5. Essential safety measures (ESMs) ​

Purpose ​

This chapter is intended to assist parishes to understand and manage their legal obligations in relation to the safety measures in buildings of which they are beneficial owners.

Essential safety measures (ESMs) are mandatory safety requirements in buildings.

The following is a general guide only. Parishes may require specific advice with respect to the ESMs required in parish buildings. The Archdiocese’s Property and Infrastructure Office can assist parishes who need specific advice.

Background ​

The Building Regulations 2018 (Vic.) (‘the Regulations’) establish duties on building owners regarding the installation and maintenance of ESMs in buildings. The types of ESMs required will depend upon the age and type of the building.

It is the parish’s responsibility, as the beneficial owner of parish buildings, to ensure that required ESMs are installed, maintained and audited, and that maintenance and inspection records are available for review. Compliance with the Regulations promotes the safety of the users of parish buildings. Penalties apply to building owners who fail to meet their ESM obligations.

Buildings covered by the Regulations ​

The types of buildings covered under the Regulations include:

• Class 1b —boarding house, guest house or hostel up to, but not greater than, 300m2 in area
• Class 3 —boarding house, guest house or hostel greater than 300 m2 in area, including dormitory-style accommodation or workers’ quarters
• Class 7 —storage-type buildings, including carparks (7a) and warehouses or storage facilities (7b)
• Class 9 —buildings of a public nature, including hospitals and health-care buildings, assembly buildings for mixed purposes, churches, schools, universities and childcare centres, residential care buildings and places where 10% or more of the residents need physical assistance in conducting daily activities or exercising.

Most parish buildings will fall within Class 9. The Regulations also apply to places of public entertainment.

The maintenance of ESMs will ensure that important safety systems within a building remain at the required operational level throughout the life of the building. The type of maintenance needed depends on the complexity of the safety measures and type of equipment installed.

A parish’s obligations will depend on when the building was constructed or substantially altered before or after 1 July 1994.

Types of ESMs ​

The following are ESMs that may typically be required in parish buildings covered by the Regulations, such as churches and schools:

The ESMs listed above are examples taken from the Regulations and are not an exhaustive list. Parishes should refer to the ESM list that forms part of the latest certificate of final inspection or occupancy permit for each building in order to determine the specific ESMs required in that building.

How to determine whether ESMs apply to a parish building ​

Buildings constructed before 1 July 1994 and not altered ​

A building constructed before 1 July 1994 that has not been substantially modified or renovated since that date may not have any ESMs prescribed for it. The parish should ensure that any safety features of the building are maintained so that they can fulfill their purpose. For example, if the building contains a fire escape, the parish should ensure that it is operable and that access to and egress from it are clear.

There may have been a building order, emergency order, a determination of ESMs or a maintenance determination made with respect to the building. This will set out the ESMs that apply to the building. If you are uncertain as to whether such an order or determination has been made with respect to a parish building, contact the building department at your local council.

For buildings constructed before 1 July 1994 where there is no occupancy permit, the parish may apply to a municipal or private building surveyor for a determination of ESMs for any parish building falling within the building classes listed under ‘Buildings covered by the Regulations’ above.

Buildings constructed or altered since 1 July 1994 ​

For buildings constructed or substantially altered or renovated after 1 July 1994, ESMs may be set out in the occupancy permit, a building order, an emergency order or a maintenance determination made with respect to the building. If you do not have the occupancy permit for a parish building and are unsure as to whether another order has been made with respect to the building, contact the building department at your local council.

Maintenance schedules ​

For buildings with an occupancy permit that requires ESMs, or for buildings that are the subject of a maintenance determination, the relevant building surveyor must prepare a maintenance schedule. The maintenance schedule can be found on the occupancy permit or accompanying a maintenance determination.

The parish may apply for a maintenance schedule if it does not have one. This may be convenient where a range of records exist over the life of a building and the parish wishes to have a consolidated list of ESMs for the building as a single point of reference.

If a parish building requires ESMs but you do not have a maintenance schedule, contact the building department at your local council.

