Fire Safety and Evacuation of Buildings Regulations 2006

Reprint
as at 1 July 2013

Coat of Arms of New Zealand

Fire Safety and Evacuation of Buildings Regulations 2006

(SR 2006/123)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 15th day of May 2006

Present:
Her Excellency the Governor-General in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Department of Internal Affairs.


Pursuant to section 92(1) and (2) of the Fire Service Act 1975, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Contents

1 Title

2 Commencement

3 Interpretation

Part 1
Fire safety for buildings described in Schedule 1

Means of escape from fire for building

4 Owner of building must maintain means of escape from fire for building

5 Flammable cleaning liquid and flammable material not to be stored near or in means of escape from fire for building

Evacuation of building

6 Owner of building must provide evacuation procedure

7 Tenants of building must follow evacuation procedure

8 Owners or tenants of certain buildings must have employees trained to assist occupants to evacuate

Appliances

9 Appliances

Open flames

10 Control of open flames

Packing and unpacking of goods

11 Packing and unpacking of goods

Storage of certain materials

12 Storage of certain materials inside and outside buildings

Firefighting equipment for use by building's occupants

13 Firefighting equipment for use by building's occupants

Offences

14 Offences

Part 2
Evacuation schemes for buildings described in section 21A(1) of Act

Prescribed matters (other than forms)

15 Minimum amounts of hazardous substances prescribed

16 Automatic sprinkler systems prescribed

Evacuation schemes

17 General matters to be included in evacuation scheme

18 Matters to be included in evacuation scheme in relation to persons with disability

19 Matters to be included in evacuation scheme for certain buildings with automatic sprinkler systems

Applications for approval of evacuation scheme

20 Applications for approval of evacuation scheme for new building

21 Applications for approval of evacuation scheme for existing building

22 Prescribed form for voluntary application for approval of evacuation scheme

23 National Commander must decide whether to approve application no later than 20 working days after its receipt

Notification for building for which no evacuation scheme required

24 Prescribed form of notification for building for which no evacuation scheme required

Revocation

25 Revocation

Schedule 1
Buildings to which Part 1 applies

Schedule 2
Minimum amounts of hazardous substances for purposes of section 21A(1)(d) of Act

Schedule 3
Requirements relating to evacuation schemes

Schedule 4
Forms


Regulations

1 Title
  • These regulations are the Fire Safety and Evacuation of Buildings Regulations 2006.

2 Commencement
  • These regulations come into force on 1 October 2006.

3 Interpretation
  • (1) In these regulations, unless the context otherwise requires,—

    Act means the Fire Service Act 1975

    AS/NZS means joint Australian and New Zealand Standard

    building,—

    • (a) for the purposes of Part 1, means a building or part of a building that is described in Schedule 1; and

    • (b) for the purposes of Part 2,—

      • (i) means a relevant building as defined in section 21A(1) of the Act; but

      • (ii) does not include a relevant building defined in that section that satisfies the requirements of section 21B(2) and (3) of the Act

    building code means,—

    • (b) after their revocation, the regulations made under section 400 of the Building Act 2004

    evacuation scheme means an evacuation scheme—

    • (a) that is required under section 21B of the Act; and

    • (b) that complies with Part 2 of these regulations

    flammable material includes any materials contaminated with substances that are capable of initiating spontaneous ignition

    NZS means New Zealand Standard

    occupant, in relation to a building, includes any person lawfully entitled to be in the building (for example, a visitor)

    owner, in relation to a building, means—

    • (a) the person for the time being entitled to receive the rack rent for the building; or

    • (b) the person who would be entitled to receive the rack rent for the building if the building were let at a rack rent

    person with a disability

    • (a) means a person—

      • (i) who has an impairment or a combination of impairments that limits the extent to which the person can engage in the activities, pursuits, and processes of everyday life, including, without limitation, any of the following:

        • (A) a physical, sensory, neurological, or intellectual impairment:

        • (B) a mental illness; and

      • (ii) who is unable to sense or understand a fire alarm or leave a building, during a fire emergency, in a way that a person without the same disability would be capable of doing; and

    • (b) includes any person who considers that he or she would be unable to leave a building during a fire emergency by using its means of escape from fire

    tenant, in relation to a building, means a person who pays rent to the owner of the building, whether as a party to a tenancy agreement, lease, or other contractual arrangement.

    (2) A term or expression used in these regulations that is defined in the Act and used, but not defined, in these regulations has the same meaning as in the Act.

Part 1
Fire safety for buildings described in Schedule 1

Means of escape from fire for building

4 Owner of building must maintain means of escape from fire for building
  • The owner of a building must maintain the means of escape from fire for the building so as to ensure that—

    • (a) they are kept clear of obstacles at all times; and

    • (b) their exit doors are not locked, barred, or blocked so as to prevent any of the building's occupants from leaving the building; and

    • (c) their smoke-control and fire-stop doors are not kept open otherwise than in a way that complies with the building code; and

    • (d) their stairwells and passageways are not used for storage or accumulation of waste.

