Essential safety measures, often shortened to ESMs, are the quiet systems that only matter on the worst day. They are also one of the most common reasons a "simple" fitout ends up needing a building permit, and one of the most common reasons a building owner gets a compliance notice. Here is what owners and tenants need to know.
What counts as an essential safety measure?
Essential safety measures include the fire safety and egress features a building needs to keep occupants safe. Common examples include:
- Fire sprinkler systems, fire hydrants and fire hose reels
- Smoke detection and alarm systems
- Exit signs and emergency lighting
- Fire doors, fire-rated walls and smoke doors
- Paths of travel to exits, exit doors and stairs
- Mechanical smoke control and air handling systems that operate in a fire
- Portable fire extinguishers and fire blankets
The list that applies to your building is set out on the occupancy permit or maintenance determination issued by the building surveyor.
Who is responsible?
The building owner is responsible for making sure every essential safety measure is maintained so it operates satisfactorily. Owners must also prepare an annual essential safety measures report, keep maintenance records, and make them available on request to the municipal building surveyor or the fire brigade.
Tenants carry obligations too. Most leases require tenants not to obstruct exits or interfere with fire services, and many pass ESM costs through as outgoings. For retail leases, essential safety measure costs can only be recovered from the tenant where the lease and disclosure statement allow it.
How does a fitout affect essential safety measures?
This is where fitouts and ESMs collide. Under Schedule 3 of the Building Regulations 2018, alterations are only exempt from a building permit if they are not work on, and will not adversely affect, an essential safety measure. In practice, these fitout items commonly touch ESMs:
- New walls that shadow sprinkler heads or block exit signs
- Ceilings that change sprinkler or detector coverage
- Relocating doors on the path of travel
- Penetrations through fire-rated walls for data, plumbing or ductwork
- Changes to air handling that is part of smoke control
Each of these needs a building surveyor's assessment, a permit and, at the end, updated ESM records so the owner's maintenance schedule matches what was built.
What should a fitout handover include for ESMs?
At the end of a fitout, the owner or property manager should receive enough information to keep the building's ESM records accurate. We recommend asking for:
- Certificates for any new or altered fire services
- Fire-stopping and penetration records, ideally with photos
- As-built drawings showing sprinkler, detector, exit sign and emergency lighting locations
- The occupancy permit or certificate of final inspection, and any updated maintenance determination
- Contact details for the contractors who installed or altered each system
What are the risks of getting it wrong?
Poorly maintained ESMs put lives at risk. They can also lead to building notices or orders, fines, insurance difficulties and disputes between landlords and tenants. A fitout that quietly disables a detector or blocks an exit becomes a problem for everyone in the building, not just the tenant.
How AxisPro helps
On every commercial fitout, we identify affected essential safety measures during design, coordinate with the building's fire services contractor, and hand over a complete record pack. That gives owners the evidence they need for their annual report and gives tenants confidence that the space was built properly.