Regulation 94 of this document requires that owners of buildings have a responsibility of ensuring the safety equipment, safety fittings and safety features (known as “essential safety provisions”) are maintained in state which enable them to fulfill their purpose.

This is achieved via applying the appropriate maintenance document “i.e. Ministerial Building Standard MBS 002”.

Building owner then must provide adequate annual proof to the Local Council that maintenance and testing of the essential safety provision in the building has been carried out, as required by regulations . The requirement is satisfied with the preparation of a “Form 3 – ESP Maintenance Verification”.

The owner of a building in relation to which a “Form 1 – Schedule of ESPs installed or to be installed” has been issued must not later than 60 business days after the end of each calendar year, provide to the council adequate proof of the carrying out of maintenance and testing in respect of each relevant essential safety provision for that calendar year.

The owner of a building in relation to which a schedule of essential safety provisions has been issued must not use or permit the use of the building unless maintenance and testing have been carried out, on an annual basis (according to calendar years), in respect of each essential safety provision of the building in accordance with the relevant Ministerial building standard in order to ensure that the essential safety provision is continuing to perform at least to the standard that was required when the essential safety provision was installed.

On the issuing of either a building rules consent, assignment of a change in classification of a building or on the application of the owner, the relevant authority or council must issue a Form 1.

This document identifies each essential safety provision for the building and the standard or other requirements for maintenance and testing in respect to each of those essential safety provisions as set out in the Ministerial Building Standards MBS 002.          

The owner of a building in which essential safety provisions is installed must provide to the council a Form 1.

Note: Where a building is built in accordance with the Building Regulations 1991 and have not had any alterations, a document referred to as “Form 3 – ESP Maintenance Verification” will identify the safety provisions applicable with building.

The owner of a building in which essential safety provisions are installed must, within 20 days after installation, provide to council with Form 2 – ESP Compliance Certificate for each essential safety provision signed by the installer of that safety provision.

If the installer is a company, it must be signed by the manager responsible for the installation work.

Where a building is built before 1991 and has not had any major alterations/additions or change in classification, there is the requirement for a maintenance “LOGBOOK” pursuant to Part 59 of the Building Regulations 1973.

However, for buildings built or have had major alterations/additions or change in classification after 1991 there has always been the requirement for issuing this document in one form or another with the introduction of the Building Regulations 1991. 

The owner of any building for which maintenance of a LOGBOOK was required pursuant to Part 59 of the Regulations under the Building Act 1971, may apply to a relevant authority or council for a Form 1 to be issued.      

Note: The term Form 3 first came into effect with the introduction of the Development Regulations 1993 and use of this term has continued with on with the Development Regulations 2008.

Buildings built in accordance with Building Regulations 1991 require a “Form 5 – Certificate of compliance with maintenance procedures for essential safety provisions” in accordance with Regulation 34 of that document.

The class or class’s of a particular building is typically provided on a document referred to as “Certificates of Occupancy”.

Where buildings built in accordance with the Building Regulations 1991 and have not had any alterations, the class of these buildings will be identified within a document referred to as “Form 2 – Certificate of classification”.

Where the class of the building is not identified, the owner may apply to council for assignment of classification as per Regulation 102 of the Planning, Development and Infrastructure (General) Regulations 2017.

Request a search through local council as Regulation 103E of the Planning, Development and Infrastructure (General) Regulations 2017 requires a private certifier to include a required schedule of essential safety provisions in the information provided to the relevant authority (council) when granting a provisional building rules consent. On receiving this information, the relevant authority (council) should record in a database the buildings that have been issued with schedules of essential safety provisions.

Such a database makes the future tracking of maintenance and safety records of the building much easier and can form the basis for an inspection policy based on an assessment of risk that is related to the building’s maintenance records.

To eliminate the complication, it is suggested an application under Reg. 94 be made through council or a registered building surveyor for a new schedule i.e., Form 1 to be issued to cover all essential safety provisions in the one document.

Regulation 94 of the Planning, Development and Infrastructure (General) Regulations 2017 gives councils the powers to revoke a certificate of occupancy where owner has failed to maintain their essential safety provisions.

Where building owner fails to comply, maximum penalties of $10,000 for not maintaining the essential safety provisions and or issuance of a Form 3 and if not providing proof of maintenance when requested by an authorised officer within 48 hours a penalty of $2,500 may be issued.

We assist building owners and agents in achieving compliance with the complex and ever-changing essential safety provisions legislation in the State of South Australia by issuing the Form 3 – ESP Maintenance Verification.

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