5 Flammable cleaning liquid and flammable material not to be stored near or in means of escape from fire for building
  • Flammable cleaning liquid or flammable material in a building—

    • (a) must be stored in non-combustible containers with close-fitting lids; and

    • (b) must not be stored near or in the means of escape from fire for the building.

Evacuation of building

6 Owner of building must provide evacuation procedure
  • (1) The owner of a building must have a procedure in place (evacuation procedure) for the safe, prompt, and efficient evacuation of the building's occupants in the event of a fire emergency requiring evacuation.

    (2) The procedure must provide for the occupants to be evacuated to a place or places of safety so that all the building's occupants can be accounted for.

    (3) The owner of a building must ensure that information about the evacuation procedure is readily available to the building's occupants, including information about—

    • (a) the routes of travel to the place or places of safety for the building; and

    • (b) the fire alarm signals used or available for use by the occupants; and

    • (c) any firefighting equipment available for use by the occupants.

    (4) The owner of a building must erect signs and notices at appropriate places in the building that clearly indicate the evacuation procedure for the building.

    (5) This regulation does not apply if the owner of a building has an evacuation scheme for the building that has been approved under section 21C of the Act.

7 Tenants of building must follow evacuation procedure
  • Every tenant of a building must, in a fire emergency requiring evacuation of the building,—

    • (a) follow the evacuation procedure provided by the owner of the building under regulation 6; and

    • (b) ensure that every person who uses or occupies floor space of the tenant (whether as a party to a tenancy agreement, lease, sublease, or other contractual arrangement) follows that procedure.

8 Owners or tenants of certain buildings must have employees trained to assist occupants to evacuate
  • (1) Subclause (2) applies to a building described in paragraphs (d), (e), (j), (m), or (n) of Schedule 1.

    (2) The occupants of a building who are employees of the owner of the building or, if the building is tenanted, the occupants of the building who are employees of the tenant, must be trained to assist any other occupants of the building to evacuate the building, in a fire emergency requiring evacuation, in accordance with the evacuation procedure for the building.

Appliances

9 Appliances
  • (1) The owner and the occupants of a building must take reasonable fire prevention precautions in relation to—

    • (a) electrical wiring, equipment, and appliances, including portable electrical equipment and appliances; and

    • (b) gas reticulation systems, equipment, and appliances, including portable gas reticulation equipment and appliances; and

    • (c) equipment and appliances fuelled by flammable liquids (for example, kerosene), including portable equipment and appliances.

    (2) Any appliance that gives an open flame or is fuelled by a flammable liquid or gas must not be used in a building unless the appliance is constructed, secured, and protected in a manner that minimises the risk of fire to the building and its contents.

Open flames

10 Control of open flames
  • (1) No fire may be lit in a building other than in—

    • (a) a fireplace that complies, at the time of its construction, with the building code and any bylaw or other relevant legal requirement; or

    • (b) an appliance maintained in proper repair.

    (2) No chimney may be used for a smithy, furnace, foundry, or other similar use unless the chimney—

    • (a) is constructed for the purpose; and

    • (b) complies, at the time of its construction, with the building code and any bylaw or other relevant legal requirement; and

    • (c) is properly maintained.

    (3) For the purposes of subclause (2), chimney includes any flue, vent, or stove pipe installed or provided to allow the escape of smoke, fumes, heat, and other products of combustion.

Packing and unpacking of goods

11 Packing and unpacking of goods
  • (1) The packing or unpacking of goods packaged in straw, paper, wood-wool, or other flammable material may be undertaken in a building only in places—

    • (a) where the public is not permitted; and

    • (b) that are not directly connected to any stairway, liftwell, or other opening between floors that is not protected against the spread of fire, smoke, or fumes; and

    • (c) in which there is no lighting or heating device that could be used in a manner that could cause the packaging to ignite; and

    • (d) where smoking is not permitted.

    (2) Flammable packaging materials used in a building must be kept, outside of working hours,—

    • (a) away from the building; or

    • (b) in non-combustible containers with close-fitting lids in the building; or

Storage of certain materials

12 Storage of certain materials inside and outside buildings
  • (1) If a building is used or mostly used for the storage of 1 or more of the materials described in subclause (3), the building must be located in such a position that any fire in it cannot spread to any nearby building or to any road or other public place.

    (2) If a part of a building is used or mostly used for the storage of 1 or more of the materials described in subclause (3), it must be protected in such a way that any fire cannot spread to the rest of the building or any nearby building or to any road or other public place.

