Building Fire Safety Regulation 1991

Queensland Building Act 1975 Fire and Rescue Service Act 1990 Building Fire Safety Regulation 1991 Reprinted as in force on 8 February 2008 Reprint No. 5C This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2008 SL No. 160 s 76

Information about this reprint This regulation is reprinted as at 8 February 2008. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland Building Fire Safety Regulation 1991 Contents Part 1 1 2 4 5 7 8 Part 2 9 10 11 12 13 13A 14 15 16 17 Part 3 18 19 20 21 Part 4 22 23 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Prescribed exit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Chief commissioner to approve forms . . . . . . . . . . . . . . . . . . . . . 5 Approved forms to be used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Building fire safety Means of escape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Limitation of the number of persons using a building . . . . . . . . . . 7 Fire and evacuation plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Record of fire instruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Further requirements regarding fire and evacuation plans for some buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Evacuation training for budget accommodation buildings . . . . . . 10 Residential units to have signs . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Testing of special fire services . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Testing of other prescribed fire safety installations. . . . . . . . . . . . 12 Mechanical ventilation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Miscellaneous Records to be kept up to date and safely stored . . . . . . . . . . . . . 13 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 False or misleading record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Search as to whether notice to comply has been given . . . . . . . . 14 Fees for assessment or inspection of special fire services for building work under Building Act Definitions for pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Assessment and inspection fee . . . . . . . . . . . . . . . . . . . . . . . . . . 16

2 Building Fire Safety Regulation 1991 24 24A 25 26 27 28 29 30 Schedule 1 1 2 Schedule 2 Schedule 3 Reassessment fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fee for interim inspection of required special fire service . . . . . . Fee for further inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fitting out of building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alternative solution meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fire engineering design briefs . . . . . . . . . . . . . . . . . . . . . . . . . . . Fee for inspection of required special fire service for temporary building ..................................... Fee for inspection of special fire service for approving BCA classification change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Matters in respect of which information may be required in approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application to be issued a certificate of compliance under section 104I of the Fire Service Act . . . . . . . . . . . . . . . . . . . . . . . Objection under section 104L of the Fire Service Act . . . . . . . . . Percentages for calculating special fire service fees . . . . . . Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 17 17 18 18 19 20 21 22 22 22 23 24 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 25 25 26 26 28

s1 3 s4 Building Fire Safety Regulation 1991 Building Fire Safety Regulation 1991 [as amended by all amendments that commenced on or before 8 February 2008] Part 1 Preliminary 1 Short title This regulation may be cited as the Building Fire Safety Regulation 1991 . 2 Commencement This regulation commences on 1 January 1992. 4 Definitions In this regulation— approved form means the form approved by the chief commissioner under section 7. automatic-closing door means a door controlled by a device that automatically closes and latches the door on activation by a heat, smoke or fire sensing device. building has the meaning given in section 104A of the Fire Service Act. Building Act means the Building Act 1975 . certificate of maintenance means a certificate of maintenance mentioned in section 15. competent person , in relation to the testing of a prescribed fire safety installation, means a person who— (a) holds a current Certificate of Accreditation, issued by the Fire Protection Contractors Registration Board of Queensland Inc., that relates to the installation; or

s5 4 s5 Building Fire Safety Regulation 1991 (b) has other appropriate qualifications and experience to properly test and maintain the installation. fail-safe , in relation to a device for locking a door (including for example a control switch, latch or lock), means that the device is designed to ensure that the door will be unlocked if the device fails or is inoperative for any reason. Fire Service Act means the Fire and Rescue Service Act 1990 . lock includes fasten. record of fire instruction means a record of fire instruction mentioned in section 12. record of maintenance means a record of maintenance mentioned in section 16. residential unit means a unit or room in a hotel, hostel, block of flats or other residential building. self-closing door means a door that automatically returns to the closed and latched position after each manual opening. service means the Queensland Fire and Rescue Service established under the Fire Service Act . special fire service has the meaning given in the Building Act. test includes inspect with or without further test. 5 Prescribed exit (1) In this regulation, a reference to a prescribed exit in relation to a building is a reference to an exit that— (a) was at any time required to be maintained in the building under any Act, including as a prerequisite to the granting of an approval or the issue of a notice, certificate or instrument; and (b) was not at any time authorised under any Act to be no longer maintained. (2) For the purpose of this section— Act includes any Act and any statutory rule, whenever passed or made and whether or not it has ceased to exist.

