Fire and Emergency Management Planning

Building Fire Safety Regulation 2008

OBJECTIVE
The main objects of this regulation are—

  1. to ensure persons can evacuate buildings safely and quickly if a fire or hazardous materials emergency happens; and
  2. to ensure prescribed fire safety installations for buildings are maintained.

APPLICATION
Applies to ALL buildings

building means a fixed structure that is wholly or partly enclosed by walls and is roofed and includes a floating building and any part of a building but does not include—

  • a single dwelling house, being either a detached dwelling house or a town, terrace, row, villa or like house attached to another such house or other such houses only by a wall on 1 or more of its sides;

RESPONSIBILITY FOR IMPLEMENTATION

  • The owner of the building; and
  • The occupier of the building; and
  • Managing entity

managing entity, of a multi-occupancy building, means the entity that is the occupier of, or in control of, the general access areas of the building.
Examples of entities that may be managing entities of buildings—

  • the body corporate of a community titles scheme identifying scheme land on which a building is situated
  • the owner of a building

SPECIFIC REQUIREMENTS

  1.  Keep evacuation routes clear of obstructions
  • Path of travel to exit from anywhere within the building to be clear
  • Keep area at final exit of building clear for 2 meters
  • Don’t obstruct the exit from an adjoining building
  • Do not have doors locked that will obstruct the exit through a path of travel (fire doors to units)
  • Evacuation routes to be kept isolated

2. Keeping of Fire and Evacuation Plans

  • Must be developed by each occupant of the building
  • The managing entity must ensure the fire and evacuation plan takes into account the evacuation coordination procedures stated in the fire and evacuation plans for all parts of the building occupied by secondary occupiers
  • The occupier must ensure the fire and evacuation plan for the part of the building complements the evacuation coordination procedures under the fire and evacuation plan kept by the managing entity for the building
  • Ensure the fire and evacuation plan for the building is made available for inspection in the building during its normal business hours
  • Allow a person to inspect the fire and evacuation plan free of charge.
  • If any changes are made to the Fire Evacuation Plan by “any party” notice must be given within 1 month of the change
  • Must be reviewed at least annually
  • Page 1 of 8Evacuation sign and diagrams must be displayed

3.    Evacuation procedures training must be given to each person at least annually
4.    Training in the use of first response fire equipment must be given at least each 2 years
5.    Evacuation practice must be conducted at least annually (The occupier, owner or managing agent to organise this practice)
6.    Records must be kept for all training and evacuation practice
7.    Records to be kept of all testing of fire equipment.
8.    Records to be held for 2 years
9.    Must have a Fire Safety Advisor is high occupancy building. (residential building >25m high; building with >29 workers; special buildings like budget accommodation)
10.    All buildings must comply by 1 July 2010
11.    Each occupier of a multi occupancy property must have Fire and Evacuation Plans
12.    The Managing Entity must ensure all Fire and Evacuation Plans are complementary

SPECIFIC DETAILS FROM THE REGULATIONS

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.

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

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.

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

General obligations about locking doors (Does not apply to Child Care Centres or Person in Custody

  1. 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.
  2. 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.

Evacuation routes to be kept isolated

  • A person must not install or alter a mechanical ventilation or air conditioning system in a building in a way that, in the event of a fire or hazardous materials emergency, may allow air to flow onto an evacuation route of the building from another space in the building, including, for example, a fire-isolated compartment. Maximum penalty—30 penalty units.
  • A person must not do an act, other than an act mentioned in subsection (1), that, in the event of a fire or hazardous materials emergency, may allow air to flow onto an evacuation route of a building from another space in the building, including, for example, a fire-isolated compartment.

Subdivision 1 Keeping fire and evacuation plans in specified form

21 General requirements

  1. This section is subject to sections 22 and 23.
  2. The occupier of a building must ensure the fire and evacuation plan for the building—
  • is kept in written form; and
  • states the matters mentioned in subsection (3); and
  • includes—
  • the evacuation diagram of the building; and
  • if an evacuation diagram has been made for a part of the building—the evacuation diagram of the part of the building.

