General Fire Regulations 2000

General Fire Regulations 2000

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council and on the recommendation of the State Fire Commission, make the following regulations under section 133 of the Fire Service Act 1979 .

G. S. M. GREEN

Governor

By His Excellency's Command,

JUDY JACKSON

Minister for Health and Human Services

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the General Fire Regulations 2000 .

2.   Commencement

These regulations take effect on 1 January 2001.

3.   Interpretation

(1)  In these regulations, unless the contrary intention appears –

Act means the Fire Service Act 1979 ;

appropriately qualified person means the holder of a permit that is issued under regulation 7 and authorises the holder to perform the relevant maintenance;

authorised person means an officer of the Fire Service who is authorised to enter and inspect land and premises under section 48(1) of the Act;

BCA means the code, known as the Building Code of Australia, relating to the design and construction of buildings produced by the Australian Building Codes Board;

essential service means a fire protection device or feature or fire prevention device or feature listed in Schedule 1 ;

evacuation plan means an evacuation plan submitted for approval in accordance with regulation 13 ;

fire protection equipment means fire extinguishers, fire hose reels, fire hydrants, hydrant valves, fire blankets and fire protection systems;

fire protection system means –

(a) an automatic fire detection and alarm system; or

(b) an automatic smoke detection and alarm system; or

(c) a smoke alarm system connected to a monitored security system, other than a smoke alarm system in a Class 1a building as defined in the BCA; or

(d) a smoke detection system; or

(e) an emergency warning and intercommunication system; or

(f) an automatic fire sprinkler system; or

(g) a fire-extinguishing system;

(h) a mechanical smoke management system;

hot work has the same meaning as in AS 1674 ;

prescribed building means any building that is a Class 2, Class 3, Class 5, Class 6, Class 7, Class 8 or Class 9 building as defined in the BCA;

specified building means any of the following:

(a) a building capable of accommodating more than 200 persons, as estimated or determined in accordance with Table D1.13 of the BCA;

(b) [Regulation 3 Subregulation (1) amended by No. 26 of 2003, Sched. 2, Applied:01 Jul 2004] a special fire hazard building within the meaning of the Building Regulations under section 230 of the Building Act 2000 ;

(c) a building which in the opinion of the Chief Officer presents or contains a special fire hazard as determined in accordance with established risk analysis and fire engineering principles;

(d) a building providing residential accommodation as part of an educational institution;

(e) a building providing residential accommodation for medical, psychiatric or geriatric care;

(f) a school;

(g) a detention centre;

(h) a healthcare building;

(i) an early childhood centre;

(j) a residential aged care building;

(k) a hostel, boarding house, guesthouse, lodging house, backpacker accommodation or a residential part of a hotel or motel, other than a Class 1b building as defined in the BCA or accommodation used by management;

State includes a Territory;

workplace means any premises or place where an employee, contractor or self-employed person is employed or engaged in industry.

(2)  A word or expression used in these regulations and defined in the BCA or the Building Regulations 1994 has the same meaning in these regulations as in that code or those regulations.

(3)  A standard, rule, code or specification adopted by these regulations –

(a) forms part of these regulations subject to any modification expressed in the regulation adopting the standard, rule, code or specification; and

(b) applies only in respect of any regulation that refers to it, unless otherwise stated; and

(c) is to be interpreted so as to give effect to the intent of these regulations.

(4)  A reference to a standard as "AS" followed by a number is a reference to the standard of that number as set out in Schedule 2 .

(5)  A reference to a standard includes a reference to that standard as amended and in force for the time being and a standard published in substitution for that standard.

PART 2 - Fire Protection Equipment

4.   Isolation of faulty fire protection systems

Where a fire protection system contains a fault, an officer or authorised person –

(a) may isolate or cause to be isolated that system or any part of that system; and

(b) must notify the owner or occupier or a person nominated by the owner or occupier as soon as reasonably practicable.

5.   Maintenance and operation of fire protection equipment

[Regulation 5 Amended by S.R. 2002, No. 28, Applied:01 May 2002] The owner of a prescribed building in which fire protection equipment has been installed in accordance with the General Fire Regulations 1975 or any other relevant Act or regulation must, as far as reasonably practicable, ensure that the equipment is maintained so that the equipment performs to the standard to which it was originally designed.

