Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018

2018/96

Coat of Arms of New Zealand

Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018

Patsy Reddy, Governor-General

Order in Council

At Wellington this 28th day of May 2018

Present:
Her Excellency the Governor-General in Council

These regulations are made under sections 187, 191, and 192 of the Fire and Emergency New Zealand Act 2017

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister of Internal Affairs.

Contents

1Title
2Commencement
3Interpretation
4Transitional, savings, and related provisions
5Owner and tenants of building must maintain means of escape from fire for building
6Flammable cleaning liquid and flammable material
7Owner of building must provide evacuation procedure
8Duties of occupants of building regarding evacuation procedure
9Owners or tenants of certain buildings must have employees trained to assist occupants to evacuate
10Appliances and systems
11Control of open flames
12Packing and unpacking of goods
13Storage of certain materials inside and outside buildings
14Maintenance of firefighting equipment for use by building’s occupants
15Owner or tenant of building must install hand-operated firefighting equipment if required by FENZ
16This Part does not limit Part 2 in relation to relevant building
17Offences
18Application for approval of evacuation scheme
19FENZ must decide whether to approve evacuation scheme no later than 20 working days after receipt of application
20Revocation of approved evacuation scheme under section 78 of Act
21Requirement for variation of approved evacuation scheme under section 78 of Act
22Notification requirement for FENZ if building owner notifies under section 76(3) of Act
23Minimum amounts of hazardous substances
24Automatic sprinkler systems
25General matters to be included in evacuation scheme
26Requirements for evacuation scheme in relation to places of safety
27Requirements relating to provision for place of safety for persons who require particular assistance
28Requirements in relation to places of safety inside building
29Requirements for trial evacuations of building to which regulation 25(c) or (d)(i) applies
30Requirements for trial evacuations of building to which regulation 25(d)(ii)(B) applies
31Persons who require particular assistance and persons under control or supervision in trial evacuation
32Building owner must notify FENZ of result of trial evacuation
33Evacuation training programmes
34Building owner must notify FENZ of evacuation training programme
35Building owner must notify FENZ if certain events occur
36Revocation
Explanatory note
Administrative Information

Regulations

1 Title

These regulations are the Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018.

2 Commencement

These regulations come into force on 1 July 2018.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

automatic sprinkler system means an automatic sprinkler system that satisfies the minimum standard required by regulation 24

building means,—

(a)

for the purposes of Part 1, a building or part of a building that is described in Schedule 2; and

(b)

for the purposes of Part 2, a relevant building

building code means,—

(a)

until their revocation, the Building Regulations 1992 continued under section 415(2)(a) of the Building Act 2004; and

(b)

after that revocation, the regulations made under section 400 of the Building Act 2004

evacuation scheme means an evacuation scheme—

(a)

that is required under section 76 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

Hazardous Substances (Classification) Notice 2017 means the Hazardous Substances (Classification) Notice 2017 issued by the Environmental Protection Authority under Part 6 of the Hazardous Substances and New Organisms Act 1996

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)

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

person under control or supervision has the same meaning as in section 3(1) of the Corrections Act 2004

person who requires particular assistance

(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, in 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 in a fire emergency by using its means of escape from fire

relevant building means a relevant building as defined in section 75 of the Act

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.

4 Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

Part 1 Fire safety and evacuation procedures

Means of escape from fire for building

5 Owner and tenants of building must maintain means of escape from fire for building

(1)

The owner and every tenant of a building must maintain the means of escape from fire for the building so as to ensure that—

(a)

the means of escape are kept clear of obstacles at all times; and

(b)

exit doors are unlocked and free of barriers or blockages so that the building’s occupants can leave the building in the event of a fire emergency; and

(c)

smoke-control and fire-stop doors are kept closed unless they are kept open in a way that complies with the building code; and

(d)

stairwells and passageways are free of stored items and accumulation of waste.

(2)

Subclause (1)(b) does not limit or restrict the ability of a person managing persons under control or supervision or persons detained in a hospital or secure facility from conducting a controlled process for the safe evacuation of a building.

(3)

In this regulation,—

6 Flammable cleaning liquid and flammable material

The owner and every tenant of a building must ensure that flammable cleaning liquid or flammable material in the building—

(a)

is stored in non-combustible containers with close-fitting lids; and

(b)

is not stored near or in the means of escape from fire for the building

Evacuation of building

7 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—

(a)

provide for the occupants to be evacuated to a place or places of safety; and

(b)

without limiting paragraph (a), provide for the safety of any person who requires particular assistance.