    (3) No materials of the following type may be stored outside a building in a way that creates a fire hazard to the building, another building, or to any road or other public place:

    • (a) timber:

    • (b) firewood, or other wooden materials:

    • (c) hay, straw, or other dry plant cuttings:

    • (d) flammable packaging materials:

    • (e) waste of a type that is likely to burn if lit:

    • (f) any other flammable material.

    (4) Paragraphs (b), (c), and (d) of regulation 11(1) apply, with all necessary modifications, to a building to which this regulation applies.

Firefighting equipment for use by building's occupants

13 Firefighting equipment for use by building's occupants
  • (1) Any hand-held hose reel or other similar device installed in a building for firefighting by the building's occupants must be maintained under NZS 4503:2005—Hand operated fire-fighting equipment.

    (2) The National Commander may require an owner or a tenant of a building to install (at specified locations in the building) and maintain portable fire extinguishers—

    • (b) if there is no code of practice, as the National Commander determines.

Offences

14 Offences
  • Every person who breaches a provision of this Part commits an offence and is liable on conviction—

    • (a) to a fine not exceeding $200; and

    • (b) if the offence is a continuing offence, to a further fine not exceeding $20 for each day or part of a day that the offence continues.

    Regulation 14: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Part 2
Evacuation schemes for buildings described in section 21A(1) of Act

Prescribed matters (other than forms)

15 Minimum amounts of hazardous substances prescribed
  • The quantities of hazardous substances specified in Schedule 2 are the minimum amounts for the purposes of section 21A(1)(d) of the Act.

16 Automatic sprinkler systems prescribed
  • (1) For the purposes of section 21B of the Act, an automatic sprinkler system is a system that—

    • (a) satisfies sections 105 and 108 of the Building Act 2004 (in relation to the sprinkler system); and

    • (b) is appropriate to the use and occupancy of the building; and

    • (c) complies with subclause (2).

    (2) A sprinkler system must comply, at the time that it was installed, with one of the following standards:

    • (a) NZS 4541:2007—Automatic fire sprinkler systems:

    • (b) NZS 4515:2003—Fire sprinkler systems for residential occupancies:

    • (c) NZS 4517:2002—Fire sprinkler systems for houses.

    Regulation 16(2)(a): amended, on 6 November 2008, by regulation 4 of the Fire Safety and Evacuation of Buildings Amendment Regulations 2008 (SR 2008/382).

Evacuation schemes

17 General matters to be included in evacuation scheme
  • An evacuation scheme for a building must—

    • (a) designate 1 or more places of safety—

      • (i) inside or outside the building, if the building has an automatic sprinkler system; or

      • (ii) outside the building, in any other case; and

    • (b) specify how the building's occupants are alerted to a fire emergency in the building; and

    • (c) specify how the building's occupants are informed of—

      • (i) the measures they should take for their personal safety, once alerted to a fire emergency; and

      • (ii) the need, if necessary, to evacuate to the place or places of safety for the building; and

      • (iii) where the place of safety is or the places of safety are and the fastest way to get to it or them; and

    • (d) include a list of any firefighting equipment available for use by the building's occupants in a fire emergency and the location of the equipment; and

    • (e) include a requirement that an appropriate number of signs and notices be erected in the building, at the routes of travel to the place or places of safety for the building, displaying the information set out in clause 1 of Schedule 3; and

    • (f) include a requirement that the owner of the building notify the National Commander, in writing, if 1 or more of the events set out in clause 8 of Schedule 3 occurs; and

    • (g) include a requirement that trial evacuations of the building be undertaken in the manner set out in clauses 2 to 4 of Schedule 3, if the building is a building used—

      • (i) for the purposes of providing early childhood facilities (other than in a household unit); or

      • (ii) as an educational institution; and

    • (h) for any other building, include a requirement that either—

      • (i) trial evacuations of the building be undertaken in the manner set out in clauses 2 to 4 of Schedule 3; or

      • (ii) the owner of the building prepare and implement an evacuation training programme in the manner set out in clauses 5 to 7 of Schedule 3.

18 Matters to be included in evacuation scheme in relation to persons with disability
  • An evacuation scheme for a building must—

    • (a) designate 1 or more places in the building where persons with a disability are to gather if, in a fire emergency requiring evacuation, they are unable to evacuate the building using its means of escape from fire; and

    • (b) specify how, in a fire emergency, the building's occupants and the attending firefighters are notified of the place or places; and

    • (c) specify how, in a fire emergency, the attending firefighters are notified of whether there are any people at the place or places; and

    • (d) include details of any equipment available for assisting occupants who are persons with a disability to evacuate the building in a fire emergency and how people are trained in its use.