s7 5 s9 Building Fire Safety Regulation 1991 7 Chief commissioner to approve forms (1) If the Fire Service Act or this regulation allows or requires a person to— (a) make an application or an objection; or (b) keep a record; or (c) give any other form; in the approved form, the chief commissioner must approve a form for that purpose. (2) Matters in respect of which information may be required under various approved forms are set out in schedule 1. (3) A person may request the chief commissioner to give to the person a document setting out an approved form. (4) The chief commissioner must promptly comply with the request. 8 Approved forms to be used A person making— (a) an application to be issued a certificate of compliance under section 104I of the Fire Service Act; or (b) an objection under section 104L of the Fire Service Act; must do so in the approved form. Part 2 Building fire safety 9 Means of escape (1) In this section— exit door means a door— (a) that is in the path of travel to an exit; or (b) that affords a means of exit for persons from any part of the building.

s9 6 s9 Building Fire Safety Regulation 1991 object includes a waste container and an item of equipment, furniture, goods or materials. path of travel to an exit , in relation to a building, means any doorway, corridor, stairway, landing or passageway forming part of the path of travel to an exit from any place in the building. (2) The occupier of a building must, at all times, ensure that no object is placed or allowed to remain in the path of travel to an exit that would unduly restrict a person using the path of travel in the event of a fire, having regard to— (a) whether the object could be displaced or knocked over by a person; and (b) the number of persons that could be in that part of the building in the event of fire. (3) The occupier of a building must, at all times, ensure that— (a) no object is placed or allowed to remain; and (b) no vehicle is parked or allowed to stand; in the path of travel from an exit leading out of the building for a distance of 2m. (4) Subject to subsection (5), the occupier of a building must ensure that, while any person is within the building, every exit door can be easily and quickly opened from the side approached by a person seeking to exit from the building, even if it is locked. (5) If a person within a building is in the custody of another person, the duty imposed by subsection (4) is taken to be a duty to ensure that the exit door may be easily and quickly opened by the last person. (6) If anything other than a simple latch has to be operated by a person to open an exit door on leaving a building, the occupier of the building must ensure that adequate instructions on how to operate the latch are given to every person permanently working or residing in the building. (7) If an exit door is fitted with a fail-safe control switch or other fail-safe device, the occupier of the building must regularly

s 10 7 s 10 Building Fire Safety Regulation 1991 monitor the fail-safe operation of that control switch or other device. Maximum penalty—30 penalty units. 10 Limitation of the number of persons using a building (1) The occupier of a building must ensure that the number of persons present in the building at any one time, having regard to the matters specified in subsection (2)— (a) does not cause overcrowding; and (b) does not exceed the maximum number that may be accommodated under— (i) for a budget accommodation building to which chapter 7, part 3 applies—the Queensland Development Code, part 2.1, performance criteria P3 and acceptable solution A3; or (ii) otherwise—clause D 1.13 of the Building Code of Australia. Maximum penalty—30 penalty units. (2) The matters to be considered in relation to a building are— (a) its use; and (b) the size of its floor area; and (c) the number, location and dimensions of the exits; and (d) the number, location and dimensions of the paths of travel to each exit; and (e) whether persons in the building can exit directly onto an open space. (3) For the purpose of this section, if— (a) premises are comprised of more than 1 building; and (b) the buildings are unconnected or connected only by a covered walkway; the number of persons permitted to be in a building at any one time is to be determined separately for each building.

s 11 8 s 11 Building Fire Safety Regulation 1991 (4) A person who fails to comply with this section commits a continuing offence and is liable to a penalty of 30 penalty units for each day after conviction that the person commits the offence. (5) In this section— Queensland Development Code see the Building Act 1975 , section 13. 11 Fire and evacuation plans (1) The occupier of a building must give to every person permanently working in the building instructions on the matters mentioned in subsection (2) within the periods of time mentioned in subsection (3). (2) The matters on which instructions must be given are— (a) the procedure to be followed in the event of fire; and (b) the means of escape from the building in the event of fire; and (c) the location and method of operation of— (i) fire fighting equipment; and (ii) fire alarms or equipment for warning of fire; and (d) if members of the public are ordinarily admitted to the building—the procedure for conducting them to an exit in the event of fire; and (e) if a person working in the building has other persons in care or custody within the building—the procedure in the event of fire for— (i) conducting the persons to an exit; and (ii) marshalling the persons in a safe place; and (iii) checking whether all the persons are present at the safe place; and (iv) if any of the persons is not present at the safe place—reporting the fact to a person in charge of the building at the time.