Parish’s obligations for buildings where ESMs are required ​

For buildings constructed before 1 July 1994, an occupancy permit may not be available. Owners are required to ensure that any safety equipment, fittings and safety measures installed are maintained such that they are fit for purpose. The safety equipment, fittings and safety measures required to be maintained are generally those installed in accordance with standards and regulations in force at the time of construction.

The Regulations create a number of mandatory obligations for building owners regarding inspection and maintenance of ESMs. The following outlines each regulation relevant to parishes:

• The owner of a building must ensure that any ESM required to be provided is maintained in a state that enables the ESM to fulfill its purpose.
• Owners must comply with annual reporting obligations. These reports are to be prepared in a prescribed form and are commonly referred to as an annual ESM report or AESMR.
• Owners are also required to keep and maintain records of previous AESMRs for up to 10 years.
• Owners must not remove an ESM from its approved location, except for inspection, testing or maintenance.

Any contravention of the above actions may result in the imposition of a fine of up to 20 penalty units (currently $3,700) per contravention.

A building owner must ensure that the following are accessible, functional and clear of obstructions so that egress from the building or place is maintained:

• all exits in the building
• any paths of travel to exits in the building
• any paths of travel on the allotment from exits in the building or place to a road.

Parish’s responsibility as beneficial owner ​

These obligations rest with the parish as the beneficial owner of parish buildings, despite the Roman Catholic Trusts Corporation for the Diocese of Melbourne being the legal owner of the land, and regardless of whether the parish buildings are occupied by others under a lease or license arrangement.

MACS Ltd responsibility for buildings covered by RULBA ​

Where parish buildings are subject to a Right to Use Land and Buildings Agreement (RULBA) between the Archdiocese, the parish and Melbourne Archdiocese Catholic Schools Limited (MACS), MACS is responsible for the compliance with the ESM laws.

In some RULBA arrangements, there may be areas that are designed as ‘common areas’. The RUBLA will confirm whether common areas are the responsibility of MACS or the parish.

MACS is responsible for ESMs in school-facility common areas, even when these areas are used by the parish or third parties from time to time.

The parish is responsible for ESMs in owner-facility common areas, even where these are used by the school or third parties from time to time.

Inspection and maintenance of ESMs ​

The parish should be confident that ESMs in parish buildings will operate when and as required.

Parishes with buildings that have ESMs must carry out an AESMR. The Archdiocese will assist parishes by engaging an ESM auditor to prepare the AESMR. Each parish will bear the cost of the AESMR.

Inspections to be performed by parishes ​

While maintenance determinations and AESMRs are to be carried out by qualified professionals, parishes should inspect and maintain the following as a matter of good practice:

• Fire doors: egress through fire doors should be possible. Parishes should check fire doors at least once every six months, or more regularly if there is a risk of the fire door being obstructed. However, testing of the fire door itself should be done by a qualified ESM auditor
• Exits, and paths of travel to exits: these should be inspected at least once every three months to ensure that they remain unobstructed
• Portable fire extinguishers, fire blankets and fire hose reels: these should be inspected at least once every six months. The equipment should also be checked annually as part of the AESMR
• Illuminated exit signs and emergency lighting: these should be checked at least once every six months to ensure that they are operating.

Other matters ​

• Older Fluorescent light fittings (manufactured prior to 1980) and ceiling fans (manufactured prior to 1990) may contain polychlorinated biphenyls (PCBs). PCBs are known carcinogens, although the risks are generally only elevated when exposure to high concentrations occurs, such as in the servicing of large equipment. Regulations are in place to control their storage, handling and disposal.
• PCBs have been known to leak from the capacitor into the light or fan fitting. It is therefore important that samples of the light fittings and fans are inspected by electrical contractors, and that the contractors are made aware of the potential exposure when performing such maintenance.
• Whenever upgrade or replacement of the lights is being considered, the appropriate disposal of any PCB material must be in accordance with approved procedures. Parishes should ensure that this work is overseen and carried out by competent, experienced professionals.

A series of checklist templates are provided to assist parishes in maintaining registers of maintenance inspection.