3. A fire and evacuation plan for a building must state each of the following—

  • the name, if any, and address of the building;
  • the name, address, telephone number and electronic contact details of the owner and occupier of the building;
  • the evacuation coordination procedures for the building;
  • instructions for evacuating the building safely in accordance with the evacuation coordination procedures for the building in the event of a fire or hazardous materials emergency;
  • the method of operation of fire fighting equipment and manually operated fire alarms in the building;
  • the procedures for giving fire and evacuation instructions under this part to persons working in the building and ensuring the instructions are given;

Requirements for managing entities

  1. This section applies to the managing entity of a multi-occupancy building for keeping the fire and evacuation plan for the building under this subdivision.
  2. The managing entity must ensure the fire and evacuation plan takes into account the evacuation coordination procedures stated in the fire and evacuation plans for all parts of the building occupied by secondary occupiers.

Requirements for secondary occupiers

  1. This section applies to the secondary occupier of a part of a multi-occupancy building for keeping the fire and evacuation plan for the part of the building under this subdivision.
  2. The occupier must ensure the fire and evacuation plan for the part of the building complements the evacuation coordination procedures under the fire and evacuation plan kept by the managing entity for the building.

Example of operation of subsection (2)—
The fire and evacuation plan for part of an office block provides for a person to report the number and identities of persons not accounted for after an evacuation to the evacuation coordinator mentioned in the fire and evacuation plan kept by the managing entity of the building.

Accessing a fire and evacuation plan

1. The occupier of a building must—

  • ensure the fire and evacuation plan for the building is made available for inspection in the building during its normal business hours; and
  • allow a person to inspect the fire and evacuation plan free of charge.

2. The occupier of a high occupancy building must allow the fire safety adviser for the building to—

  • inspect the fire and evacuation plan for the building at any reasonable time; and
  • copy the plan.

27 Changing a fire and evacuation plan

1. The occupier of a building must change the fire and evacuation plan for the building as soon as practicable but no later than 1 month after a change in circumstances affecting—

  •  the plan’s compliance with the requirements under section 21, 22, 23 or 24; or
  •  the implementation of the plan.

Examples of a change in circumstances

  • a person becoming or ceasing to be the evacuation coordinator for the building or starting or ceasing to be responsible for carrying out evacuation coordination procedures in the building
  • refurbishment or a change in the use of the building

 2. If the managing entity of a multi-occupancy building changes the fire and evacuation plan for the building under subsection (1), the entity must, as soon as practicable, but no later than 1 month after the change, give a written notice about the change to—

  • each secondary occupier in the building; and
  • if the building is a high occupancy building—the fire safety adviser for the building.

3. For subsection (2)(a), if 2 or more secondary occupiers jointly occupy a part of a building, the managing entity complies with the requirement to give the notice to the occupiers by giving the notice to 1 of the occupiers.

4. If the secondary occupier of a part of a multi-occupancy building changes the fire and evacuation plan for the part of the building under subsection (1), the occupier must, as soon as practicable, but no later than 1 month after the change, give a written notice about the change to—

  • the managing entity of the building; and
  • if the building is a high occupancy building—the fire safety adviser for the building.

28 Reviewing a fire and evacuation plan

1. The occupier of a building must carry out a review of the fire and evacuation plan for the building at intervals of not more than 1 year.

2. The occupier must—

  • keep a written record of the review; and
  • if the building is a high occupancy building—give a copy of the record to the fire safety adviser for the building within 1 month after the review.

Division 3 Evacuation signs and diagrams
29 References to an evacuation sign

1. An evacuation sign, for a building, means a sign stating the procedures for safely evacuating the building, or the part of the building in which the sign is displayed, in the event of a fire or hazardous materials emergency.

2. A reference to an evacuation sign includes a reference to an evacuation sign on which an evacuation diagram is shown.

30 Evacuation signs and diagrams to be displayed

  1. The occupier of a building must display evacuation signs and evacuation diagrams for the building in compliance with subsections (2) and (3).
  2. Evacuation signs and evacuation diagrams for a building must be appropriately located on each evacuation route of the building having regard to the number and location of exits in the building.
  3. Each evacuation sign and evacuation diagram must be—
  • displayed in a conspicuous position; and
  • securely attached to a wall or the internal side of a door.

General evacuation instructions

  1. Subject to subsections (2) to (4), the occupier of a building must give general evacuation instructions for the building to each person working in the building at intervals of not more than 1 year.
  2. The occupier must give general evacuation instructions for the building to a person who starts working in the building, as soon as practicable but no later than 2 days after the person starts working in the building.
  3. 3Subsection (4) applies if there is a material change to—
  • the location of a fire safety reference point for the
  • building; or
  • the procedures for evacuating the building safely in the event of a fire or hazardous materials emergency.

The occupier must give the general evacuation instructions for the building, as changed, to each person working in the building as soon as practicable but no later than 1 month after the change.

