Australian Capital Territory FAQ

Section 95(2)(b) of this document states that the building occupier commits an offence if they do not maintain the fire appliances in accordance with a proper maintenance standard. Section 96 sets out the rules relating to obstruction of passageways, doors etc and Section 97 sets out the rules relating to storage of flammable materials that can cause danger. 

The term occupier is defined as follows:

“occupier“, of land or premises, includes a person in charge of the land or premises.

Under the Act the term proper maintenance standard is defined as AS 1851 (Routine service of fire protection systems and equipment) as in force from time to time or AS/NZS 2293.2 (Emergency evacuation lighting for buildings Inspection and maintenance) as in force from time to time or a standard approved for the fire appliance as part of a building approval issued for the premises or a standard of maintenance prescribed by regulation.

Therefore, the adoption of AS 1851 and AS 2293.2 has provided clarification of the fire protection systems and equipment required to be maintained to those Standards, including;

• Automatic fire sprinkler systems
• Fire pumpsets o Fire hydrant systems
• Hydrant valves
• Water storage tanks for fire protection systems
• Fire detection and alarm systems
• Special hazard systems
• Delivery lay flat fire hose
• Fire hose reels
• Portable and wheeled fire extinguishers
• Fire blankets
• Passive fire and smoke systems
• Fire and smoke control features of mechanical services
• Emergency planning in facilities
• Emergency escape lighting and exit signs

It is important that maintenance of building fire protection systems and equipment is carried out by competent persons. ACT Fire & Rescue recognises that holding relevant nationally recognized units of competency from the Australian Qualification Framework (AQF) is an appropriate way to demonstrate competence regarding the maintenance of fire protection systems and equipment. Appropriate national accreditation schemes may also demonstrate the required level of competency. ACT Fire & Rescue have issued FSG-05 Maintenance of Fire Protection Systems and Equipment to provide guidance to building owners and occupants.

Under Section 104 of the Act ACTF&R are entitled to at any time, enter premises to find out whether the premises comply with any relevant fire & safety requirements, maintenance or testing requirements in the building code or any standard applying to the premises under Territory law and non-compliance may result in a fines and imprisonment whereby the occupier has found to have placed users of the building in risk on their life and safety.

We assist building owners/occupiers and their agents in achieving compliance with the complex and ever-changing safety measures legislation in the Australian Capital Territory by ensuring that each installed fire appliances are identified, and an appropriately qualified maintenance practitioner is engaged to carry out the required ongoing routine servicing under AS1851-2012 & AS2293.2.

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

Fire safety audits in the ACT should be conducted regularly enough to confirm that all installed fire appliances, essential safety systems and supporting records remain compliant with the relevant maintenance standards. The frequency will depend on the type of building, the systems installed, the building’s use, and the maintenance requirements that apply under AS 1851, AS/NZS 2293.2, the Building Code, and any approval documents relevant to the premises.

In practical terms, building owners, occupiers and managers should ensure routine servicing occurs at the intervals required by the applicable Australian Standards, while broader compliance audits should be undertaken periodically, or whenever there are major changes to building use, layout, tenancy arrangements, fire systems or regulatory requirements. Regular audits help identify defects, missing records, maintenance gaps and risks before they become enforcement issues.

In the ACT, fire safety certification requirements depend on the nature of the building work, the building approval pathway and the fire safety systems installed. For referred building works, ACT Fire & Rescue may inspect the completed works and issue a Fire Appliance Approval Certificate where the relevant requirements have been satisfied.

For existing buildings, owners and occupiers should maintain clear evidence that all fire appliances and fire safety systems are being serviced, tested and maintained in accordance with the applicable standards (this may include contractor service records, inspection reports, defect reports, maintenance logs, compliance documentation and any certificates connected to specific works or systems). EBC Group can assist by reviewing your documentation, identifying missing information, coordinating qualified practitioners and helping you prepare a clear compliance record for audits or regulatory review.

A fire safety assessment in the ACT generally begins with identifying the fire appliances and life safety systems installed throughout the building. This may include fire detection and alarm systems, sprinklers, hydrants, hose reels, extinguishers, emergency lighting, exit signage, passive fire and smoke systems, fire doors, smoke control systems and evacuation documentation.

The assessment then reviews whether each system is being maintained in accordance with the proper maintenance standard, including AS 1851 and AS/NZS 2293.2 where applicable. Documentation is checked, site conditions are inspected, defects or non-conformances are recorded, and a practical rectification pathway is prepared. The outcome is a clear report showing the building’s current compliance position, any risks identified, and the actions required to bring systems and records into alignment.

Non-compliance with fire safety obligations in the ACT can result in significant legal and operational consequences. Under the Emergencies Act 2004, offences may apply where an occupier fails to maintain fire appliances in accordance with the proper maintenance standard, fails to repair or replace defective fire appliances, obstructs passageways or exits, or stores flammable material in a way that creates danger.

ACT Fire & Rescue inspectors also have powers to enter premises to determine whether the building complies with relevant fire and safety requirements, maintenance requirements, testing requirements, the Building Code, or standards applying under Territory law. Depending on the circumstances, non-compliance may lead to improvement notices, occupancy restrictions, closure notices, directions to rectify, fines, prosecution, insurance complications and increased liability if occupants are placed at risk.

In the ACT, responsibility commonly sits with the building occupier, which can include a person in charge of the land or premises. Depending on the property structure, this may involve the building owner, occupier, managing agent, facilities manager, owners corporation, tenant or another party with control over the premises.

The key obligation is to ensure fire appliances and fire safety systems are maintained in accordance with the proper maintenance standard. This includes engaging competent practitioners, ensuring routine servicing is completed, keeping accurate records, responding promptly to defects and ensuring systems remain accessible and operational. Where responsibilities are shared, they should be clearly documented so that no maintenance, testing or reporting obligation is missed.

If a building fails a fire compliance audit in the ACT, the first step is to understand the nature and seriousness of the non-compliance. Some issues may relate to missing records or overdue servicing, while others may involve defective systems, blocked exits, damaged fire appliances, passive fire breaches or critical defects that could affect life safety.

A rectification plan should then be prepared, prioritising urgent risks and setting out the actions required to restore compliance. This may involve engaging qualified contractors, repairing or replacing defective equipment, updating maintenance records, improving evacuation documentation or reviewing the building’s fire safety management process. If the issue is serious, or if ACT Fire & Rescue becomes involved, the building owner or occupier may need to respond to notices, directions or inspection findings within a specified timeframe. Acting quickly and keeping clear evidence of rectification is essential.

The Emergencies Act 2004 places important fire safety obligations on people responsible for premises in the ACT. In practical terms, building owners, occupiers and managers must ensure fire appliances are maintained to the proper maintenance standard, defective or damaged fire appliances are addressed, exits and passageways are not obstructed, and flammable materials are not stored in a way that creates danger to life or property.

For building owners and managers, this means fire safety must be managed as an ongoing responsibility, not a one-off task. Systems should be identified, maintained by competent persons, inspected at the required intervals and supported by accurate records. EBC Group assists by helping responsible parties understand their obligations, audit their current compliance position, coordinate maintenance requirements and establish practical systems that reduce risk for occupants and stakeholders.