s 12 9 s 13 Building Fire Safety Regulation 1991 (3) The instructions must be given in the first instance as soon as is practicable and in any case— (a) within 6 months of the day of commencement of this section; or (b) within 1 month of the day on which the person starts working in the building; whichever is the later, and afterwards must be repeated at intervals of not more than 12 months while the person works in the building. Maximum penalty—10 penalty units. 12 Record of fire instruction (1) The occupier of a building must keep in the building a record of fire instruction, containing the following details in relation to each occasion that instructions were given to workers in the building under section 11— (a) the date; (b) the instructor’s name; (c) a brief description of which workers were instructed, for example by reference to their occupation or location in the building; (d) a brief description of the instructions given. (2) The occupier must produce the record for inspection if requested by an authorised fire officer. Maximum penalty—5 penalty units. 13 Further requirements regarding fire and evacuation plans for some buildings (1) This section applies only to an occupier of a building mentioned in schedule 5 of the Fire Service Act, in relation to the plan required to be maintained by the occupier under section 104E(a) of the Act. (2) The occupier must maintain a plan that includes— (a) the procedures to be followed in the event of fire; and

s 13A 10 Building Fire Safety Regulation 1991 s 14 (b) the persons (described by reference to the positions they hold or in any other suitable way) responsible for administering and ensuring compliance with the procedures mentioned in paragraph (a). (3) The occupier must produce the plan for inspection when requested by an authorised fire officer. Maximum penalty—10 penalty units. 13A Evacuation training for budget accommodation buildings (1) The occupier of a budget accommodation building must ensure an evacuation of the building under the fire and evacuation plan for the building is carried out at intervals of not more than 12 months. Maximum penalty—10 penalty units. (2) The occupier must keep in the building, with the fire safety management plan for the building, a record of the evacuations containing the date and time of each evacuation. (3) The occupier must produce the record for inspection if requested by an authorised fire officer. Maximum penalty—10 penalty units. (4) In this section— fire and evacuation plan means a fire and evacuation plan maintained by the occupier under section 104E of the Fire Service Act. 14 Residential units to have signs (1) This section does not apply in relation to a residential unit in which a person permanently resides. (2) The owner of a residential unit within a building must display conspicuously in the unit a sign indicating— (a) the location of the building’s exits and of the paths of travel from the unit to the exits; and (b) the location of the nearest fire fighting equipment; and

s 15 11 s 15 Building Fire Safety Regulation 1991 (c) the emergency procedures to be followed in the event of fire. Maximum penalty—10 penalty units. 15 Testing of special fire services (1) The occupier of a building must ensure that each prescribed fire safety installation in the building that is a special fire service is tested from time to time by a competent person— (a) if there is an Australian Standard that relates to the testing of the special fire service—in compliance with the Australian Standard; and (b) in any other case—at intervals and in a way that the competent person considers sufficient in the interests of safety. Maximum penalty—30 penalty units. (2) The occupier must— (a) record in a certificate of maintenance the details mentioned in subsection (3) of each test of a special fire service; and (b) lodge the certificate with the chief commissioner within 12 months of the day of the earliest test recorded in it; and (c) for a budget accommodation building—keep a copy of the certificate of maintenance with the fire safety management plan for the building. Maximum penalty—5 penalty units. (3) The details to be recorded in a certificate of maintenance for each test are— (a) the date of the test; and (b) whether or not the special fire service was found by the competent person to be properly maintained; and (c) the details of any repairs or maintenance undertaken.

s 16 12 s 16 Building Fire Safety Regulation 1991 (4) An occupier who is required to keep a certificate of maintenance, or a copy of the certificate, under this section must produce it, on demand, to an authorised fire officer. Maximum penalty—5 penalty units. 16 Testing of other prescribed fire safety installations (1) The occupier of a building must ensure that each prescribed fire safety installation in the building, other than a special fire service, is tested by a competent person— (a) if there is an Australian Standard that relates to the testing of the installation—in compliance with the Australian Standard; and (b) in any other case—at intervals and in a way that the competent person considers sufficient in the interests of safety. Maximum penalty—30 penalty units. (2) The occupier must keep a record of maintenance— (a) containing the details mentioned in subsection (3) of each test of an installation; and (b) in such a way that it may be inspected at any time on demand by an authorised fire officer. Maximum penalty—5 penalty units. (2A) Also, if the building is a budget accommodation building, the occupier must keep a copy of the record of maintenance with the fire safety management plan for the building. (3) The details to be recorded in a record of maintenance for each test are— (a) the name and address of the person that conducted the test; and (b) the date; and (c) a brief description of the procedure carried out; and (d) the results; and (e) any corrective action required; and (f) the date any required corrective action was taken.

