Building Fire Safety Regulation 2008

This regulation may be cited as the Building Fire Safety Regulation 2008.

This regulation commences on 1 July 2008.

The dictionary in schedule 3 defines particular words used in this regulation.

The main objects of this regulation are—

to ensure persons can evacuate buildings safely and quickly if a fire or hazardous materials emergency happens; and

to ensure prescribed fire safety installations for buildings are maintained.

This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.

For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded down to the nearest multiple of 5 cents.

Example—

Section 64A(3)(b) provides for a fee of 62.05 fee units. If the value of a fee unit for this regulation were $1.015, the number of dollars obtained by multiplying $1.015 by 62.05 would be $62.98075. After rounding down, the amount of the fee would be $62.95.

An evacuation route, in relation to a building, means—

for division 4—a path of travel from any place in the building, through a final exit of the building, to a place of safety outside the building; or

otherwise—a path of travel from a common area of the building, through a final exit of the building, to a place of safety outside the building.

An evacuation route includes the space above a path of travel.

A common area of a building means a part of a building that is designed or constructed to be used as a thoroughfare.

Examples of a common area—

a hallway, corridor, passageway, landing, stairway or ramp

However, a common area of a building does not include a part of a building that is—

used entirely or mainly as a residence; and

occupied by a person who owns, or is a tenant of, the part of the building.

A person must not—

place a thing—

within 2m of a final exit outside a building; or

in another place on an evacuation route of a building if the thing would be likely to unduly restrict, hinder or delay a person (an affected person), if the affected person were using the evacuation route in the event of a fire or hazardous materials emergency; or

otherwise obstruct an evacuation route of a building.

Example for paragraph (b)—

persons gathering outside a final exit of a building in a way that would be likely to unduly hinder the passage of persons leaving the building in the event of a fire

Maximum penalty—30 penalty units.

For deciding if a thing on an evacuation route would be likely to unduly restrict, hinder or delay a person under subsection (1)(a)(ii), regard must be had to—

the number, mobility and other relevant characteristics of persons who would be likely to use the evacuation route in the event of a fire or hazardous materials emergency; and

Example of another relevant characteristic for paragraph (a)—

a person with special needs

whether the thing would be likely to be displaced by a person using the evacuation route in the event of a fire or hazardous materials emergency.

The occupier of a building must not allow a thing to be placed or to remain—

within 2m of a final exit outside the building; or

in another place on an evacuation route of the building, if the thing would be likely to unduly restrict, hinder or delay a person, if the person were using the evacuation route in the event of a fire or hazardous materials emergency.

Maximum penalty—30 penalty units.

For deciding if a thing on an evacuation route would be likely to unduly restrict, hinder or delay a person under subsection (1)(b), regard must be had to—

the number, mobility and other relevant characteristics of persons who would be likely to use the evacuation route in the event of a fire or hazardous materials emergency; and

whether the thing would be likely to be displaced by a person using the evacuation route in the event of a fire or hazardous materials emergency.

Also, the occupier of a building must take reasonable steps to ensure that a person does not obstruct an evacuation route of the building.

Example of a reasonable step for subsection (3)—

The occupier erects a rope or other temporary barrier outside a final exit of the building that allows persons to queue to enter the building in a way that would not be likely to unduly hinder the passage of persons leaving the building in the event of fire.

Maximum penalty—30 penalty units.

This section applies to the occupier of premises that adjoin a final exit of a building (the adjoining building).

The occupier must not allow a thing to be placed, or to remain—

within 2m of a final exit outside the adjoining building; or

in another place where the thing would be likely to unduly restrict, hinder or delay a person, if the person were using a final exit of the adjoining building in the event of a fire or hazardous materials emergency.

Examples for subsection (2)—

• the occupier of a shop in a food court allowing its rubbish bins to remain within 2m of the final exit of an adjoining shop

• the occupier of a carpark allowing vehicles to be parked so that persons leaving an adjoining building are unduly restricted in accessing the carpark or an adjacent road

Maximum penalty—30 penalty units.

A reference to locking a door is a reference to locking the door in a closed position.

Locking a door includes fastening the door or otherwise interfering with its ability to be opened.

However, a door on an evacuation route of a building is not locked if it can be opened—

from the internal side using 1 device that can be operated by 1 downward or pushing action using 1 hand; or

Examples of devices—

• a handle, lever or panic bar

• a device consisting of a button or switch that can be operated to allow a door to open electronically and automatically allows the door to be opened if the door fails to open electronically

in another way that complies with the Building Code of Australia.

A person must not lock a door on an evacuation route of a building if the person knows, or reasonably ought to know, that another person is within the building on the internal side of the door.

Maximum penalty—30 penalty units.

The occupier of a building must ensure that a door on an evacuation route of the building is not locked, if the occupier knows, or reasonably ought to know, that a person is within the building on the internal side of the door.

Maximum penalty—30 penalty units.

This section does not apply if section 12 applies.