(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 or other methods that are used for alerting occupants or that are available for use by the occupants; and

(c)

any firefighting equipment that is available for use by the occupants; and

(d)

the provision for any person who requires particular assistance; and

(e)

how to alert FENZ to a fire emergency.

(4)

The owner of a building must erect clear, distinct, and legible signs and notices at appropriate places in the building that clearly summarise the matters specified in subclause (3)(a) to (e).

(5)

Without limiting subclause (4), the signs and notices required by that subclause must comply with the following requirements:

(a)

the signs and notices must have a safety blue background and a white border; and

(b)

lettering on the safety blue background must be white; and

(c)

printed lettering on the signs and notices must be no less than 5 mm high; and

(d)

any spaces on the signs or notices that are designed to contain hand-written information must be white and at least 10 mm high.

(6)

The place or places of safety for a building that is a relevant building must meet the requirements of regulation 26.

8 Duties of occupants of building regarding evacuation procedure

(1)

Every tenant of a building must 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) is informed of the evacuation procedure provided by the owner of the building under regulation 7.

(2)

Every occupant of a building must, in a fire emergency or alarm of fire, follow the evacuation procedure provided by the owner of the building under regulation 7.

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

(1)

Subclause (2) applies to a building described in paragraph (4), (5), (8), (9), (10), (13), (14), or (27) of Schedule 2.

(2)

The owner of the building must ensure that occupants who are employees of the owner are trained to assist any other occupants of the building to evacuate the building in a fire emergency in accordance with the evacuation procedure for the building.

(3)

Every tenant of the building must ensure that occupants who are employees of the tenant are trained to assist any other occupants of the building to evacuate the building in a fire emergency in accordance with the evacuation procedure for the building.

Appliances and systems

10 Appliances and systems

(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

11 Control of open flames

(1)

No fire may be lit in a building other than in—

(a)

a fireplace that complied, at the time of its construction, with the building code and any bylaw or other relevant legal requirement and is maintained in proper repair; or

(b)

an appliance maintained in proper repair.

(2)

No chimney may be used in a building unless the chimney—

(a)

is constructed for the purpose; and

(b)

complied, 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

12 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 may 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

(c)

in a building that complies with regulation 13.

Storage of certain materials

13 Storage of certain materials inside and outside buildings

(1)

A building must not be primarily used for the storage of 1 or more of the materials described in subclause (5), unless the building is 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 primarily used for the storage of 1 or more of the materials described in subclause (5), 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)

If a building or part of a building is primarily used for the storage of 1 or more of the materials described in subclause (5), the materials may be stored only in places that are as described in regulation 12(1)(b) to (d).

(4)

No materials described in subclause (5) 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.

(5)

The materials are—

(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.

Firefighting equipment for use by building’s occupants

14 Maintenance of firefighting equipment for use by building’s occupants

The owner of any hand-operated firefighting equipment installed in a building for firefighting by the building’s occupants must maintain it in accordance with NZS 4503:2005—Hand operated fire-fighting equipment.

15 Owner or tenant of building must install hand-operated firefighting equipment if required by FENZ

(1)

The owner or tenant of a building must comply with a requirement by FENZ under subclause (2).

(2)

FENZ may, in writing, require the owner or tenant of a building to install hand-operated firefighting equipment in a particular location in the building if—

(a)

the building has only a single means of escape; and

(b)

the building has no automatic sprinkler system; and

(c)

FENZ is satisfied that activities occurring in the building and the locations of those activities in the building make it more likely that fire could affect the means of escape from the building.

This Part does not limit Part 2 in relation to relevant building

16 This Part does not limit Part 2 in relation to relevant building

Nothing in this Part limits the requirements under Part 2 in relation to a relevant building.

Offences

17 Offences

(1)

A tenant of a building who knowingly breaches regulation 5 commits an offence.

(2)

A person who knowingly breaches any of regulations 6 to 15 commits an offence.

(3)

A person who commits an offence against subclause (1) or (2) is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $10,000; and

(b)

in any other case, to a fine not exceeding $20,000.

Part 2 Evacuation schemes

Application for approval of evacuation scheme

18 Application for approval of evacuation scheme

(1)

An application by the owner of a relevant building under section 77 of the Act for approval of an evacuation scheme must be made to FENZ and must—

(a)

contain the information specified in Schedule 4; and

(b)

be accompanied by a copy of the proposed evacuation scheme.

