REG-19
March 2017

Essential Safety Measures Penalities

VIC  Hendry advises for various reasons building owners and property professionals find they are unable to comply with a number of essential safety measures provisions contained in Part 12 Building Regulations 2006.

/ INFRINGEMENT NOTICE
Part 17 – Infringement Notices in the regulations provides for an authority to issue a building infringement notice, an extract of Part 17 of the Building Regulations 2006 follows:

Part 17 – Infringement Notices
1701 Application|
This Part applies to all buildings and places of public entertainment whenever constructed.

1702 Authorised officers
The office or class of officers for the purposes of the definition of authorised officer in section 254 of the Act are—

  • (a) the Commissioner, for offences against regulations 1009, 1205, 1207, 1208, 1211, 1214, 1216, 1217 and 1218;
  • (b) the chief officer, for offences against regulations 707, 708, 709, 710, 1009, 1205, 1207, 1208, 1211, 1214, 1216, 1217 and 1218; and
  • (c) the municipal building surveyor, for offences against regulations 703, 707, 708, 709, 710, 1009, 1205, 1207, 1208, 1211, 1214, 1216, 1217 and 1218.

1703 Prescribed offences
The prescribed offences for the purposes of the definition of prescribed offence in section 254 of the Act are, offences against regulations 703, 707, 708, 709, 710, 1009, 1205, 1207, 1208, 1211, 1214, 1216, 1217 and 1218.

The authorised officer under the Building Regulations 2006 empowered to inspect the essential safety measures in a building and to issue an infringement notice is the Victorian Building Authority, municipal building surveyor (local council) or the chief officer (MFB or CFA).

It can be seen from regulations 1702 and 1703 above that the three authorised officers have significant input into ensuring that the various regulations in Part 12 of the Building Regulations 2006 are complied with by building owners and occupiers.

/ WHAT BUILDING OWNERS, AGENTS AND OCCUPIERS FAIL TO DO
An infringement notice under the building regulations applies across the board for a range of non-compliant issues, essential safety measures regulations are:

  • 1205 – Building owner fails to comply with the maintenance determination
  • 1207 – Building owner fails to make a maintenance schedule or determination available for inspection
  • 1208 – Building owner fails to prepare the Annual Essential Safety Measures Report (AESMR) before the anniversary date each year
  • 1211 – Building owner fails to provide on the premises the AESMR and all essential safety measures logbooks when requested
  • 1214, 1216 and 1217 are similar to above and relate to buildings constructed before July 1994
  • 1218 – Building owner and/ or occupier fails to ensure that exits and paths of travel to an exit are maintained in a condition that ensures safe passage.

Building owners and property managers must be aware of the above offences under the Building Regulations 2006 and ensure adequate inspection, recording, maintenance and verification systems are in place.

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