Penalty:  Fine not exceeding 52 penalty units and, for a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.

6.   Testing, maintenance and repair of fire protection equipment

(1)  [Regulation 6 Subregulation (1) amended by S.R. 2002, No. 28, Applied:01 May 2002] The owner or occupier of a building in which fire protection equipment is required to be installed or kept must cause the equipment to be tested, maintained and repaired by an appropriately qualified person.

Penalty:  Fine not exceeding 10 penalty units and, for a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.

(2)  The owner or occupier must keep a record of the following:

(a) the type of test;

(b) the date of the test;

(c) the name of the person undertaking the test;

(d) the results of the test;

(e) any maintenance or repair required;

(f) the date any maintenance or repair was carried out;

(g) the name of the person carrying out any maintenance or repair;

(h) the certification of that person as to the maintenance or repair carried out.

Penalty:  Fine not exceeding 10 penalty units and, for a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.

7.   Permit to install, maintain or repair fire protection equipment

(1)  A person may apply to the Chief Officer for a permit for the purposes of section 128(1)(ba) of the Act.

(2)  An application is to be in a form approved by the Chief Officer.

(3)  On receipt of an application, the Chief Officer may –

(a) require the applicant to provide any further information relevant to the application; or

(b) issue a permit subject to such conditions as the Chief Officer specifies; or

(c) refuse to issue a permit.

(4)  The Chief Officer is to issue a permit if satisfied that the applicant is competent to install, maintain or repair fire protection equipment.

(5)  If the Chief Officer refuses to issue a permit to an applicant, he or she is to provide the applicant with reasons for the refusal.

(6)  A permit issued under subregulation (3)  –

(a) remains in force for such period, not exceeding 5 years, as is specified in the permit; and

(b) is to specify –

(i) the purposes for which the permit is issued; and

(ii) any conditions to which the permit is subject.

(7)  The Chief Officer, in his or her discretion, may issue a permit to a person who has not applied for it if satisfied that the person is competent to do the installation, maintenance or repair specified in the permit.

(8)  A permit issued under subregulation (7)  –

(a) remains in force until the occurrence of the event specified in the permit or, if no event is so specified, until cancelled; and

(b) is to specify –

(i) the purposes for which the permit is issued; and

(ii) any conditions to which the permit is subject.

(9)  The Chief Officer may cancel a permit if of the opinion that the holder of the permit –

(a) has failed to comply with any of the conditions specified in that permit; or

(b) is, for any other reason, unsuitable to be the holder of a permit.

7A.   Circumstances in which a permit is not required

[Regulation 7A Inserted by S.R. 2002, No. 28, Applied:01 May 2002]

(1)  In this regulation –

monitoring system means a system whereby a smoke alarm, heat alarm or combined smoke and heat alarm on premises is monitored on other premises through the use of an electrical or electronic device for communicating at a distance;

permit means a permit issued under regulation 7 for the purposes of section 128(1)(ba) of the Act;

plumber means a person who, under the Plumbers and Gas-fitters Registration Act 1951 , holds a certificate of registration that authorises the person to undertake any of the following classes of plumbing work:

(a) water plumbing;

(b) advanced sanitary plumbing.

(2)  A person may install any of the following fire protection equipment without a permit:

(a) a smoke alarm, heat alarm or combined smoke and heat alarm that is not connected to a monitoring system;

(b) a portable fire extinguisher;

(c) a fire blanket.

(3)  A person may install or replace a battery in a smoke alarm, heat alarm or combined smoke and heat alarm without a permit.

(4)  A person may install, maintain or repair a fire hydrant or fire hydrant valve without a permit if he or she is  –

(a) a plumber; or

(b) an apprentice or employee of a plumber working under the direct supervision of that plumber.

