The Building Act of 2006 and the Building Regulations part 12 stipulate that the owner of a commercial building is responsible for ensuring the maintenance and upkeep of the Essential Safety Measures that form part of the property.

Under the legislation, an Essential Safety Measures maintenance program includes inspection reports on the traditional fire-fighting equipment, fire resistant structures, exit doors and correct locking devices, discharge from exits, paths of travel, exit signs and emergency lighting, smoke control, ventilation and air conditioning units.

In accordance with the legislation and maintenance checks, property owners are also required to provide a signed annual ESM Report showing that they have fulfilled all obligations in relation to complying with the safety measures regulations and
standards.

Fire Officers and the Municipal Building Surveyors are the authorities responsible to ensure public safety and as such are responsible for enforcing penalties as determined under the Building Act. This obligation includes the conduct of regular, random audits on commercial properties across Victoria.

Non-compliance may result in an infringement notice being issued by Council or the Fire Authority with a fine over $280 and furthermore, non-compliance may result in prosecution in which a fine may be imposed of over $1,400 under the Regulations, or of over $17,000 for an individual or over $86,000 for companies for each breach. More importantly, non-compliance could place not only building occupants at risk but also those of passers-by and the occupants of adjoining buildings. Common infringement
examples include:

• Fire extinguishers not tagged as being serviced in the last 6 months.
• Exit lights with no log book on site showing completed 90 minute, 6 monthly test results.

It is now good practice for many commercial property lease agreements to stipulate that Essential Safety Measures are properly located and maintained at a level that provides correct operation in an emergency.