s 17 13 s 19 Building Fire Safety Regulation 1991 (4) An occupier who is required to keep a record of maintenance, or a copy of the record, under this section must produce it, on demand, to an authorised fire officer. Maximum penalty—5 penalty units. 17 Mechanical ventilation A person must not install or modify a mechanical ventilation system or air conditioning system to operate in a building so that, in the event of fire, it is possible for air to flow into any space forming part of a means of escape from any other space in the building. Maximum penalty—30 penalty units. Part 3 Miscellaneous 18 Records to be kept up to date and safely stored A person who is required under this regulation to keep a record of fire instruction, a certificate of maintenance or a record of maintenance must maintain the record or certificate up to date and in a way that will preserve it in the event of fire. Maximum penalty—5 penalty units. 19 Offences A person must not— (a) lock or otherwise interfere with a door that is a prescribed exit or is situated in the path of travel to a prescribed exit, so that the door is rendered wholly or partially incapable of being operated in accordance with this regulation; or (b) obstruct any doorway that is a prescribed exit or is situated in the path of travel to a prescribed exit, so that

s 20 14 s 21 Building Fire Safety Regulation 1991 the doorway is rendered wholly or partially incapable of being used in the event of a fire. Maximum penalty—30 penalty units. 20 False or misleading record A person, in response to a requirement to produce— (a) a record of fire instruction under section 12; or (b) a certificate of maintenance under section 15; or (c) a record of maintenance under section 16; must not produce a record or certificate containing information that the person knows is false or misleading in a material particular without— (d) indicating that the record or certificate is false or misleading and the respect in which it is false or misleading; and (e) giving correct information if the person has, or can reasonably obtain, the correct information. Maximum penalty—10 penalty units. 21 Search as to whether notice to comply has been given (1) A person may— (a) inquire of the service whether the chief commissioner has given to a person a notice under section 104G of the Fire Service Act in relation to a specified building; and (b) if such a notice has been given—request a copy of the notice. (2) A person must pay the fee of $47.53 for each inquiry or request under this section.

s 22 15 s 22 Building Fire Safety Regulation 1991 Part 4 Fees for assessment or inspection of special fire services for building work under Building Act 22 Definitions for pt 4 In this part— applicant , for stated building work, means a person who has made application to the service for its approval for the applicant to carry out the stated building work. base fee , relating to stated building work, means— (a) if the building work is to have a floor area of not more than 700m 2 —$491.03; or (b) if the building work is to have a floor area of more than 700m 2 but not more than 1100m 2 —$884.32; or (c) if the building work is to have a floor area of more than 1100m 2 but not more than 1500m 2 —$1081.81; or (d) if the building work is to have a floor area of more than 1500m 2 but not more than 2000m 2 —$1184.85; or (e) if the building work is to have a floor area of more than 2000m 2 —$1236.40 plus $9.46 for each 100m 2 , or part of 100m 2 , over 2000m 2 . floor area has the meaning given by clause A1.1 of the Building Code of Australia. required special fire service , for stated building work, means a special fire service required, under the Building Act, to be installed as part of the building work. special fire service fee , for a required special fire service stated in schedule 2, column 1 for stated building work, means the fee calculated by multiplying the base fee relating to the stated building work by the percentage stated in schedule 2, column 2 shown opposite the required special fire service. stated building work means building work required, under the Building Act, to be provided with a special fire service.

s 23 16 s 24 Building Fire Safety Regulation 1991 23 Assessment and inspection fee (1) An applicant for stated building work must, at the time of making the application, pay the service the total of the following fees for the assessment of the required special fire services for the stated building work— (a) the base fee relating to the stated building work; (b) the special fire service fee for each required special fire service for the stated building work. (2) Subsection (1) does not apply if— (a) the stated building work involves the fitting out of a building; or (b) the applicant applies for an approval under section 28. 24 Reassessment fee (1) This section applies if— (a) a fee under section 23 has been paid in relation to stated building work; and (b) the applicant for the stated building work submits amended plans and specifications, relating to the stated building work, for approval. (2) The applicant must pay the reassessment fee stated in schedule 3 to the service for the reassessment of the required special fire services for the stated building work. (3) The fee must be paid within 14 days after the service gives the applicant written notice of the fee. (4) If the amount of the fee is not paid by the applicant within the 14 day period, the service may recover the amount from the applicant as a debt. (5) In this section— fee under section 23 includes a fee paid under section 23, as in force immediately before the commencement of this section, for building work.

s 24A 17 Building Fire Safety Regulation 1991 s 25 24A Fee for interim inspection of required special fire service (1) This section applies if an applicant for stated building work asks the service to perform an interim inspection of a required special fire service for the stated building work. (2) The applicant must pay the service the general inspection fee stated in schedule 3 for performing the interim inspection. (3) In this section— interim inspection , of a required special fire service for stated building work, means an inspection of the special fire service carried out before the applicant for the stated building work informs the chief executive that the stated building work has been completed. 25 Fee for further inspections (1) Subsection (3) applies if— (a) an applicant for stated building work has been unsuccessful in obtaining the service’s approval in relation to special fire services installed as part of the stated building work; and (b) at the applicant’s request, the service again inspects the special fire services. (2) Also, subsection (3) applies if an applicant for stated building work to which the Building Act, chapter 5, part 1, division 2, applies— (a) has completed a stage of construction of the stated building work; and (b) at the applicant’s request, the service inspects the special fire services installed as part of the stage of construction. (3) The applicant must pay, to the service, the reinspection fee stated in schedule 3, for the inspection, within 14 days after the service gives the applicant written notice of the fee. (4) If the amount of the fee is not paid by the applicant within the 14 day period, the service may recover the amount from the applicant as a debt.