8.   Offence to certify fire protection equipment

A person must not certify, for the purposes of the Act, that fire protection equipment is designed and installed in accordance with any relevant codes, standards and regulations unless he or she –

(a) holds a certifier's permit issued under regulation 9 ; or

(b) is currently registered with, or licensed or permitted by, a body that the Chief Officer is satisfied carries out functions in another State equivalent to those carried out by the Chief Officer under regulation 9 ; or

(c) [Regulation 8 Amended by No. 26 of 2003, Sched. 2, Applied:01 Jul 2004] is permitted by the Building Regulations under section 230 of the Building Act 2000 to give a building services engineering certificate.

Penalty:  Fine not exceeding 10 penalty units and, for a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.

9.   Certifier's permit

(1)  A person may apply in writing to the Chief Officer for a certifier's permit.

(2)  An application is to be in a form approved by the Chief Officer.

(3)  On receipt of an application for a certifier's permit, the Chief Officer may –

(a) require the applicant to provide any further information relevant to the application; or

(b) issue a certifier's permit subject to such conditions as the Chief Officer determines; or

(c) refuse to issue a permit.

(4)  The Chief Officer is to issue a certifier's permit if satisfied that the applicant is competent to determine whether the design and installation of fire protection equipment is in accordance with any relevant standard, code or regulation.

(5)  If the Chief Officer refuses to issue a certifier's permit, he or she is to provide the applicant with reasons for the refusal.

(6)  A certifier's permit –

(a) remains in force for such period, not exceeding 5 years, as is specified in the permit; and

(b) is to specify –

(i) the purposes of the permit; and

(ii) any conditions to which the permit is subject.

(7)  The Chief Officer may cancel a certifier's permit if of the opinion that the holder of the permit –

(a) has failed to comply with any of the conditions specified in that permit; or

(b) is, for any other reason, unsuitable to be the holder of such a permit.

10.   Access to fire protection equipment and essential services

The owner or occupier of a building must ensure that access by members of the Fire Service for the purpose of fire fighting operations is not obstructed to fire protection equipment or essential services, in or on the grounds of –

(a) the building; or

(b) a place to which regulation 22 applies –

by any means other than means reasonably necessary for the security of the premises.

Penalty:  Fine not exceeding 26 penalty units and, for a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.

PART 3 - Ways and Means of Escape

11.   Exits to be useable

(1)  The owner or occupier of a prescribed building must not –

(a) without the approval of the Chief Officer, put a locking device that does not comply with the BCA on a door forming part of any required exit; or

(b) permanently or temporarily block up a required exit; or

(c) leave in any required exit any thing so that the fire escape becomes –

(i) narrower than the minimum width specified in the BCA; or

(ii) hazardous to persons using the required exit in the case of fire; or

(d) impede the use of a fire escape.

Penalty:  Fine not exceeding 26 penalty units and, for a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.

(2)  The owner or occupier of a building must not cause or permit a person to contravene subregulation (1) in that building.

Penalty:  Fine not exceeding 52 penalty units and, for a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.

12.   Signs and lighting to be visible and operating

The owner or occupier of a prescribed building where exit signs and emergency lighting are installed must ensure that –

(a) the required signs are clearly visible; and

(b) the emergency lighting is operational.

Penalty:  Fine not exceeding 52 penalty units and, for a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.

13.   Evacuation plans

(1)  The occupier of a specified building must submit to the Chief Officer for approval an evacuation plan for the evacuation of the building in case of fire, in accordance with Schedule 3 .

(2)  On receipt of an evacuation plan, the Chief Officer is to –

(a) give his or her in principle approval of the evacuation plan; or

(b) require the plan to be amended.

(3)  If the Chief Officer requires an evacuation plan to be amended, the occupier must amend the plan accordingly and resubmit it to the Chief Officer for his or her in principle approval.

(4)  The Chief Officer is to give his or her final approval of an evacuation plan, subject to any amendments the Chief Officer may require, if he or she –

(a) has given in principle approval of the plan; and

(b) is satisfied that a practice evacuation has been carried out in accordance with regulation 14 .

14.   Practice evacuations

(1)  The occupier of a specified building in respect of which an evacuation plan has been finally approved or approved in principle must ensure that a practice evacuation is carried out –

(a) for the purposes of obtaining approval of an evacuation plan, at a time and date determined by the Chief Officer after consultation with the occupier; and

(b) at least annually after final approval of the evacuation plan.