19 Matters to be included in evacuation scheme for certain buildings with automatic sprinkler systems
  • (1) This regulation applies to a building that has—

    • (a) an automatic sprinkler system; and

    • (b) an evacuation scheme that is designed to enable evacuation in a fire emergency to a place or places of safety inside the building.

    (2) The evacuation scheme for the building must—

    • (a) require certain persons specified in the scheme (whether by name or position held) to remain, in a fire emergency, with the building's occupants at the place or places of safety inside the building; and

    • (b) require the building's occupants, in a fire emergency, to be evacuated from the place or places of safety inside the building to a place or places of safety outside the building if directed to do so by a member of the Fire Service or a person referred to in paragraph (a).

Applications for approval of evacuation scheme

20 Applications for approval of evacuation scheme for new building
  • (1) An application under section 21C of the Act for a new building must be made no later than 30 days after the earlier of—

    • (a) the date on which a building code compliance certificate is issued for the building under the Building Act 2004:

    • (b) the date on which the building is first lawfully occupied.

    (2) An application must be in form 1 of Schedule 4.

21 Applications for approval of evacuation scheme for existing building
  • (1) An application under section 21C of the Act for an existing building must be made no later than 6 months after the commencement of these regulations.

    (2) An application must be in form 1 of Schedule 4.

    (3) This regulation does not apply to an existing building to which section 21I of the Act applies.

22 Prescribed form for voluntary application for approval of evacuation scheme
23 National Commander must decide whether to approve application no later than 20 working days after its receipt
  • (1) The National Commander must decide whether to approve an evacuation scheme under section 21C of the Act no later than 20 working days after receiving the application.

    (2) However, the period in which the National Commander must make a decision may be extended once only, by no more than 10 working days, if—

    • (a) the National Commander requires further information from the applicant or any other person in relation to the application; or

    • (b) a trial evacuation is carried out in relation to the building concerned and the evacuation is observed by the National Commander.

    (3) If the evacuation scheme is not approved, the National Commander must notify the applicant, in writing,—

    • (a) of his or her reasons for not approving the scheme; and

    • (b) of the amendments to the scheme the owner of the building concerned is required to make so that the application may be approved; and

    • (c) that the owner must reapply for approval of an amended scheme no later than 20 working days after the owner receives the notice.

    (4) An amendment required by the National Commander under subclause (3)(b)—

    • (a) must be an amendment to the scheme, not a modification of the building; and

    • (b) must not require the building to meet performance criteria that exceed the requirements of the building code.

Notification for building for which no evacuation scheme required

24 Prescribed form of notification for building for which no evacuation scheme required

Revocation

25 Revocation
  • The Fire Safety and Evacuation of Buildings Regulations 1992 (SR 1992/361) are revoked.


Schedule 1
Buildings to which Part 1 applies

r 3

The buildings in respect of which Part 1 applies are, without limitation, as follows:

  • (a) land, sea, and air passenger transport terminals and facilities and interchanges, whether wholly on land or otherwise:

  • (b) public toilets wherever situated:

  • (c) banks:

  • (d) childcare centres and kindergartens:

  • (e) day-care centres and facilities:

  • (f) commercial buildings and premises for business and professional purposes, including computer centres:

  • (g) central, regional, and local government offices and facilities:

  • (h) courthouses:

  • (i) police stations:

  • (j) hotels, motels, hostels, halls of residence, holiday cabins, groups of pensioner flats, boarding houses, guest houses, and other premises providing accommodation for the public:

  • (k) hospitals, whether public or private, and rest homes:

  • (l) medical and dental surgeries, and medical and paramedical and other primary health care centres:

  • (m) educational institutions, including public and private primary, intermediate, and secondary schools, universities, polytechnics, and other tertiary institutions:

  • (n) libraries, museums, art galleries, and other cultural institutions:

  • (o) churches, chapels, and other places of public worship:

  • (p) places of assembly, including auditoriums, theatres, cinemas, halls, sports stadiums, conference facilities, clubrooms, recreation centres, and swimming baths:

  • (q) shops, shopping centres, and shopping malls:

  • (r) restaurants, bars, cafeterias, and catering facilities:

  • (s) showrooms and auction rooms:

  • (t) public laundries:

  • (u) petrol and service stations:

  • (v) funeral parlours:

  • (w) television and radio stations:

  • (x) car parks, parking buildings, and parking facilities:

  • (y) factories and industrial buildings where more than 10 persons are employed:

  • (z) other buildings, premises, or facilities to which the public are to be admitted, whether for free or on payment of a charge.