s 26 18 s 27 Building Fire Safety Regulation 1991 26 Fitting out of building (1) This section applies if stated building work involves the fitting out of a building that has special fire services installed. (2) If the fitting out does not require the replacement or alteration of the special fire services, an applicant for the stated building work must, at the time of making the application, pay the service the base fee relating to the stated building work for the assessment and inspection of the required special fire services for it. (3) Subsection (4) applies if the fitting out— (a) requires the replacement or alteration of a special fire service; or (b) will, under the Building Act 1975 , result in a BCA classification change to the building. (4) An applicant for the stated building work must, at the time of making the application, pay the service the total of the following fees for the assessment and inspection of the required special fire services for the stated building work— (a) the base fee relating to the stated building work; (b) the special fire service fee for each required special fire service for the stated building work. 27 Alternative solution meetings (1) This section applies if— (a) stated building work is in the course of construction; and (b) a meeting is held between a building certifier and an authorised representative of the service to consider, and decide on, a proposed alternative solution for the stated building work. (2) The applicant for the stated building work must pay the service a fee of $491.03 for considering, and deciding on, the proposed alternative solution. (3) The fee must be paid within 14 days after the service gives the applicant written notice of the fee.

s 28 19 s 28 Building Fire Safety Regulation 1991 (4) If the amount of the fee is not paid by the applicant within the 14 day period, the service may recover the amount from the applicant as a debt. (5) In this section— alternative solution has the meaning given by clause A1.1 of the Building Code of Australia. building certifier see the Building Act, section 8. 28 Fire engineering design briefs (1) This section applies if a person applies to the service for the approval of a proposed fire engineering design brief, for stated building work, prepared in accordance with the fire engineering guidelines. (2) The applicant must pay the service the total of the following fees— (a) the research fee for the relevant level of fire engineering analysis, for the stated building work, as stated in the fire engineering guidelines; (b) the assessment fee relating to the stated building work; (c) the fire engineering design brief consultation fee stated in schedule 3; (d) the fire engineering design brief meeting fee stated in schedule 3 for each fire engineering brief meeting attended by an authorised representative of the service. (3) If an authorised representative of the service is required by the applicant to travel a distance of more than 200km to consult with the applicant or applicant’s nominee, the applicant must also pay the service the reasonable travelling and accommodation costs incurred by the representative. (4) A fee mentioned in subsection (2) or costs owing under subsection (3) must be paid within 14 days after the service gives the applicant written notice of the fee or costs. (5) If the amount of the fee or costs is not paid within the period mentioned in subsection (4), the service may recover the amount from the applicant as a debt.

s 29 20 s 29 Building Fire Safety Regulation 1991 (6) In this section— assessment fee , relating to stated building work, means the amount worked out using the following formula— 2 x (BF + SFSF) where— BF means the base fee relating to the stated building work. SFSF means the total of the special fire service fees for the required special fire services for the stated building work. fire engineering design brief means a brief prepared with reference to the fire engineering guidelines. fire engineering guidelines means the document, ‘International Fire Engineering Guidelines, Edition 2005’, published by the Australian Building Codes Board. Editor’s note — A copy of the document is available for purchase from the Australian Building Codes Board, P.O. Box 279, Fyshwick ACT. research fee means— (a) for a level 1 fire engineering analysis—$480.82; or (b) for a level 2 fire engineering analysis—$789.92; or (c) for a level 3 fire engineering analysis—$1579.85. 29 Fee for inspection of required special fire service for temporary building (1) This section applies if the service performs an inspection of a a required special fire service for stated building work for giving a report under section 64(2) of the Building Act. (2) The applicant for the stated building work must pay the service the general inspection fee stated in schedule 3 for performing the inspection.

s 30 21 s 30 Building Fire Safety Regulation 1991 30 Fee for inspection of special fire service for approving BCA classification change (1) This section applies if the service performs an inspection of a special fire service in a building for giving a report under section 112(4) of the Building Act. (2) The owner of the building must pay the service the general inspection fee stated in schedule 3 for performing the inspection.

22 Building Fire Safety Regulation 1991 Schedule 1 Matters in respect of which information may be required in approved forms section 7 1 Application to be issued a certificate of compliance under section 104I of the Fire Service Act (1) In relation to the applicant— (a) name; (b) address. (2) In relation to the building for which the certificate is sought— (a) address; (b) real property description; (c) use; (d) number of storeys; (e) arrangements for accommodating persons; (f) owner; (g) manager. 2 Objection under section 104L of the Fire Service Act (1) In relation to the objector— (a) name; (b) address. (2) The notice in respect of which the objection is being made. (3) The building to which the notice relates. (4) The grounds of objection.