Subdivision 4 First-response evacuation instructions
36 General requirements

  1. Subject to subsections (2) to (4), the occupier of a building must give first-response evacuation instructions for the building to each person working in the building at intervals of not more than 2 years.
  2. Examples of ways in which first-response evacuation instructions may be given— by a CD or the internet
  3. The occupier must give first-response evacuation instructions for the building to a person who starts working in the building, as soon as practicable but no later than 1 month after the person starts working in the building.
  4. Subsection (4) applies if there is a material change to the method of operation of a manually operated fire alarm or fire fighting equipment in the building.
  5. The occupier of the building must give the first-response evacuation instructions for the building, as changed, to each person working in the building as soon as practicable but no later than 1 month after the change.

Evacuation practice—other buildings

  1. This section applies to the occupier of a building other than a budget accommodation building.
  2. The occupier of the building must ensure that an evacuation of the building is carried out—
  • by an appropriate number of persons; and
  • in an appropriate way; and
  • at intervals of not more than 1 year.

Examples of operation of subsection (2)—

  1.  A public hospital administrator responsible for the hospital’s fire and evacuation plan considers that an evacuation practice for staff  and patients of the hospital’s intensive care unit would adversely affect the patients’ health. For carrying out an evacuation of the intensive care unit for this section, the administrator arranges to run a computer program that simulates evacuation of the staff and patients from the unit.
  2. The managing agent for an apartment block has made reasonable efforts to contact residents of the building to organise a practice evacuation but some residents are absent and others are sick. The agent arranges an evacuation at a time when most of the residents are present. The agent also arranges for some residents to evacuate from different parts of the building’s general access area to simulate evacuation of the residents who live near those parts.
  3. In this section—

appropriate number of persons, for carrying out an evacuation of a building, means the number of persons that is appropriate for effectively implementing the building’s fire and evacuation plan, having regard to the number, mobility and other relevant characteristics of persons who would be likely to need to be evacuated from the building in the event of a fire or hazardous materials emergency.

appropriate way, for carrying out an evacuation of a building, means a way that is appropriate for effectively implementing the building’s fire and evacuation plan, having regard to the number, mobility and other relevant characteristics of persons who would be likely to need to be evacuated from the building in the event of a fire or hazardous materials emergency.

Division 8 Records
45 Fire and evacuation instruction record

  1. The occupier of a building must keep a record (fire and evacuation instruction record), complying with subsection
  2. for each occasion fire and evacuation instructions for the building are given to a person.
  3. The fire and evacuation instruction record must state the following—
  • the name of each person who was given the instructions;
  • the name of the person who gave the instructions;
  • the date the instructions were given;
  • a brief description of the instructions given.

46 Evacuation practice record

  1. The occupier of a building must keep a record (an evacuation practice record), complying with subsection (2), of each evacuation of the building carried out under section 43 or 44.
  2. The evacuation practice record must state the following—
  • the date of the evacuation;
  • the times when the evacuation started and ended;
  • any action to be taken as a result of the evacuation, including, for example, carrying out a review of the building’s fire and evacuation plan or giving additional fire and evacuation instructions.

Division 9 Obligation of owners of accommodation units
47 Meaning of accommodation unit

  1. In this division, an accommodation unit means an apartment, room or other part of a building, used for providing accommodation to a person.

Examples of an accommodation unit—

  •  an apartment used by holiday makers
  •  a serviced apartment
  • a room in a guest house, hotel or motel used for accommodating guests

2. However, an accommodation unit does not include a part of a building occupied by a person who owns, or is a tenant of, the part of the building.

48 Signs to be displayed in accommodation units

1. The owner of an accommodation unit in a building must display in the unit a sign that—

  • shows the location of—
  • each route from the unit to a place of safety outside the building; and
  • fire fighting equipment and manually operated fire alarms in and near to the unit; and
  • states the procedures for safely evacuating the building in the event of a fire or hazardous materials emergency.

2. The sign must be—

  • displayed in a conspicuous place in the accommodation unit; and
  • securely attached to a wall or the internal side of a door in the unit.

Division 3 Obligations of occupiers
54 Maintenance of prescribed fire safety installations

  1. The occupier of a building must ensure that maintenance of each prescribed fire safety installation for the building is carried out by an appropriately qualified person.
  2. The occupier of a building must ensure a prescribed fire safety installation for the building mentioned in schedule 1, column 1 is inspected and tested at intervals in compliance with the relevant current standard for the installation.
  3. Subsection (4) applies if the record of maintenance for a prescribed fire safety installation for a building shows that repair or other corrective action is required for the installation.
  4. The occupier of the building must ensure the repair is carried out or the corrective action is taken no later than 1 month after the maintenance of the installation was carried out, unless the occupier has a reasonable excuse.

