:
a manufactured home; or
a caravan; or
a permanently sited tent that:
has a permanent floor structure; and
is used or offered for use for residential purposes.
(1) The occupier or, if there is no occupier, the owner of land in an emergency response area must ensure a firebreak that complies with this regulation is created and maintained along the entire boundary of the land.
Maximum penalty: 100 penalty units.
The firebreak must:
be at least 4 m wide; and
consist of one or more of the following:
bare earth;
grass not exceeding 50 mm high;
lawn or cultivated garden.
However, the firebreak may contain trees if they do not:
(a) restrict fire-fighting vehicles being driven along the firebreak; or
(b) otherwise pose a direct or indirect danger by fire or other emergency to life or property.
Subject to regulation 12, the occupier or, if there is no occupier, the owner of land must ensure flammable or combustible material does not accumulate on the land in a way that constitutes a danger by fire.
Maximum penalty: 100 penalty units.
The occupier of land on which empty cases, boxes, cartons or other containers of a flammable or combustible nature are stacked in the open air must ensure each stack:
is not more than 2 m high; and
is built on a base not more than 2 m wide; and
(c) is accessible on all sides by means of a passageway at least 1 m wide; and
(d) is not less than 4 m from any structure on the land or the boundary of the land.
Maximum penalty: 100 penalty units.
The occupier of land on which sawn timber or wood is stacked in the open air must ensure:
each stack is not more than 3 m high; and
each stack is built on a base not more than 2.5 m wide; and
(c) each stack is accessible on all sides by means of a passageway at least 1.5 m wide; and
(d) the ground is so cleared that there is no flammable or combustible matter within 4 m of each stack; and
(e) each stack is not less than 4 m from any structure on the land or the boundary of the land.
Maximum penalty: 100 penalty units.
The occupier of land on which bulk flammable or combustible material is stored, whether loose or packed in cases, bags, bales, cartons or boxes, must ensure:
the flammable or combustible material is not stored in a way that constitutes a danger by fire; and
if the flammable or combustible material is stored in an enclosed building:
it is stored in bays the dimensions of which do not exceed 3 m in length or width; and
the top of the stack of material in each bay is at least 75 cm below the ceiling of the building; and
there is a clear passageway at least 1.5 m wide between each bay; and
the flammable or combustible material is stored not less than 4m from the boundary of the land.
Maximum penalty: 100 penalty units.
(1) The occupier of land on which tyres (whether new or used) are stacked must ensure that:
the height of any stack does not exceed 3 m; and
(b) the base layer of tyres in any stack does not exceed 45 m in length and 5 m in width; and
the slope of any side of any stack is not steeper than 1:1.
Maximum penalty: 100 penalty units.
(2) The occupier must ensure that stacks are separated from each other, and from the boundary of the land:
by not less than 10 m at any point; or
by walls that have a fire rating of not less than 4 hours.
Maximum penalty: 100 penalty units.
The occupier must ensure that, if stacks are separated by walls:
(a) the walls exceed the height of the stacks by not less than 1.5 m and protrude not less than 1.5 m past the stack at either end; and
(b) the stacks are not grouped more than 2 stacks in either direction; and
the aggregate width of the group does not exceed 10 m; and
the aggregate length of the group does not exceed 90 m; and
(e) a group of stacks is separated from any other flammable or combustible material (including any other group of stacks, any individual stacks and grass or weeds) by not less than 10 m at any point.
Maximum penalty: 100 penalty units.
The occupier of a building in which a fume or exhaust flue has been constructed must ensure the flue is:
fitted with inspection ports; and
inspected at least twice annually; and
cleaned at least annually.
Maximum penalty: 100 penalty units.
The occupier of land on which cutting, heating or welding equipment, as defined in AS 1674 (Safety in welding and allied processes), is used as part of a business conducted on the land must ensure, while the equipment is being used:
a fire extinguisher of a type that is appropriate in accordance with AS 2444 (Portable fire extinguishers and fire blankets –
Selection and location), having regard to the equipment being used, is readily accessible to the person using the equipment; and
where there is a possibility of danger by fire to life or property, a protective screen surrounds the area in which the equipment is being used.
Maximum penalty: 100 penalty units.
A person using cutting, heating or welding equipment, as defined in AS 1674 (Safety in welding and allied processes), whether in the open air or in an enclosed space, must ensure all welding dross or residue that may be a source of ignition for flammable or combustible material or that may cause a fire is contained within the immediate vicinity of the equipment and properly extinguished.
Maximum penalty: 100 penalty units.
The occupier of land on which a factory, workshop, service station, engine-room, power station or shipyard is situated must ensure:
(a) adequate steel containers are provided for all polishing cloths, oil-soaked rags and oily waste; and
the containers are fitted with secure tightly fitting lids.
Maximum penalty: 100 penalty units.
(1AA) The classes of buildings (prescribed buildings) specified in Schedule 2 are prescribed for section 27A(1) of the Act.
(1) The owner of a prescribed building must ensure all persons who work in the building are given instruction in accordance with subregulation (2) on measures for the protection of persons in the building from fire and fire related emergencies:
(a) not later than 30 days after commencing work in the building; and
(b) at intervals of not more than 12 months while they continue to work in the building.
Maximum penalty: 100 penalty units.
(2) The instruction must include information relating to the following:
the means of access to and egress from the building;
(b) the location of fire-fighting equipment available in the building and the method of use of the equipment;
(c) the location of warning apparatus in the building and the method of use of the apparatus;
for persons nominated as fire wardens for areas of the building:
(i) conducting other persons to the means of egress mentioned in paragraph (a) or a place of safety; and
(ii) the methods of accounting for persons and reporting to the person for the time being in charge of the building.
(3) The owner of a prescribed building must keep a register containing details of the following:
the information to be given to persons working in the building;
(b) the name of the person responsible for giving the instruction required by this regulation and the date on which such instruction was given;
(c) the names of the persons or the groups of persons to whom instruction was given and a description of the kind of instruction given.
Maximum penalty: 20 penalty units.
(4) The owner must produce the register for inspection on demand by a member.
Maximum penalty: 100 penalty units.
(5) The owner of a prescribed building must ensure the requirements of AS 3745 (Planning for emergencies in facilities) are applied to safety systems that are installed in the building.
Maximum penalty: 100 penalty units.
The owner of a prescribed building must ensure:
(a) fire alarms and other warning apparatus, exit lights, emergency lighting and fire-fighting equipment are maintained in accordance with relevant standards; and
(b) there is no obstruction of designated fire exits or the path of travel to those exits; and
(c) flammable or combustible material is not stored in, or in the vicinity of, stairways or exits; and
designated fire exits are:
(i) fitted with locking devices that comply with the relevant Australian Standard and any legislative requirements; and
not fitted with any non-compliant locking devices; and
(e) if any law provides for a maximum permissible number of persons that may be in the building at any time – the number of persons in the building does not exceed the maximum.
Maximum penalty: 100 penalty units.