23 Building Fire Safety Regulation 1991 Schedule 2 Percentages for calculating special fire service fees section 22, definition special fire service fee Column 1 Special fire services Column 2 Percentage 1 Large isolated buildings. . . . . . . . . . . . . . . . . . . . . . . . . 15% 2 Fire fighting equipment that— (a) includes booster connections or fixed pumps sets; 25% or (b) includes additional hydrant services . . . . . . . . . . . 10% 3 Sprinklers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15% 4 Wall-wetting sprinklers . . . . . . . . . . . . . . . . . . . . . . . . . 10% 5 Special automatic fire suppression systems. . . . . . . . . . 10% 6 Fire detection and alarm systems, other than stand-alone smoke alarms not required to be interconnected or connected to a fire indicator panel . . 40% 7 Interconnected smoke alarms . . . . . . . . . . . . . . . . . . . . 20% 8 Fire control centres or rooms. . . . . . . . . . . . . . . . . . . . . 10% 9 Provisions for special hazards . . . . . . . . . . . . . . . . . . . . 20% 10 Smoke exhaust systems . . . . . . . . . . . . . . . . . . . . . . . . . 40% 11 Air-handling systems used for smoke control . . . . . . . . 10% 12 Smoke and heat venting systems . . . . . . . . . . . . . . . . . . 10% 13 Emergency lifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10% 14 Emergency warning and intercommunication systems . 20% 15 Prescribed buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . 15% 16 Stairwell pressurisation systems . . . . . . . . . . . . . . . . . . 40%

24 Building Fire Safety Regulation 1991 Schedule 3 Fees sections 24(2), 24A(2), 25(3), 28(2), 29(2) and 30(2) $ 1 Reassessment fee—for each hour, or part of an hour, of the assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188.93 2 General inspection fee—for each hour, or part of an hour, of the inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188.93 3 Reinspection fee— (a) for the first hour, or part of the first hour, of the inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 377.79 (b) for each additional hour, or part of an additional hour, of the inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188.93 4 Fire engineering design brief consultation fee . . . . . . . . . . 1511.16 5 Fire engineering design brief meeting fee— (a) for attendance at not more than 3 meetings . . . . . . . nil (b) for attendance at the 4th and each subsequent meeting—for each hour, or part of an hour, of the meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188.93

25 Building Fire Safety Regulation 1991 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 8 February 2008. Future amendments of the Building Fire Safety Regulation 1991 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

26 Building Fire Safety Regulation 1991 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 2 2A 2B 3 3A 3B 3C 3D 4 Amendments to none 1993 SL No. 200 1996 SL No. 134 1997 SL No. 139 1997 SL No. 139 1998 SL No. 86 1998 SL No. 183 1999 SL No. 101 2000 SL No. 186 2001 SL No. 102 Effective 1 January 1992 11 June 1993 1 July 1996 1 July 1997 1 July 1997 30 April 1998 1 July 1998 1 July 1999 1 July 2000 1 July 2001 Reprint date 1 July 1992 27 July 1993 23 August 1996 28 July 1997 28 January 1998 5 May 1998 13 July 1998 2 July 1999 5 July 2000 7 September 2001 Reprint No. 4A 4B rv 4C 4D 4E 4F 4G 5 5A 5B 5C Amendments included 2002 SL No. 151 2003 SL No. 110 2003 SL No. 150 2004 SL No. 76 2005 SL No. 105 2005 SL No. 105 2006 SL No. 119 2006 SL No. 227 — 2007 SL No. 121 2007 SL No. 326 2008 SL No. 20 Effective 1 July 2002 1 July 2003 1 July 2004 3 June 2005 1 July 2005 1 July 2006 1 September 2006 1 September 2006 1 July 2007 14 December 2007 8 February 2008 Notes R4G withdrawn, see R5 5 List of legislation Building Fire Safety Regulation 1991 SL No 187 made by the Governor in Council on 19 December 1991 pubd gaz 21 December 1991 pp 2534–48 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 1992 (see s 2) exp 31 August 2008 (see SIA s 56A(2) and SIR s 5 sch 3) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change.

