Part 5 of the Regulations stipulate that the maintenance of safety equipment, safety fittings and safety measures (known as “prescribed fire safety installations”) in all buildings other that a class 1a or 10 are the responsibility of the building occupier. They are responsible for ensuring maintenance is carried out by an appropriately qualified person at intervals in compliance with the Queensland Development Code, Mandatory Part (MP) 6.1.

To verify that each fire safety installation has been maintained MP 6.1 requires the building occupier’s must produce an “occupier’s statement” annually and forward a copy to Commissioner of the Queensland Fire and Emergency Services, confirming that the building’s fire safety installations have been maintained in compliance with the Queensland Development Code. A copy of the statement can be sent via email to [email protected] 

The occupier’s statement must be issued annually identifying each prescribed fire safety installation along with its relevant maintenance requirements and whether any critical defect notices was issued and the date in which the defect was rectified by the maintenance service provider. This document must be in the form as specified in schedule 2 of the Queensland Development Code MP 6.1.

Where there is no occupier, the building owner is required to sign the statement and send a copy of to the Queensland Fire and Emergency Services Commissioner. Optionally, an authorised person on behalf of the occupier/owner can sign the statement, for example, a person nominated on behalf of a body corporate or corporation.

The occupier must, within 10 business days after the occupier is required to prepare an occupier statement, give the commissioner a copy of the statement. The statement can be sent via email to [email protected]

Note: The occupier’s statement is formally known as the certificate of maintenance under the Building Fire Safety Regulations 1991.

State legislation relating to the maintenance of fire safety installations for all applicable buildings regardless of time of construction was introduced to Queensland from the 1st January 1992 in the Building Fire Safety Regulation 1991 (now repealed) and replaced with the Building Fire Safety Regulations 2008.

The requirement of maintenance for the fire safety installations was transferred from the Building Fire Safety Regulation 2008 into the Queensland Development Codes. Standards for the maintenance of fire safety installations are now contained in Mandatory Part (MP) 6.1—Commissioning and maintenance of fire safety installations.

The term fire safety installation is defined under Schedule 2 of the Building Act 1975 as the following items:

Fire protection systems:

• air-handling systems
• fire detection and alarm systems
• smoke and heat venting systems
• smoke exhaust systems
• special automatic fire suppression systems (including foam, deluge and gas flooding systems)
• sprinklers (including wall-wetting sprinklers)
• stairwell pressurisation systems

fighting equipment:

• fire extinguishers (portable)
• fire hose reels
• fire hydrants (including hydrant boosters)
• fire mains

Occupant safety features:

• emergency lifts
• emergency lighting
• emergency power supply
• emergency warning and intercommunication systems
• exit door hardware
• exit signs
• fire doors
• smoke proof doors
• solid core doors

Other features:

• services provided under conditions imposed under section 79 of the Building Act 1975
• services required under the Building Code of Australia (BCA) clause E1.10
• features required as part of a building’s alternative solution
• vehicular access for large isolated buildings

Any prescribed fire safety installations specific to your building will be identified within plans and specification which were approved as part of the buildings approval process. Where an alternative solution has been used to meet the performance criteria of the building code, the Certificate of Classification which should be displayed at the entrance of the building for building will identify the alternative solution.

The building owner should have a copy of these plans/specifications and the building’s Certificate of Classification. Alternatively, the local government should have a copy of the building’s approval records in their files. Where records are not available, you should contact a building certifier or your local government to confirm the requirements for your building. A building certifier will be able to identify your building’s classification and by using the date of approval and the applicable legislation and codes, the prescribed fire safety installation can be ascertained.

An appropriately qualified person can only carry out commissioning or maintenance on a prescribed fire safety installation if they are licensed to do the work by the Queensland Building Services Authority or the Plumbing Industry Council.

For information on the different licences required for maintenance of fire safety installations please contact the Queensland Building Services Authority for occupational licensing requirements the Plumbing Industry Council.

The penalties for failure to comply with MP 6.1 remain in the Building Act 1975, the Fire and Rescue Act 1990 and the Building Fire Safety Regulations 2008.

An authorised fire officer can audit your building and issue significant monetary penalties and you run the risk of a potential jail term if death or injury occurs due to failure to maintain a building’s fire safety installations.

We assist building occupiers and agents in achieving compliance with the complex and ever-changing fire safety legislation in the State of Queensland by issuing the Occupiers Statement.

This will ensure the maintenance of all Prescribed Fire Safety Installations are maintained by appropriately qualified personal ensure the risk, health and safety is minimised ensuring all stakeholders are protected.