(2)

The application must be made,—

(a)

in the case of a relevant building that is, or is part of, a new building, before (but not earlier than 30 working days before) the date on which the relevant building is first lawfully occupied (either partially or fully); or

(b)

in the case of a relevant building that is, or is part of, an existing building, before (but not more than 30 working days before) the date on which the building or part of the building becomes a relevant building.

19 FENZ must decide whether to approve evacuation scheme no later than 20 working days after receipt of application

(1)

FENZ must decide whether to approve an evacuation scheme under section 77 of the Act no later than 20 working days after receiving the application under regulation 18.

(2)

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

(a)

FENZ 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 FENZ.

(3)

If FENZ declines to approve the evacuation scheme, FENZ must notify the applicant, in writing,—

(a)

of its reasons for declining to approve the scheme; and

(b)

of the amendments to the scheme that 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 FENZ 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.

Revocation or required variation of evacuation scheme

20 Revocation of approved evacuation scheme under section 78 of Act

(1)

If FENZ proposes to revoke the approval of an approved evacuation scheme under section 78 of the Act, FENZ must—

(a)

notify the building owner in writing of the proposed revocation and the reasons for it; and

(b)

advise the building owner that the owner may, no later than 10 working days after the notice under paragraph (a) is sent, make written submissions to FENZ in relation to the proposed revocation.

(2)

No later than 10 working days after the expiry of the period for making submissions in subclause (1)(b), FENZ must advise the building owner in writing that—

(a)

the approval of the evacuation scheme is revoked and that the owner is required to comply with section 78(2) of the Act; or

(b)

FENZ has decided not to revoke the approval of the evacuation scheme.

21 Requirement for variation of approved evacuation scheme under section 78 of Act

If FENZ requires the variation of an approved evacuation scheme under section 78 of the Act, FENZ must—

(a)

notify the building owner in writing of the required variation and the reasons for it; and

(b)

advise the owner that the owner is required to comply with section 78(2) of the Act.

Notification requirement for FENZ if building owner notifies under section 76(3) of Act

22 Notification requirement for FENZ if building owner notifies under section 76(3) of Act

(1)

This regulation applies if—

(a)

the owner of a building notifies FENZ in accordance with section 76(3)(c) of the Act that the building does not require an evacuation scheme; and

(b)

FENZ agrees that an evacuation scheme is not necessary.

(2)

FENZ must notify the building owner in writing that it agrees that no evacuation scheme is required.

Other prescribed matters

23 Minimum amounts of hazardous substances

The quantities of hazardous substances specified in Schedule 3 are the minimum amounts for the purposes of section 75(1)(d) of the Act.

24 Automatic sprinkler systems

(1)

For the purposes of section 76 of the Act, the minimum standard for an automatic sprinkler system is that the system—

(a)

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

(b)

is appropriate for 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 at least one of the following standards:

(a)

NZS 4541:2007—Automatic fire sprinkler systems:

(b)

NZS 4541:2013—Automatic fire sprinkler systems:

(c)

NZS 4515:2003—Fire sprinkler systems for residential occupancies:

(d)

NZS 4515:2009—Fire sprinkler systems for life safety in sleeping occupancies (up to 2000 square metres).

Requirements for evacuation schemes

25 General matters to be included in evacuation scheme

An evacuation scheme for a building must—

(a)

set out the evacuation procedure for the building that is in place to meet the requirements of regulation 7 and any additional requirements under any of regulations 26 to 28; and

(b)

include details of any equipment available for assisting any person who requires particular assistance to evacuate the building in a fire emergency or alarm of fire and confirmation that people are trained in its use; and

(c)

include a requirement that trial evacuations of the building be undertaken in the manner set out in regulations 29, 31, and 32, 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

(d)

for any building other than a building described in paragraph (c), include a requirement that either—

(i)

trial evacuations of the building be undertaken in the manner set out in regulations 29, 31, and 32; or

(ii)

the owner of the building—

(A)

prepare and implement an evacuation training programme in the manner set out in regulations 33 and 34; and

(B)

carry out trial evacuations of the building in the manner set out in regulations 30 to 32.

26 Requirements for evacuation scheme in relation to places of safety

(1)

The 1 or more places of safety designated in an evacuation scheme must—

(a)

be inside or outside the building, if the building has an automatic sprinkler system; or

(b)

be outside the building, in any other case.