27 Building Fire Safety Regulation 1991 amending legislation— Building Fire Safety Amendment Regulation (No. 1) 1993 SL No. 200 notfd gaz 11 June 1993 pp 874–7 commenced on date of notification Fire Service Legislation Amendment Regulation (No. 1) 1995 SL No. 173 pts 1, 3 notfd gaz 9 June 1995 pp 1165–71 commenced on date of notification Fire Service Legislation Amendment Regulation (No. 1) 1996 SL No. 134 pts 1, 3 notfd gaz 14 June 1996 pp 987–9 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 1996 (see s 2) Fire Service Legislation Amendment Regulation (No. 1) 1997 SL No. 139 pts 1, 3 notfd gaz 6 June 1997 pp 586–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 1997 (see s 2) Building Legislation Amendment Regulation (No. 1) 1998 SL No. 86 ss 1, 2(2) pt 6 notfd gaz 17 April 1998 pp 1616–18 ss 1, 2(2) commenced on date of notification remaining provisions commenced 30 April 1998 (see s 2(2)) Fire Legislation Amendment Regulation (No. 1) 1998 SL No. 183 pts 1, 3 notfd gaz 12 June 1998 pp 894–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 1998 (see s 2) Fire Legislation Amendment Regulation (No. 1) 1999 SL No. 101 pts 1–2 notfd gaz 4 June 1999 pp 558–9 ss 1–2 commence on date of notification remaining provisions commenced 1 July 1999 (see s 2) Building Fire Safety Amendment Regulation (No. 1) 2000 SL No. 186 notfd gaz 30 June 2000 pp 736–48 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2000 (see s 2) Building Fire Safety Amendment Regulation (No. 1) 2001 SL No. 102 notfd gaz 29 June 2001 pp 822–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2001 (see s 2) Building Fire Safety Amendment Regulation (No. 1) 2002 SL No. 151 notfd gaz 21 June 2002 pp 783–4 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2002 (see s 2) Fire Legislation Amendment Regulation (No. 1) 2003 SL No. 110 pts 1–2 notfd gaz 13 June 2003 pp 543–4 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2003 (see s 2)

28 Building Fire Safety Regulation 1991 Pastoral Workers’ Accommodation Regulation 2003 SL No. 150 ss 1–2, pt 8 notfd gaz 27 June 2003 pp 749–56 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2003 (see s 2) Fire Legislation Amendment Regulation (No. 1) 2004 SL No. 76 pts 1–2 notfd gaz 11 June 2004 pp 445–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2004 (see s 2) Emergency Services Legislation Amendment Regulation (No. 1) 2005 SL No. 105 pts 1, 3 notfd gaz 3 June 2005 pp 415–19 ss 7–12 commenced 1 July 2005 (see s 2) remaining provisions commenced on date of notification Emergency Services Legislation Amendment Regulation (No. 1) 2006 SL No. 119 pts 1–2 notfd gaz 2 June 2006 pp 572–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2006 (see s 2) Building Regulation 2006 SL No. 227 ss 1–2, pt 10 notfd gaz 18 August 2006 pp 1821–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2006 immediately after the commencement of s 5 of the Building and Other Legislation Amendment Act 2006 No. 36 (see s 2 and 2006 SL No. 226) Emergency Services Legislation Amendment Regulation (No. 1) 2007 SL No. 121 pts 1–2 notfd gaz 15 June 2007 pp 892–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2007 (see s 2) Building and Other Legislation Amendment Regulation (No. 3) 2007 SL No. 326 pts 1, 3 notfd gaz 14 December 2007 pp 2131–5 commenced on date of notification Building Fire Safety Amendment Regulation (No. 1) 2008 SL No. 20 notfd gaz 8 February 2008 pp 588–9 commenced on date of notification 6 List of annotations Repeal s 3 om R1 (see RA s 40) Definitions s 4 def “approved form” amd 2000 SL No. 186 s 4 def “Australian Standard” om 2002 SL No. 151 s 4(1)

29 Building Fire Safety Regulation 1991 def “building” amd 1993 SL No. 200 s 3 def “Building Act” ins 1993 SL No. 200 s 3 def “Fire Service Act” ins 1993 SL No. 200 s 3 amd 1998 SL No. 86 s 30(1); 2002 SL No. 151 s 4(2) def “service” ins 2008 SL No. 20 s 3 def “special fire service” amd 1998 SL No. 86 s 30(2); 2006 SL No. 227 s 61 Fees s 6 om 2008 SL No. 20 s 4 Chief commissioner to approve forms prov hdg amd 2000 SL No. 186 s 5(1) s 7 amd 1993 SL No. 200 s 4; 2000 SL No. 186 s 5(2) Approved forms to be used s 8 amd 1993 SL No. 200 s 5 Means of escape s 9 amd 2005 SL No. 105 s 6 Limitation of the number of persons using a building s 10 amd 2002 SL No. 151 s 5; 2003 SL No. 150 s 22; 2006 SL No. 227 s 62; 2007 SL No. 326 s 8 Further requirements regarding fire and evacuation plans for some buildings s 13 amd 1993 SL No. 200 s 6 Evacuation training for budget accommodation buildings s 13A ins 2002 SL No. 151 s 6 Testing of special fire services s 15 amd 2000 SL No. 186 s 6; 2002 SL No. 151 s 7 Testing of other prescribed fire safety installations s 16 amd 2002 SL No. 151 s 8 Search as to whether notice to comply has been given s 21 amd 1993 SL No. 200 s 7; 2000 SL No. 186 s 7; 2008 SL No. 20 s 5 PART 4—FEES FOR ASSESSMENT OR INSPECTION OF SPECIAL FIRE SERVICES FOR BUILDING WORK UNDER BUILDING ACT pt hdg sub 1993 SL No. 200 s 8; 2000 SL No. 186 s 8 Definitions for pt 4 s 22 sub 2000 SL No. 186 s 8 def “applicant” amd 2008 SL No. 20 s 6(2) def “authority” om 2008 SL No. 20 s 6(1) def “base fee” sub 2001 SL No. 102 s 4; 2003 SL No. 110 s 4; 2004 SL No. 76 s 4; 2005 SL No. 105 s 7; 2006 SL No. 119 s 4; 2007 SL No. 121 s 4 amd 2008 SL No. 20 s 6(3)–(8) def “required special fire service” amd 2006 SL No. 227 s 61 def “stated building work” amd 2008 SL No. 20 s 6(9)