Penalty:  Fine not exceeding 26 penalty units and, for a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.

(2)  [Regulation 14 Subregulation (2) amended by S.R. 2002, No. 28, Applied:01 May 2002] A practice evacuation is to be carried out –

(a) [Regulation 14 Subregulation (2) amended by S.R. 2002, No. 28, Applied:01 May 2002] for the purposes of subregulation (1)(a) or regulation 15 , in the presence of an authorised person and in accordance with the evacuation plan approved in principle under regulation 13(2)(a) ; or

(b) for the purposes of subregulation (1)(b) , in accordance with the evacuation plan approved under regulation 13(4) .

(3)  Before conducting a practice evacuation in accordance with subregulation (1)(b) , the occupier is to give the Chief Officer at least 5 days' notice of his or her intention to conduct the evacuation.

(4)  Where an authorised person present at a practice evacuation is not satisfied that the practice evacuation has been carried out in accordance with the relevant evacuation plan, the authorised person may require the occupier to repeat the evacuation at any time and date the authorised person determines.

(5)  The occupier must comply with a requirement under subregulation (4) .

Penalty:  Fine not exceeding 26 penalty units and, for a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.

(6)  The occupier may exempt specified persons, who are engaged in work that cannot be stopped without loss, from taking part in a practice evacuation.

15.   Occupier to submit new evacuation plan

(1)  An occupier of a specified building must submit a new or revised evacuation plan to the Chief Officer for approval –

(a) if there is –

(i) a change in the use of the building; or

(ii) a change in the occupancy of the building; or

(iii) any building work which renders the evacuation plan less effective; or

(b) if there is no such change or building work, every 5 years.

Penalty:  Fine not exceeding 26 penalty units and, for a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.

(2)  Regulations 13 and 14 apply to a new evacuation plan drawn up under subregulation (1) .

16.   Occupier to maintain evacuation plan

(1)  In this regulation –

temporary occupant means a person who occupies a building for a period that is not intended to exceed 14 days.

(2)  The occupier of a specified building must –

(a) maintain an evacuation plan approved under regulation 13(4) for evacuation from the building in the event of fire; and

(b) post and keep posted relevant parts of the plan at places in the building specified by the Chief Officer; and

(c) keep in his or her possession a copy of the plan; and

(d) so far as is reasonably practicable, provide training to persons working or residing in the building, other than temporary occupants, regarding the action to be taken by them in the event of fire or alarm of fire; and

(e) so far as is reasonably practicable, ensure that evacuation of the building in the event of fire or alarm of fire is carried out in accordance with the evacuation plan.

Penalty:  Fine not exceeding 52 penalty units and, for a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.

17.   Offence to fail to evacuate

(1)  A person must not, in the event of fire or alarm of fire in a specified building, fail to leave the building unless the person is engaged in fire fighting activities.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person required to leave a specified building in a practice evacuation must not fail to leave in accordance with the evacuation plan unless he or she is, under regulation 14(6) , exempted from taking part in a practice evacuation.

Penalty:  Fine not exceeding 10 penalty units.

PART 4 - Miscellaneous

18.   Record-keeping

Any owner or occupier of a specified building required to maintain an evacuation plan or record of tests of maintenance and repair of fire protection equipment must keep –

(a) that plan or those records –

(i) up to date; and

(ii) in a manner that will preserve them, in the event of fire in the building to which they relate; and

(b) a copy of that plan or those records in the building to which they relate.

Penalty:  Fine not exceeding 10 penalty units and, for a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.

19.   Decorations and linings

(1)  An occupier must not decorate a prescribed building with flammable materials in such quantity or in such a way as to constitute a fire hazard as determined in accordance with established risk analysis and fire engineering principles.

Penalty:  Fine not exceeding 52 penalty units and, for a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.

(2)  An occupier must not, in a required exit or path of travel to an exit, cover the ceiling, walls, floor or stairs with a lining or covering that does not comply with the BCA.

Penalty:  Fine not exceeding 52 penalty units and, for a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.

