Essential Safety Provisions (ESP)

Essential Safety Provisions (ESPs) are fire safety items, provided to assist in protecting occupants and property in the event of an emergency such as a fire. These include provisions such as fire extinguishers, non-flammable linings, exit doors and emergency lighting. 

When assessing a Development Application against the National Construction Code, the relevant authority (Council or a private certifier) determines the fire safety equipment/provisions required to be installed on the property.

ESP requirements for a building are set as follows:

• Form 1: Schedule of ESPs to be installed in the building, specifying installation and maintenance standards.
• Form 2: To be completed by the installer of each item (such as the builder), then returned to Council.
• Form 3: If applicable to the building, must be completed and returned to council annually.

Refer to previous Development Approval documents if you have them, or you may ask Council if they have any previous approval records.

You may be required to engage a suitably qualified fire contractor or Building Certifier to determine what equipment is required for your building in certain circumstances.

A Form 3 is a document required to be returned to Council within 60 business days after the end of each calendar year, verifying that all required ESPs have been tested and maintained for the previous year.

The Form 3 lists all applicable ESPs and their relevant maintenance standards.

Form 3s are only required for high-risk buildings, such as:

• All Class 2 buildings;
• Class 3, 4, 5, 6, 7, 8, or 9b buildings which exceed three storeys or 500m2; or
• Class 9a or 9c buildings of any size; or
• The relevant authority has requested a Form 3 due to there being a performance solution; or
• The building has been subject to a fire safety defect notice.

A Form 3 is attached to a building forever (vacant or otherwise) until it’s either demolished or the Form 3 is replaced by a new one.

If you are unsure what classification your building is or whether it requires a Form 3, please contact Council and we can confirm whether a Form 3 return is required.

Owners of buildings that are not required to provide a Form 3 to Council annually must still maintain all required ESPs.

As of March 2021, Form 3s must be in the prescribed format. The Form 3 must be signed by both the maintenance contractor and the building owner/manager. The maintenance contractor may list any defects outstanding at the time of submission.

If several different parties are performing the routine maintenance of the ESPs in a building, each party must submit a Form 3 for their part of the work. This may include a fire technician, mechanical contractor, lift contractor, electrician or the building owner/tenant if they are performing some of the maintenance themselves.

Note: Council provides building owners with Form 3s already pre-filled with the information specific to their building (including the list of required ESPs in Table 3.1). Council can also provide an electronic copy for completion by maintenance contractors upon request.

To complete a Form 3:

1. Confirm that the reference information on the first page is correct.
2. The person performing the maintenance fills Table 3.1 with the ESPs they are maintaining. Alternatively, if it has already been filled out by council with all ESPs applicable to the building, the person performing the maintenance strikes out any that they are not responsible for.
3. The person performing the maintenance selects an option in the ‘maintenance verification’ box on the first page. Any outstanding defects should be listed in Table 3.2.
4. The person performing the maintenance signs the contractor section on the first page and lists their licence number, where required. If no licence is required, the competency/qualification section should be completed. Note: maintenance work being performed by someone who does not hold the required licence invalidates the Form 3.
5. The property owner/manager confirms that all ESPs have been covered and takes note of any outstanding defects requiring rectification.
6. The property owner/manager signs the owner’s verification and submits the form to us.

Form 3s must be returned within 60 business days after the end of the calendar year. If a property owner is unable to return their Form 3(s) within 60 business days after the end of the calendar year, they must obtain an extension of time to avoid a fine or other enforcement action.

It is common to have multiple Form 3s for one property and practically it makes little difference when it comes to undertaking maintenance of ESPs. Form 3s relate to Development Approvals rather than buildings specifically, therefore if your building was built in multiple stages, you will likely have multiple Form 3s.

It is possible to request that Council or a Building Certifier consolidate all ESPs for a building onto a single Form 3 to make annual returns easier. You may have to provide plans and details relating to the fire services on site.

Under the Planning, Development and Infrastructure (General) Regulations 2017, the responsibility and liability of building fire safety ultimately falls on the property owner. Whilst owners and tenants might have lease agreements in place regarding the maintenance of the fire safety equipment on the property, the owner will always be legislatively responsible.

While we have previously provided annual reminders at no cost to the property owner, we cannot guarantee that this service will be provided indefinitely. We therefore strongly recommend that property owners retain this information and set themselves an annual reminder.

All ESPs which are specified on the Form 1 Schedule of ESPs, must be installed as per the approved plans and conditions of approval. The ESPs required for a property have been determined by a qualified person who has assessed the development against the National Construction Code. Council cannot accept a Form 3 which is incomplete, missing items, or has had items crossed out.

If you identify some ESPs which are not present on your property but have been issued with a Development Approval, your best course of action is to install them in accordance with the approved plans without delay. Alternatively, you may engage a person qualified in fire engineering or building certification to assist you in determining whether an ESP can be removed from the Schedule. Council can help you locate plans if required.

Please contact the relevant authority who issued the Building Rules Consent for the Development Application you wish to amend (either Council or a Building Certifier) to discuss amending the ESP Schedule. You will likely need to provide plans and documents to do this. Please note, a new fire upgrade application may be required.

Most ESPs can be inspected by a fire technician.

Council recommends that property owners search online or in the yellow pages for ‘fire testing and maintenance’. Note that some ESPs require the technician to hold a specific licence to be able to perform the routine maintenance (hydrants, hose reels and sprinklers).

Some ESPs may also be maintained by other people including:

• Lift technicians
• Mechanical/air conditioning technicians
• Electricians
• Builders/surveyors/architects
• Property owners/tenants

Council recognises that ESPs can be complex at times, and is always available to provide information and guidance to assist you if required. The safety of the community is of the upmost importance to Council, consequently attaining compliance is critical. ESPs are not simply red tape – they are a critical (and effective) means of ensuring the safety of a building, its occupants and fire fighters.

Council will always first provide you with the opportunity to rectify a deficiency, however if you fail to do so Council may eventually determine that the only remaining course of action is to expiate and/or commence legal action against the property owner. Council may then seek to either revoke the Certificate of Occupancy for the building (meaning it may not be occupied anymore) or refer the matter to the Council’s Building Fire Safety Committee.

Additionally, failure to meet ESP obligations can void insurance and open owners up to serious litigation in the event of a fire.

Please note: Non-compliance can also result in a maximum penalty of $10,000 and or an expiation fee of $750.