30 Building Fire Safety Regulation 1991 Assessment and inspection fee s 23 amd 1998 SL No. 86 s 31; 1999 SL No. 101 s 4 sub 2000 SL No. 186 s 8 amd 2008 SL No. 20 s 7 Reassessment fee s 24 amd 1999 SL No. 101 s 5 sub 2000 SL No. 186 s 8 amd 2001 SL No. 102 s 5; 2003 SL No. 110 s 5; 2004 SL No. 76 s 5; 2005 SL No. 105 s 8; 2006 SL No. 119 s 5; 2007 SL No. 121 s 5; 2008 SL No. 20 s 8 Fee for interim inspection of required special fire service s 24A ins 2008 SL No. 20 s 9 Fee for further inspections s 25 ins 2000 SL No. 186 s 8 amd 2001 SL No. 102 s 6; 2003 SL No. 110 s 6; 2004 SL No. 76 s 6; 2005 SL No. 105 s 9; 2006 SL No. 119 s 6; 2006 SL No. 227 s 63; 2007 SL No. 121 s 6; 2008 SL No. 20 s 10 Fitting out of building s 26 ins 2000 SL No. 186 s 8 amd 2006 SL No. 227 s 64; 2008 SL No. 20 s 11 Alternative solution meetings s 27 ins 2000 SL No. 186 s 8 amd 2001 SL No. 102 s 7; 2003 SL No. 110 s 7; 2004 SL No. 76 s 7; 2005 SL No. 105 s 10; 2006 SL No. 119 s 7; 2006 SL No. 227 s 65; 2007 SL No. 121 s 7; 2008 SL No. 20 s 12 Fire engineering design briefs s 28 ins 2000 SL No. 186 s 8 amd 2001 SL No. 102 s 8; 2003 SL No. 110 s 8; 2004 SL No. 76 s 8; 2005 SL No. 105 s 11; 2006 SL No. 119 s 8; 2007 SL No. 121 s 8; 2008 SL No. 20 s 13 Fee for inspection of required special fire service for temporary building s 29 ins 2008 SL No. 20 s 14 Fee for inspection of special fire service for approving BCA classification change s 30 ins 2008 SL No. 20 s 14 SCHEDULE 1—MATTERS IN RESPECT OF WHICH INFORMATION MAY BE REQUIRED IN APPROVED FORMS Application to be issued a certificate of compliance under section 104I of the Fire Service Act s 1 prov hdg amd 1993 SL No. 200 s 9 Objection under section 104L of the Fire Service Act s 2 prov hdg amd 1993 SL No. 200 s 9 SCHEDULE 2—PERCENTAGES FOR CALCULATING SPECIAL FIRE SERVICE FEES sub 1995 SL No. 173 s 8; 1996 SL No. 134 s 7; 1997 SL No. 139 s 11; 1998 SL No. 183 s 6; 1999 SL No. 101 s 6; 2000 SL No. 186 s 9

31 Building Fire Safety Regulation 1991 SCHEDULE 3—FEES sub 1995 SL No. 173 s 8; 1996 SL No. 134 s 7; 1997 SL No. 139 s 11; 1998 SL No. 183 s 6; 1999 SL No. 101 s 6 amd 2000 SL No. 186 s 10; 2001 SL No. 102 s 9; 2003 SL No. 110 s 9; 2004 SL No. 76 s 9; 2005 SL No. 105 s 12; 2006 SL No 119 s 9; 2007 SL No. 121 s 9 sub 2008 SL No. 20 s 15 © State of Queensland 2008