(2)

A place of safety inside a building must—

(a)

meet the requirements set out in paragraph (b) of the definition of place of safety in clause A2 of the building code; and

(b)

be a place from which the occupants are able to safely exit the building.

27 Requirements relating to provision for place of safety for persons who require particular assistance

(1)

An evacuation scheme for a building must either—

(a)

provide for any persons requiring particular assistance to evacuate the building using its means of escape from fire; or

(b)

provide for those persons a place of safety inside the building that complies with regulation 26.

(2)

This regulation does not limit regulation 26 in relation to the provision of a place of safety inside the building for persons other than persons who require particular assistance.

28 Requirements in relation to places of safety inside building

(1)

This regulation applies to an evacuation scheme that is designed to enable evacuation in a fire emergency or alarm of fire to a place or places of safety inside the building.

(2)

The evacuation scheme for the building must—

(a)

specify how, in a fire emergency or alarm of fire, the building’s occupants and the attending firefighters are notified of the place or places of safety; and

(b)

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

(c)

specify how, in a fire emergency or alarm of fire, the attending firefighters are notified of whether there are any people at the place or places of safety; and

(d)

require the building’s occupants, in a fire emergency or alarm of fire, 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 evacuate by a person who is a member of FENZ personnel or a person referred to in paragraph (b).

Trial evacuations

29 Requirements for trial evacuations of building to which regulation 25(c) or (d)(i) applies

(1)

The owner of a building to which regulation 25(c) or (d)(i) applies must undertake trial evacuations of the building’s occupants—

(a)

at intervals of not more than 6 months; and

(b)

at any other additional time in accordance with a requirement under subclause (3).

(2)

For the purpose of calculating the timing requirement under subclause (1)(a), an unscheduled evacuation of the building’s occupants is counted as a trial evacuation as long as the owner of the building complies with regulation 32 in respect of that evacuation.

(3)

FENZ may, by written notice, require the owner of a building to which regulation 25(c) or (d)(i) applies to hold a trial evacuation of 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).

(4)

FENZ may act under subclause (3) only if FENZ is satisfied that there are reasonable grounds to believe that the evacuation scheme for the building no longer complies with these regulations.

30 Requirements for trial evacuations of building to which regulation 25(d)(ii)(B) applies

The owner of a building to which regulation 25(d)(ii)(B) applies must undertake a trial evacuation of the building’s occupants if and when required by FENZ.

31 Persons who require particular assistance and persons under control or supervision in trial evacuation

In a trial evacuation, persons who require particular assistance and persons under control or supervision—

(a)

are not required to go outside the building; but

(b)

if they do not go outside the building, must be gathered as close as is reasonably possible to an exit from the building or in a place of safety that complies with regulation 26.

32 Building owner must notify FENZ of result of trial evacuation

(1)

This regulation applies if—

(a)

the owner of a building undertakes a trial evacuation required under regulation 29 or 30; or

(b)

there is an unscheduled evacuation of a building’s occupants.

(2)

The owner of the building must notify FENZ of the result of the evacuation of the building—

(a)

in writing; and

(b)

no later than 10 working days after the evacuation.

(3)

The 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; and

(e)

whether all evacuation alarm systems worked (whether audible or non-audible), exit ways were clear, signs were in place, and all equipment worked; and

(f)

whether all occupants were evacuated in accordance with the evacuation scheme; and

(g)

whether the evacuation was completed safely; and

(h)

whether systems were in place to assist anyone who could not self-evacuate and, if so, whether the systems functioned; and

(i)

when the last training session for permanent occupants was held.

Evacuation training programmes

33 Evacuation training programmes

(1)

The owner of a building to which regulation 25(d)(ii)(A) 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—

(a)

the matters referred to in regulation 7(3)(a) and (b); and

(b)

the use of any firefighting equipment in the building; and

(c)

the use of any emergency equipment in the building for assisting persons who require particular assistance to evacuate the building.

34 Building owner must notify FENZ of evacuation training programme

(1)

The owner of a building to which regulation 25(d)(ii)(A) applies must notify FENZ, in writing, of the evacuation training programme for the building prepared and implemented under regulation 33.

(2)

The notice under subclause (1) must be given—

(a)

no later than 30 days after the evacuation scheme for the building is first approved under section 77 of the Act; and

(b)

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

(3)

The notice 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 on which 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, whether it was intial or refresher training in each case, and the results of their assessments.

