State Legislative Requirements
When you know your state’s legislative requirements, it makes it easy to see at a glance what your business or organisation needs to comply. We’re here to help you meet every statute and pass every inspection with flying colours.
Here are the various requirements, by state:
Victoria
In Victoria, it is the owner’s responsibility to prepare and issue the AESMR over the past 12 months and operate as designed and determined on the Occupancy Permit / Maintenance Schedule / Certificate of Final Inspection.
Defined Term: Essential Safety Measures
Building Act: Building Act 1993
Building Regulation: Building Regulation 2018
Annual Compliance Certificate: Annual Essential Safety Measures Report (AESMR)
South Australia
In South Australia, it is a requirement for Form 3 to be submitted annually to the local building authority as proof that the maintenance to Essential Safety Provisions within a building have been maintained to Australian standards and regulations over the past 12 months in accordance with the Schedule of Essential Safety Provisions Schedule 16, Form 1.
Defined Term: Fire Safety Provisions
Building Act: Development Act 1993
Building Regulation: Development Regulations 2008, MS SA 76
Annual Compliance Certificate: Form 3, Schedule 16, Certificate of Compliance
Western Australia
In Western Australia, it is the responsibility of the owner to ensure all safety measures are maintained and serviced to the current regulations and to ensure that each safety measure functions as designed. A Safety Measures Report can be issued on an annual basis to ensure the safety measures are being maintained to Australian standards and regulations.
Defined Term: Safety Measures
Building Act: Building Act 2011 v01-c0-02
Building Regulation: Building Regulation 2012 v03-i0-01
Annual Compliance Certificate: tbc
Northern Territory
In the Northern Territory, it is a requirement for a yearly condition report to be kept by the owner. The yearly condition report must be made available within 48 hours for inspection in accordance with AS 1851.
Defined Term: Building Fire Safety Measures
Building Act: Fire and Emergency Act (in force as of 1 Nov 2016)
Building Regulation: Fire and Emergency Regulations (in force as of 1 July 2017)
Annual Compliance Certificate: N/A
Queensland
In Queensland, it is a requirement for the occupier's statement to be submitted annually to the Fire Services Commissioner as proof that the fire safety installations within a building have been maintained to Australian standards and regulations over the past 12 months.
Defined Term: Fire Safety Installations
Building Act: Building Act 1975, Fire and Emergency Services Act 1990
Building Regulation: Building Fire Safety Regulations 2008 (July 2017) QDC-MP6.1
Annual Compliance Certificate: Occupier's Statement
New South Wales
In New South Wales, it is a requirement for the AFSS to be submitted annually to the local Council and the NSW Fire Brigade as proof the Essential Fire Safety Measures within a building have been maintained to Australian Standards and Regulations over the past 12 months as installed.
Defined Term: Essential Fire Safety Measures
Building Act: Environmental Planning and Assessment Act 1979
Building Regulation: Environmental Planning and Assessment Regulations 2000
Annual Compliance Certificate: Annual Fire Safety Statement (AFSS) div 5, reg 175-181
Australian Capital Territory
In the Australian Capital Territory, under the Australian standards and work health and safety regulations, it is the responsibility of the owner to ensure that the active fire safety systems are maintained as required.
Defined Term: Active Fire Safety Systems and/or Essential Services
Building Act: Emergencies Act 2004
Building Regulation: ACT Fire Brigade Policy FS-05
Annual Compliance Certificate: N/A
Tasmania
In Tasmania, it is the responsibility of the owner to ensure all essential safety and health features and measures are maintained and serviced to conform to the current regulations and to ensure that each essential safety and health feature or measure functions as designed. A safety measures report can be issued on an annual basis to ensure that the essential safety and health features and measures are being maintained to Australian standards and regulations.
Defined Term: Essential Safety and Health Measures
Building Act: Building Act 2016
Building Regulation: Building Regulation 2016
Annual Compliance Certificate: N/A