20.   Hot work precautions

A person must –

(a) before commencing hot work in a building, inform the owner or occupier of the building of the person's intention to carry out the hot work; and

(b) in performing the hot work, observe the requirements of AS 1674 .

Penalty:  Fine not exceeding 52 penalty units and, for a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.

21.   Fire precautions

(1)  The occupier of a workplace in which an industrial process is carried on where a dust, gas or hazardous residue is produced that may make an explosive mixture with air may submit to the Chief Officer, for his or her approval, rules for the conduct of persons that will minimise the chance of a fire or explosion.

(2)  Rules approved by the Chief Officer and displayed conspicuously in a workplace have the force in that place of regulations made under section 133 of the Act.

(3)  A person must not contravene or fail to comply with the rules approved and displayed in accordance with this regulation.

Penalty:  Fine not exceeding 52 penalty units and, for a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.

22.   Hydrants and water supplies in timber, storage and freight yards

The owner or occupier of –

(a) a timber yard; or

(b) a yard and unfenced land situated within a city or town boundary and used for the storage of more than 10 tonnes of combustible material for commercial purposes or trade; or

(c) a wharf and nearby land used for the storage of goods in transit; or

(d) land used for the storage of hazardous and flammable material –

must ensure that a suitable water supply for fire-fighting, as determined by the Chief Officer, is available.

Penalty:  Fine not exceeding 52 penalty units and, for a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.

23.   Savings and transitional provisions

(1)  A permit issued under regulation 23 of the General Fire Regulations 1975 and in force immediately before 1 January 2001 continues in force for the period specified in it and is taken to be a permit issued under regulation 7 of these regulations.

(2)  A scheme for the evacuation of a building that, immediately before 1 January 2001, is posted as approved under regulation 11 of the General Fire Regulations 1975 continues in force and is taken to be an evacuation plan approved under regulation 13 of these regulations on 1 January 2001.

24.    General Fire Regulations 1975 rescinded

The General Fire Regulations 1975 are rescinded.

SCHEDULE 1 - Essential services and features

Regulation 3

1.   Essential services include the following:

(a) smoke hazard management systems;

(b) emergency lifts;

(c) emergency lighting;

(d) emergency power supply;

(e) emergency warning and intercommunication systems;

(f) exit doors;

(g) exit signs;

(h) fire brigade connections;

(i) fire control centres;

(j) fire control panels;

(k) fire curtains;

(l) fire dampers;

(m) fire protection systems;

(n) fire doors;

(o) fire protection equipment;

(p) fire-isolated lift shafts;

(q) fire-isolated passageways;

(r) fire-isolated ramps;

(s) fire-isolated stairs;

(t) fire mains;

(u) fire-protective coverings;

(v) fire-rated access panels;

(w) fire-resisting shafts;

(x) fire shutters;

(y) fire windows;

(z) paths of travel to exits;

(za) smoke doors;

(zb) smoke vents;

(zc) stairwell pressurisation systems;

(zd) static water storage;

(ze) vehicular access for large isolated buildings;

(zf) warning systems associated with lifts.

SCHEDULE 2 - Australian Standards

Regulation 3(4)

1.   AS 1674 - Safety in welding and allied processes – fire precautions; Parts 1 and 2.

2.   AS 3745 - Emergency control organisation and procedure for buildings.

3.   AS 4083 - Planning for emergencies - Health care facilities.

SCHEDULE 3 - Evacuation plans

Regulation 13

1.   Evacuation plan requirements

An evacuation plan referred to in regulation 13 must comply with any applicable provisions of AS 3745 and AS 4083 and must provide for the following:

(a) the procedure to be followed in the event of fire;

(b) the means of escape from the building for all occupants in the event of fire;

(c) plans detailing the location of fire protection equipment;

(d) plans detailing the location of fire protection systems for warning of fire;

(e) the names of persons, described by reference to their organisational position, who are responsible for ensuring compliance with the evacuation plan;

(f) the duty of such persons to ensure the plan is complied with;

(g) if members of the public are ordinarily admitted to the building, a procedure to ensure they evacuate the building in the event of fire.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 27 December 2000

These regulations are administered by the Tasmania Fire Service.