Schedule 2
Minimum amounts of hazardous substances for purposes of section 21A(1)(d) of Act

r 15

Part 1
Hazardous substances classified under Hazardous Substances (Classification) Regulations 2001

Property of substance (and physical state)Hazard classification under Hazardous Substances (Classification) Regulations 2001 (SR 2001/113)Quantity
Explosive1.1A, 1.1B, 1.1C, 1.1D, 1.1E, 1.2B, 1.2C, 1.2D, 1.2E, 1.2F, 1.2G, 1.2H, 1.2I, 1.2J, 1.2K, or 1.2L5 kg
1.3C, 1.3F, 1.3G, 1.3H, 1.3J, 1.3K, or 1.3L10 kg
1.4B, 1.4C, 1.4D, 1.4E, 1.4F, 1.4G, 1.4S, 1.5D, or 1.6N20 kg
Flammable (gas)2.1.1A30 kg or 20 m3
2.1.1B100 kg or 60 m3
2.1.2A300 L
Flammable (liquid)3.1A10 L
3.1B100 L
3.1C or 3.1D1 000 L
3.2A, 3.2B, or 3.2C10 L
Flammable (solid)4.1.1A10 kg
4.1.1B100 kg
Flammable (substance)4.1.2A or 4.1.2B5 kg or 5 L
4.1.2C or 4.1.2D10 kg or 10 L
4.1.2E, 4.1.2F, or 4.1.2G20 kg or 20 L
Flammable (solid)4.1.3A, 4.1.3B, or 4.1.3C10 kg
Flammable (substance)4.2A10 kg or 10 L
4.2B100 kg or 100 L
4.2C1 000 kg or 1 000 L
Flammable (solid)4.3A10 kg
4.3B100 kg
4.3C1 000 kg
Capacity to oxidise (liquid or solid)5.1.1A5 kg
5.1.1B50 kg
5.1.1C500 kg
Capacity to oxidise (gas)5.1.2A10 kg or 10 m3
Capacity to oxidise5.2A or 5.2B1 kg or 1 L
5.2C or 5.2D5 kg or 5 L
5.2E or 5.2F10 kg or 10 L
Toxic (substance)6.1A, 6.1B, or 6.1C10 kg or 10 L
Toxic (gas)6.1A, 6.1B, or 6.1C0.5 kg or 2.5 m3
Toxic6.1D100 kg
Corrosive (substance)8.1A or 8.2A10 kg or 10 L
Corrosive (gas)8.1A or 8.2A0.5 kg or 0.25 m3
Corrosive (substance)8.2B100 kg or 100 L
Corrosive (gas)8.2B5 kg or 2.5 m3
Corrosive (substance)8.2C or 8.3A1 000 kg or 1 000 L
  • Schedule 2 Part 1 Ecotoxic: item revoked, on 6 November 2008, by regulation 5 of the Fire Safety and Evacuation of Buildings Amendment Regulations 2008 (SR 2008/382).

Part 2
Infectious and radioactive substances

Property of substanceHazardQuantity
InfectiousRisk Group 3 microorganisms as defined in AS/NZS 2243.3:2002 Safety in laboratories—Microbiological aspects and containment facilitiesAny amount
Ionizing radioactive materialCategory 1, 2, or 3 radionuclide as listed in Table 2 of Appendix 1 of International Atomic Energy Agency Safety Standards Series No RS-G-1.9 Categorization of Radioactive Sources (as at the commencement of these regulations)Any amount

Schedule 3
Requirements relating to evacuation schemes

r 17(e)–(h)

1 Signs and notices
  • A sign or notice for the purposes of regulation 17(e) must contain the following information:

    • (a) how to raise an alarm of fire:

    • (b) what to do if an alarm of fire is raised.

Trial evacuations

2 Building owner must undertake trial evacuations
  • (1) The owner of a building to which regulation 17(g) or (h)(i) applies must undertake a trial evacuation of the building's occupants at intervals of not more than 6 months.

    (2) Despite subclause (1), no person with a disability or person under control or supervision is required to take part in any trial evacuation to the extent that they must go outside the building.

    (3) Not less than 10 days before holding a trial evacuation, the building owner must notify the National Commander, in writing, of the proposed evacuation.

    (4) A notice must specify—

    • (a) the name and address of the building; and

    • (b) the date and time of the proposed evacuation; and

    • (c) the name and contact details of the person responsible for holding the proposed evacuation.

    (5) In subclause (2), person under control or supervision has the same meaning as in section 3(1) of the Corrections Act 2004.

3 Building owner must notify National Commander of result of trial evacuation
  • (1) The owner of a building to which regulation 17(g) or (h)(i) applies must notify the National Commander of the result of each trial evacuation of the building—

    • (a) in writing; and

    • (b) no later than 10 working days after the evacuation.

    (2) A notice must include—

    • (a) the name and address of the building; and

    • (b) the date and time of the evacuation; and

    • (c) the time taken to complete the evacuation; and

    • (d) whether any person was injured during the evacuation and, if so, the nature of the injuries that the person or persons sustained.

