General Fire Regulations 2021 (Tas)

General Fire Regulations 2021

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council and on the recommendation of the State Fire Commission, make the following regulations under section 133 of the Fire Service Act 1979 .

12 July 2021

B. BAKER

Governor

By Her Excellency's Command,

J. PETRUSMA

Minister for Police, Fire and Emergency Management

PART 1 - Preliminary

1. Short title These regulations may be cited as the General Fire Regulations 2021 .

2. Commencement These regulations take effect on the day on which their making is notified in the Gazette.

3. Interpretation (1) In these regulations – Act means the Fire Service Act 1979 ; approved means approved by the Chief Officer; authorised person has the same meaning as in section 48 of the Act; building controls means – (a) the Building Act 2016 (including the Building Regulations); and (b) any other law of the State that imposes requirements relating to the fire safety of buildings; and (c) the NCC; Building Regulations means regulations made under the Building Act 2016 ; deemed registration means an entitlement to automatic deemed registration, within the meaning of the Mutual Recognition Act 1992 of the Commonwealth; essential service means a fire protection device or feature, including any fire protection device or feature listed in Schedule 1 ; exit includes – (a) the path of travel to the exit; and (b) the path of travel from the exit to a public road or open space; fire evacuation plan means a fire evacuation plan that has in-principle or final approval under Division 2 of Part 3 ; fire protection equipment means any of the following: (a) a fire extinguisher; (b) a fire hose reel; (c) a fire blanket; (d) a fire protection system; fire protection system means any of the following: (a) an automatic fire detection and alarm system; (b) an automatic fire sprinkler system; (c) an automatic smoke detection and alarm system; (d) a fire-extinguishing system; (e) a fire hydrant system; (f) a mechanical smoke management system; (g) a smoke alarm system connected to a monitored security system (other than a smoke alarm system in a Class 1a building); (h) a smoke detection system; (i) a sound system and intercom system for emergency purposes; NCC means the National Construction Code series published by the Australian Building Codes Board, as amended or substituted from time to time; notify means give notice in writing; permit means a permit – (a) issued and in force in accordance with regulation 8 ; or (b) taken to be held by a person in accordance with regulation 7A ; practice evacuation means a practice evacuation under regulation 23 , 24 or 25 ; prescribed building – see regulation 4 ; relevant competence, in relation to a restricted activity, means qualifications, training, expertise or experience in that restricted activity; required exit, of a building, means an exit that is required by any building controls to be installed in the building; restricted activity means the installation, routine service or repair of fire protection equipment; routine service has the same meaning as in AS 1851, and routinely service has a corresponding meaning; specified building – see regulation 5 ; test, of fire protection equipment, includes any inspection done in connection with the test. (2) An expression used in these regulations and defined in the NCC has the same meaning in these regulations as in that code. (3) An expression used in these regulations and defined in the Building Act 2016 or the Building Regulations has the same meaning in these regulations as in that Act, or in the Building Regulations, respectively. (4) For the purpose of subregulations (2) and (3) , if there is any inconsistency between a definition in the NCC and a definition in the Building Act 2016 or the Building Regulations, the definition in the NCC prevails. (5) A standard, rule, code or specification adopted by these regulations – (a) forms part of these regulations subject to any modification expressed in the regulation adopting the standard, rule, code or specification; and (b) applies only in respect of any regulation that refers to it, unless otherwise stated; and (c) is to be interpreted so as to give effect to the intent of these regulations. (6) In these regulations – (a) a reference to a standard as "AS" followed by a number is a reference to the standard of that number published by Standards Australia, as set out in Schedule 2 ; and (b) a reference to a standard includes a reference to that standard as amended and in force for the time being and a standard published in substitution for that standard.