SA – Essential Property Services advises that two types of regulatory provisions apply to determine the minimum maintenance and testing of safety installations commonly known as essential safety provisions.  These provisions are under Regulation 76 of the Development Regulations 2008 and the Development Act 1993.

These provisions need not apply if –

(a) Building is Class 1A
(b) Building is a Class 2 building and does not have a rise in storeys exceeding 3 and does not have a floor area exceeding 200m².
(c) Building is a Class 3, 4, 5, 6, 7 and 9B building that does not have a rise in storeys not exceeding 2 and does not have a floor area exceeding 500m².

Current Situation – New Buildings & Alterations to Existing Buildings

Development Regulations 2008

Part 12 Division 4 of the Development Regulations contains Regulation 76 which places obligations on owners of buildings to ensure that essential safety provisions comply with Minister’s Specification SA 76 January 2000, Maintenance and testing of safety Installations.  Schedule of essential safety provisions.

When Council or the private certifier issue a provisional building rules consent the Council or private certifier must issue a Form 1 (Schedule 16), Schedule of Essential Safety Provisions.  Form 1 must specify each essential safety provision standards or other requirements for maintenance and testing as set out in Minister’s Specification SA 76.

Upon completion of installation of essential safety provisions the owner of the building must provide to Council within a reasonable time Form 2 (Schedule 16) Certificate of Compliance with Essential Safety Provisions signed by the installer certifying that the essential safety provision has been installed and tested in accordance with the conditions set out in the approval i.e. Schedule of Essential Safety Provisions.

The owner or manager must provide to the council a Form 3 (Schedule 16) Annual Certificate of Compliance with Maintenance Procedures for Essential Safety Provisions after the end of each calendar year certifying that maintenance and testing has been carried out for each essential safety provision in accordance with the Schedule of Essential Safety Provisions.  The regulations require the keeping of records relating to the carrying out of maintenance works.

Alterations/ Additions to Existing Buildings

Building Act 1971

The owner must ensure maintenance and testing of any essential safety provisions installed in a building under any former building regulations under the Building Act 1971 to the requirements that applied under those regulations including maintaining the necessary logbooks is carried out. (Refer to Minister’s Specification SA 76A – Appendix B for requirements if alterations/ additions occur to building).

Prior to Building Act 1971

If a building existed prior to 1971 and no building works have occurred since 1971 no provisions apply. No requirement to have essential safety provisions unless new building works are done. (Refer to Minister’s Specification SA 76 January 2000 – Appendix B for requirements).

Application

Applicable to all Class 1b, 2, 3, 4, 5, 6, 7, 8 and 9 buildings (in leased premises the owner is responsible for compliance).

A “Certificate of Compliance with Maintenance Procedures for Essential Safety Provisions” is not required for the following:

i.   a class 1b building

ii.   a Class 2 building that does not exceed a rise in storeys of 3 and does not have a floor area greater then 2000m².

iii.   a class 3, 4, 5, 6, 7, 8 or 9b building that does not exceed a rise in storeys of 2 and does not have a floor area exceeding 500m².

Recommendations

  1. Obtain copies of all documentation issued pre 1971 under former regulations relative to ‘essential safety provisions’ and implement the conditions including logbooks.
  2. Ensure statutory requirements of the regulations are meet to allow the “Certificate of Compliance with Maintenance Procedures for Essential Safety Provisions” to be issued, develop and implement a logbook system that reflects the regulation requirements and record all pertinent information leading to the issue of the certificate.
  3. Forward a copy of the “Certificate of Compliance with Maintenance Procedures for Essential Safety Provisions” signed by the owner or manager to Council annually.

Building Legislation Table

Refer to our Building Legislation table for further information on the Annual Certificate of Compliance and Building Rules Certification.