4 National Commander may require building owner to hold trial evacuation
  • (1) The National Commander may, by written notice, require the owner of a building to which regulation 17(g) or (h)(i) applies to hold a trial evacuation for the building at a specified time and on a specified date (being not less than 2 days after notice is given to the building owner).

    (2) The National Commander may act under subclause (1) only if he or she believes, on reasonable grounds, that the evacuation scheme for the building no longer complies with these regulations.

    (3) Clause 3 of this schedule applies to any trial evacuation required under this clause.

Evacuation training programmes

5 Evacuation training programmes
  • (1) The owner of a building to which regulation 17(h)(ii) applies must prepare and implement an evacuation training programme that clearly demonstrates how the permanent occupants of the building are capable of managing, in a fire emergency, an evacuation of all the occupants from the building.

    (2) Without limiting subclause (1), an evacuation training programme must include details of how the permanent occupants are trained and assessed (at intervals of not more than 6 months) in relation to—

    • (b) the use of any firefighting equipment in the building; and

    • (c) the use of any emergency equipment in the building for assisting occupants who are persons with a disability to evacuate from the building.

    (3) For the purposes of this clause and clause 7, permanent occupant, in relation to a building, means a person who—

    • (a) has a place of work in the building; or

    • (b) lives in the building.

6 Building owner must notify National Commander of evacuation training programme
  • (1) The owner of a building to which regulation 17(h)(ii) applies must notify the National Commander, in writing, of the evacuation training programme for the building.

    (2) The owner of an existing building that does not have an evacuation scheme to which section 21I of the Act applies must give notice under subclause (1)—

    • (a) no later than 6 months after the commencement of these regulations; and

    • (b) at 6-monthly intervals as from the date on which the first notice is provided under paragraph (a).

    (3) For any other building, the owner of the building must give notice under subclause (1)—

    • (a) no later than 30 days after the earlier of—

      • (i) the date on which a building code compliance certificate is issued for the building under the Building Act 2004:

      • (ii) the date on which the building is first lawfully occupied; and

    • (b) at 6-monthly intervals as from the date on which the first notice is provided under paragraph (a).

7 Content of notice
  • A notice under clause 6(1) must include—

    • (a) the name and address of the building; and

    • (b) the full name and contact address of the owner of the building; and

    • (c) the date the evacuation training programme was prepared or amended (as the case may be); and

    • (d) an outline of the content of the programme; and

    • (e) the full name and contact telephone number of the person responsible for the training of the permanent occupants; and

    • (f) the number of permanent occupants who have completed the programme in the 6-month period concerned and the results of their assessments.

Notification requirements in relation to certain events

8 Building owner must notify National Commander if certain events occur
  • The owner of a building which has an approved evacuation scheme under section 21C of the Act must notify the National Commander, in writing, if—

    • (a) building work is carried out on the building under section 112 of the Building Act 2004 resulting in its means of escape from fire being significantly affected:

    • (c) the building's life is extended under section 116 of the Building Act 2004:

    • (d) the occupancy of the building is changed to the extent that its means of escape from fire are no longer adequate:

    • (e) the building is no longer required to have an evacuation scheme (for example, the building is demolished or is no longer used for a purpose described in section 21A(1)(a) to (h) of the Act).