Examples of a reasonable excuse—

  • No appropriately qualified person was available to attend the occupier’s premises to carry out the repair or take the corrective action because of the remoteness of the building’s location.
  • The repair or corrective action was not able to be finished because of the complexity of the work involved or delay in obtaining parts required for the repair or corrective action.

 5. In this section—
appropriately qualified person, for carrying out maintenance of a prescribed fire safety installation of a particular type, means a person who holds a licence that is of a class—

  • specified in the Queensland Building Services Authority Regulation 2003, schedule 2, parts 21 to 30; and
  • for which the scope of work includes maintenance of prescribed fire safety installations of that type.

55 Keeping record of maintenance
1. The occupier of a building must keep a record of maintenance, in the approved form and in compliance with subsections (2) and (3), for the maintenance of each prescribed fire safety installation for the building.

2. The record of maintenance must state each of the following—

  • a description of the prescribed fire safety installation on which the maintenance was carried out;
  • the name and licence number of the licensed contractor who carried out the maintenance;
  • if the maintenance was not carried out personally by a licensed contractor—the name and licence number of the person under whose personal supervision the maintenance was carried out;
  • the date the maintenance was carried out (the maintenance date);
  • a brief description of the maintenance carried out;
  • the relevant current standard in compliance with which the maintenance was carried out;
  • if the maintenance was not carried out in compliance with the relevant current standard—the reasons for not carrying out the maintenance in compliance with the standard;
  • if the maintenance was carried out in compliance with a relevant former standard—the relevant former standard;
  • if the maintenance was not carried out in compliance with the relevant former standard—the reasons for not carrying out the maintenance in compliance with the standard;
  • the results of the maintenance of the installation, including—
    • whether or not the person carrying out the maintenance considered the installation was in proper working order; and
    • the details of any repair or other corrective action the person considered was required for the installation; and
    • the details, including the date, of any repairs made to the installation or any other corrective action taken.

3.  Also, the record of maintenance must include—

  • a statement, signed by the person who carried out the maintenance, certifying that the matters stated in the record of maintenance under subsection (2) are correct; and
  • if the occupier has been given a critical defect notice relating to a prescribed fire safety installation mentioned in the record of maintenance—the notice.

4. The occupier must give a copy of the record of maintenance to the commissioner no later than 1 year after any maintenance date stated in the record of maintenance.

5. Subsection (6) applies to—

  • the occupier of a budget accommodation building for which a fire safety management plan is required under section 27 of the Building Act or section 104FA of the Fire Service Act; or
  • the occupier of a building used for conducting a residential service for which a fire safety management plan is required under the Residential Services (Accreditation) Act 2002, section 75.

6. The occupier must keep the record of maintenance with the fire safety management plan for the building.

7. In this section—
licensed contractor means a person who holds a contractor’s licence under the Queensland Building Services Authority Act
1991.

72 Retention and transfer of prescribed documents
1. This section applies to a person, other than a public authority, who is the occupier of a building.
2. Subject to subsections (4) and (5), the occupier of a building must keep a prescribed document for the building—

  • for at least 2 years after the document was made (the retention period); or
  • if the document includes entries for more than 1 day—for at least 2 years after the last day for which an entry was made in the document (also the retention period).

3. Subsection (2) applies whether the prescribed document or an entry in the document—

  • was made before the person became the occupier of the building; or
  • is made while the person is the occupier of the building.

4. Subsection (5) applies if, during the retention period for a prescribed document for a building—

  • the person who is the occupier of the building (the former occupier) stops being the occupier of the building; and
  • another person (the current occupier) becomes the occupier of the building.

5. The former occupier must give the prescribed document to the current occupier as soon as practicable but no later than 1 month after the former occupier stops being the occupier of the building.

6. In this section—
public authority see the Public Records Act 2002, schedule 2.

Compliance with particular requirements about fire and evacuation plans
The occupier of the building is not required to comply with part 4, division 2 until 1 year after the commencement.

multi-occupancy building means a building in which—

  • an entity is the occupier of a part of the building; and
  • at least 1 other entity is the occupier of at least 1 other part of the building.

secondary occupier, of a part of a multi-occupancy building, means the occupier of a part of the building other than the managing entity of the building.