31/05/2023
If you own or are thinking of purchasing a commercial property or block of attached houses (villas, townhouses, apartments) in Queensland, it is important to understand your legal obligations when it comes to fire safety.
The Building Fire Safety Regulation 2008 (BFSR) and the Fire and Emergency Service Act 1990 (FESA) set out the requirements for fire safety in buildings in Queensland. The regulations apply to all commercial buildings except for single detached dwelling houses or attached houses, such as a townhouse or villa.
If your commercial building is classified as a high occupancy building, then you have additional obligations. A high occupancy building is any of the following buildings:
Class 2 or 3 building more than 25m high
Class 2, 3, 5, 6, 7b, 8, 9a, or 9b building that is a workplace where 30 or more workers are normally employed
Class 6 or 9b building that the commissioner has identified as an at-risk licensed building
If your building falls under one of these categories, you must appoint and train a Fire Safety Adviser. You are also required to ensure that Fire Safety Installations in the building comply with the requirements of Queensland Development Code Mandatory Part (QDC MP) 6.1.
Regardless of your building classification, it is your responsibility to maintain all fire safety installations to a standard of safety and reliability in the event of a fire. You must ensure that each prescribed fire safety installation is tested by a competent person in accordance with specific Australian Standards, or at intervals and in a way that is considered sufficient in the interest of safety. You must record details of each test in a ‘Record of Maintenance’ and lodge an ‘Annual Occupiers Statement’ with the Chief Commissioner of the QFES annually and within 12 months of the earliest recorded test.
Significant financial and imprisonment penalties apply for non-compliance with the regulations in certain circumstances. It is crucial that you understand and comply with these requirements to ensure the safety of everyone in the building in the event of a fire or other emergency.
To assist you in managing your compliance with the BFSR and FESA, the QFES has developed The Fire Safety Management Tool for Owner/Occupier, which is available online. The Advisory Notes provide further explanation and clarification of terms referenced. It is important to note that these resources are guides only and that neither document indicates compliance with all requirements of the BFSR and FESA.
If you have any doubts about your obligations or need further assistance, you may wish to seek professional advice from a fire safety consultant or a qualified fire safety professional. The QFES has established a Fire Safety Adviser Network to support Fire Safety Advisers, and they may be able to provide recommendations for qualified professionals.