Schedule 4
Forms

rr 20(2), 21(2), 22, 24

Form 1
Application for approval of an evacuation scheme

rr 20(2), 21(2), 22

Sections 21C and 21H, Fire Service Act 1975

To The National Commander
New Zealand Fire Service
C/- [name and address of Fire District Office in which building is located]
FromFull name of building owner:
*Full name of person authorised by building owner to make the application (authorised applicant):
Postal address of building owner*/authorised applicant*:
Telephone number of building owner*/authorised applicant*:
Fax number of building owner*/authorised applicant*:
Email address of building owner*/authorised applicant*:
*Delete if inapplicable.
[Note: The owner, in relation to a building for which a unit plan within the meaning of section 2 of the Unit Titles Act 1972 has been deposited, means the body corporate. In any other case, the owner of a building is the person, for the time being, entitled to receive the rack rent for the building, or who would be entitled to receive the rack rent if the property were let at a rack rent.]
[Note: If the applicant is not the building owner but a person authorised by the building owner to make the application, proof of authorisation must be attached to this application.]
[Name of building owner] seeks approval of the evacuation scheme for the building described below:
1General information
Name of building:
Certificate of title reference and legal description of land on which building located:
Street address of building:
2This is an application for a new*/existing* building.
*Delete one.
3Is this an application for approval of a voluntary scheme under section 21H of the Fire Service Act 1975?
Yes*/No*
*Delete one.
[Note: If the answer is "Yes", go to question 5.]
4The building requires an evacuation scheme because the building is used for the following purposes:
*the gathering together, for any purpose, of 100 or more persons:
*providing employment facilities for 10 or more persons:
*providing accommodation for more than 5 persons (other than in 3 or fewer household units):
*storing or processing hazardous substances in quantities exceeding the minimum amounts prescribed in Schedule 2 of the Fire Safety and Evacuation of Buildings Regulations 2006:
*providing early childhood facilities (other than in a household unit):
*providing nursing, medical, or geriatric care (other than in a household unit):
*providing specialised care for people with disabilities (other than in a household unit):
*providing accommodation for persons under lawful detention (not being persons subject to home detention).
*Delete if inapplicable.
5The average number of occupants of the building is: [total number of occupants and, if building has more than one floor, the number of occupants per floor]
[Note: Completing this paragraph is optional.]
6The building has*/does not have* an automatic sprinkler system.
*Delete one.
[Note: If the building does not have a sprinkler system, go to question 9.]
7The sprinkler system is installed*/is not installed* in accordance with one of the standards specified in regulation 16 of the Fire Safety and Evacuation of Buildings Regulations 2006.
*Delete one.
[Note: If the sprinkler system is not installed in accordance with a standard, go to question 9.]
8The standard the sprinkler system is installed to is:
9The building does*/does not* store or process 1 or more hazardous substances in an amount or amounts exceeding the minimum amounts prescribed in Schedule 2 of the Fire Safety and Evacuation of Buildings Regulations 2006:
*Delete one.
[Note: If the building does not store or process hazardous substances exceeding the minimum amounts, go to question 11.]
10The following hazardous substances exceeding the minimum amounts are stored or processed in the building:
[List the approximate aggregate quantity of hazardous substances with each relevant hazard classification against that classification.]
11The building is*/is not* required to have an emergency plan under the Hazardous Substances and New Organisms Act 1996.
*Delete one.
[Note: Completing this paragraph is optional.]
12The building is occupied—
AM:
PM:
[Note: Completing this paragraph is optional.]
[Note: If this paragraph is completed, the times listed must be the times when the building is occupied under normal circumstances (for example, normal working hours, shift hours, overtime hours, and afterhours). If different times apply on different days of the week this should be clearly stated (for example, if the building is intermittently occupied by users other than under normal circumstances (such as a school used by people in the evenings)). If any part of the building is closed or not able to be occupied at certain times, provide relevant information.]
13The maximum occupancy of the building at any time is: [maximum number of occupants].
[Note: Completing this paragraph is optional.]
14The place of safety for the building is*/places of safety for the building are*:
*Delete one.
[Note: If the building has an automatic sprinkler system that satisfies a standard specified in regulation 16 of the Fire Safety and Evacuation of Buildings Regulations 2006, the place or places of safety may be inside or outside the building. In every other case, the place or places of safety must be outside the building.]
15Method of alerting building's occupants to a fire emergency in the building:
[Describe how notification is given (for example, an alarm sounding throughout the building is activated by the person who discovers the fire), including reference to any fixed fire detection or fire suppression systems in the building (for example, smoke detectors).]
16Actions to be taken by building's occupants:
[Describe how the building occupants are informed of the measures they should take once alerted to a fire emergency, and the need, if necessary, to evacuate to the place or places of safety for the building when an alarm of fire is made. Describe in detail all the means of escape from fire for the building, including alternative routes if any primary route is unable to be used.]
17The building's occupants are informed of the place of safety and the fastest way to get to it*/places of safety and the fastest way to get to them*: [describe how occupants are informed]
*Delete one.
18Additional information in relation to evacuations to a place or places of safety inside the building:
[State how the place or places of safety are safe from fire and how various fire scenarios in the building will be managed.]
[State how the place or places of safety are capable of accommodating all building occupants likely to be evacuated.]
[If any hazardous substances are contained or processed at the place or places of safety, state how the occupants will be protected from them.]
[State how the building occupants are notified of the need, if necessary, to evacuate to another place whether inside or outside the building.]
[Note: Complete this paragraph if the place or places of safety for the building is or are inside the building.]
19The persons who will remain, in a fire emergency, with the building's occupants at the place or places of safety inside the building are: [specify by name or position held]
[Note: Complete this paragraph if the building has an automatic sprinkler system and the evacuation scheme is designed to enable evacuation in a fire emergency to a place or places of safety inside the building.]
[Note: Regulation 19(2)(b) of the Fire Safety and Evacuation of Buildings Regulations 2006 requires the building's occupants, in a fire emergency, to be evacuated from the place or places of safety inside the building to a place or places of safety outside the building if directed to do so by a member of the Fire Service or a person referred to above.]
20Firefighting equipment available:
[List any firefighting equipment available for use by the building's occupants and the location of the equipment.]
21Display of signs and notices:
[Provide copy of signs and notices. State where in the building they are located.]
[Note: Signs must comply with regulation 17(e) and clause 1 of Schedule 3 of the Fire Safety and Evacuation of Buildings Regulations 2006.]
22

Evacuation of people with disabilities:

[Describe the location of the place or places in the building where, in a fire emergency, any occupants who are persons with a disability will gather if they are unable to use the building's means of escape from fire to evacuate. Describe how the occupants are notified of this place. Describe how, in a fire emergency, attending firefighters are notified of the place or places and whether anyone is at the place or places.]

[If there is specific equipment for assisting persons with a disability to evacuate, state what it is and how people are trained in its use.]

23

Trial evacuations/evacuation training programmes:

Either

  • *(a) trial evacuations—

    • (i) will be conducted in the manner set out in clauses 2 to 4 of Schedule 3 of the Fire Safety and Evacuation of Buildings Regulations 2006 at the following intervals: [state frequency, which must be at intervals of not more than 6 months]; and

    • (ii) will be managed by the following person: [describe by position not name if possible]

or

  • *(b) an evacuation training programme—

    • (i) will be implemented in the manner set out in clauses 5 to 7 of Schedule 3 of the Fire Safety and Evacuation of Buildings Regulations 2006; and

    • (ii) will be managed by the following person: [describe by position not name if possible].

*Delete one.
[Note: There is no option in relation to a building used for the purpose of providing early childhood facilities (other than in a household unit) or as an educational institution. Trial evacuations must be held for it. See regulation 17(g) of the Fire Safety and Evacuation of Buildings Regulations 2006.]
24Training of staff to manage evacuation:
[Details of training undertaken by staff to manage an evacuation, and how capabilities for managing evacuation will be maintained.]
[Note: Complete this paragraph only if question 23(a) applies.]
25Special provisions or conditions:
[Include any special provisions or conditions required for the proposed scheme (for example, what happens if a sprinkler or means of warning system is shut down or becomes inoperative) or whether there are any legal restrictions on the maximum number of building occupants at any particular time.]
[Note: Completing this paragraph is optional.]
26

The owner of the building will notify the National Commander, in writing, if 1 or more of the following events occurs:

  • building work is carried out on the building under section 112 of the Building Act 2004 resulting in its means of escape from fire being significantly affected:

  • the means of escape from fire for the building are required to be altered as a specified system under section 107 of the Building Act 2004:

  • if the building is a building with a specified intended life within the meaning of section 7 of the Building Act 2004, its life is extended under section 116 of that Act:

  • the occupancy of the building is changed to the extent that its means of escape from fire are no longer adequate:

  • the building is no longer required to have an evacuation scheme (for example, the building is demolished or is no longer used for a purpose described in section 21A(1)(a) to (h) of the Act).

  
 .................................
Signature
  
 .................................
Date
  
  • Schedule 4 form 1: amended, on 6 November 2008, by regulation 6 of the Fire Safety and Evacuation of Buildings Amendment Regulations 2008 (SR 2008/382).

Form 2
Notice that building does not require an evacuation scheme

r 24

Section 21E, Fire Service Act 1975

To The National Commander
New Zealand Fire Service
C/- [name and address of Fire District Office in which building is located]
FromFull name of building owner:
*Full name of person authorised by building owner to make the application (authorised applicant):
Postal address of building owner*/authorised applicant*:
Telephone number of building owner*/authorised applicant*:
Fax number of building owner*/authorised applicant*:
Email address of building owner*/authorised applicant*:
*Delete if inapplicable.
[Note: The owner, in relation to a building for which a unit plan within the meaning of section 2 of the Unit Titles Act 1972 has been deposited, means the body corporate. In any other case, the owner of a building is the person, for the time being, entitled to receive the rack rent for the building, or who would be entitled to receive the rack rent if the property were let at a rack rent.]
[Note: If the applicant is not the building owner but a person authorised by the building owner to make the application (authorised applicant), proof of authorisation must be attached to this application.]
1

The building does not require an evacuation scheme because it has an automatic sprinkler system that complies with regulation 16 of the Fire Safety and Evacuation of Buildings Regulations 2006 and—

Either

  • *(a) it is used for providing employment facilities for 10 or more people:

or

  • *(b) it is used for providing accommodation for more than 5 persons (other than in 3 or fewer household units).

*Delete one.
2[Name of building owner] does not wish to apply for approval of a voluntary scheme under section 21H of the Fire Service Act 1975.
 .................................
Signature
  
 .................................
Date

Rebecca Kitteridge,
for Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 18 May 2006.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Fire Safety and Evacuation of Buildings Regulations 2006. The reprint incorporates all the amendments to the regulations as at 1 July 2013, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)