Notification requirements in relation to certain events

35 Building owner must notify FENZ if certain events occur

(1)

The owner of a building that has an approved evacuation scheme under section 77 of the Act must notify FENZ if—

(a)

the building’s fire detection and suppression system is non-operational for any period of time:

(b)

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

(c)

building work is carried out on the building under section 112 or 133AT of the Building Act 2004 that affects the building’s means of escape from fire:

(d)

the building’s life is extended under section 116 of the Building Act 2004:

(e)

the occupancy of the building is changed to the extent that the building’s means of escape from fire are materially affected:

(f)

there are changes to the place or places of safety specified in the evacuation scheme:

(g)

there is a change of purpose or activities within the building:

(h)

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 75(1)(a) to (i) of the Act).

(2)

A notice under subclause (1) must be in writing and be given—

(a)

before the occurrence of the relevant matter in subclause (1); or

(b)

if it is not reasonably possible to comply with paragraph (a), as soon as practicable after the occurrence.

(3)

The owner of a building that has an approved evacuation scheme under section 77 of the Act must notify FENZ—

(a)

if the nominated contact person for the building (whether that is the owner or another person) will be absent from New Zealand for longer than 21 consecutive days; or

(b)

in any case where the owner is not the nominated contact person for the building, if—

(i)

the owner will be absent from New Zealand for longer than 21 consecutive days; and

(ii)

the nominated contact person for the building will also be absent from New Zealand for the whole or part of the period that the owner will be absent from New Zealand.

(4)

A notice under subclause (3)—

(a)

must be in writing; and

(b)

must be given before the absence described in subclause (3)(a) or (b)(i) occurs; and

(c)

must nominate an alternative contact person for the building during the absence.

Revocation

36 Revocation

Schedule 1 Transitional, savings, and related provisions

r 4

Part 1 Provisions relating to these regulations as made

1 Application of specific requirements under regulation 7(5) for signs and notices under regulation 7(4)

Regulation 7(5) applies only in respect of any sign or notice erected for the purpose of regulation 7(4) on or after 1 January 2019.

Schedule 2 Buildings to which Part 1 applies

r 3

The buildings in respect of which Part 1 applies are as follows:

(1)

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

(2)

public toilets wherever situated:

(3)

banks:

(4)

childcare centres and kindergartens:

(5)

day-care centres and facilities:

(6)

commercial buildings and premises for business and professional purposes, including computer centres:

(7)

central, regional, and local government offices and facilities:

(8)

courthouses:

(9)

police stations:

(10)

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

(11)

hospitals, whether public or private, and rest homes:

(12)

medical and dental surgeries, and medical and paramedical and other primary health care centres:

(13)

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

(14)

libraries, museums, art galleries, and other cultural institutions:

(15)

churches, chapels, and other places of public worship:

(16)

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

(17)

shops, shopping centres, and shopping malls:

(18)

restaurants, bars, cafeterias, and catering facilities:

(19)

showrooms and auction rooms:

(20)

public laundries:

(21)

petrol and service stations:

(22)

funeral parlours:

(23)

television and radio stations:

(24)

car parking buildings, and parking facilities:

(25)

factories and industrial buildings:

(26)

other buildings to which the public are to be admitted, whether without charge or on payment of a charge:

(27)

a relevant building.

Schedule 3 Minimum amounts of hazardous substances for purposes of section 75(1)(d) of Act

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Part 1 Hazardous substances classified under Hazardous Substances (Classification) Notice 2017

Property of substance (and physical state)Hazard classification under Hazardous Substances (Classification) Notice 2017Quantity
Explosive1.1 or 1.20 kg
1.310 kg
1.4, 1.5, or 1.620 kg
Flammable (gas)2.1.1A (other than LPG)30 kg or 30 m3
2.1.1A (LPG only)100 kg or 60 m3
2.1.1B100 kg or 60 m3
2.1.2A300 ℓ
Flammable (liquid)3.1A15 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 or 10 ℓ
Capacity to oxidise (gas)5.1.2A0.5 kg or 2.5 m3
Capacity to oxidise5.2A, 5.2B, 5.2C, 5.2D, 5.2E, or 5.2F10 kg
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)8.2B0.5 kg or 0.25 m3
Corrosive (solid, liquid, or gas)8.2C or 8.3A500 kg or 500 ℓ

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
Ionising 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 4 Application for approval of evacuation scheme

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An application for approval of an evacuation scheme must contain the following information:

(a)

the name and street address of the building:

(b)

the record of title reference and legal description of the land on which the building is located:

(c)

whether the application is for a new or existing building:

(d)

which of the purposes in section 75(1)(a) to (i) of the Act the building is used for:

(e)

the name and contact details of the owner of the building:

(f)

the name and contact details of the contact person for the building:

(g)

the use or uses of the building:

(h)

the activities undertaken within the building:

(i)

the number of floors within the building:

(j)

details of the normal occupancy of the building at different times of the day and week:

(k)

the maximum occupancy of the building:

(l)

whether the building has, or is likely to have, occupants who require assistance to evacuate, or notification of the need to evacuate:

(m)

whether the building is required to have an emergency response plan under the Health and Safety at Work Act 2015:

(n)

if hazardous substances are present in the building in quantities exceeding the minimum amounts prescribed in Schedule 3, the quantities and types of those hazardous substances:

(o)

a description of the fire protection and suppression system of the building:

(p)

how evacuations will be managed where there are occupants who require assistance to evacuate or notification of the need to evacuate:

(q)

details of the matters provided in the evacuation scheme to comply with the requirements of regulations 25 to 28:

(r)

a copy of the proposed evacuation scheme.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 July 2018, are made under the Fire and Emergency New Zealand Act 2017 (the Act) and replace the Fire Safety and Evacuation of Buildings Regulations 2006.

Regulation 3 defines certain terms used in the regulations. Key terms are building and relevant building. In Part 1, building means a building or part of a building specified in Schedule 2. This includes a relevant building (see the definition of relevant building and Schedule 2 paragraph (27)). All buildings in Schedule 2 are required to comply with Part 1. Part 2 prescribes matters that relate only to relevant buildings. These include the requirements for evacuation schemes required by section 76 of the Act.

Regulation 4 provides for transitional, savings, and related provisions. See Schedule 1 for a transitional provision in relation to the requirements for signs and notices for evacuation procedures.

Part 1Fire safety and evacuation procedures

Part 1 contains requirements relating to fire safety and evacuation procedures that apply in relation to all buildings specified in Schedule 2.

Regulation 5 provides that the owner and every tenant of a building must maintain the means of escape from fire for the building.

Regulation 6 sets out requirements for the storage of flammable cleaning liquid and flammable material.

Regulation 7 provides that the owner of a building must provide an evacuation procedure for the building.

Regulation 8 requires every tenant of a building to inform occupants of the building who occupy floor space of the tenant about the evacuation procedure for the building. It also requires occupants of a building to follow the evacuation procedure for the building in the event of a fire emergency or alarm of fire. The definition of occupant includes all persons lawfully entitled to be in the building (including visitors).

Regulation 9 requires the owner and tenants of certain buildings (see regulation 9(1)) to ensure that they train their employees who are occupants of the building to assist other occupants to evacuate in accordance with the evacuation procedure.

Regulation 10 sets out requirements for the owner and occupants of a building in relation to electrical, gas, and other appliances and systems.

Regulation 11 sets out requirements in relation to the control of open flames in buildings.

Regulation 12 sets out requirements in relation to the packing and unpacking of certain flammable goods and the use of flammable packaging materials.

Regulation 13 sets out requirements in relation to the storage of certain flammable materials in buildings (see regulation 13(4)).

Regulation 14 sets out requirements relating to the maintenance of hand-operated firefighting equipment installed in a building.

Regulation 15 sets out a requirement for a building owner or tenant to install hand-held firefighting equipment if required by FENZ to protect a single means of escape from a building.

Regulation 16 provides that Part 1 does not limit the requirements under Part 2 in relation to a relevant building.

Regulation 17 sets out offences for breaches of the regulations. See also section 191(3) of the Act in relation to a building owner who knowingly fails to maintain a means of escape from fire.

Part 2Evacuation schemes

Part 2 prescribes requirements in relation to relevant buildings and the evacuation schemes that are required for relevant buildings under section 76 of the Act.

Regulation 18 prescribes requirements for an application under section 77 of the Act for the approval of an evacuation scheme (see also Schedule 4).

Regulation 19 sets out the process of approval of an evacuation scheme.

Regulation 20 sets out the process that FENZ must follow for revoking an approved evacuation scheme.

Regulation 21 sets out the process that FENZ must follow for requiring the variation of an approved evacuation scheme.

Regulation 22 sets out the notification requirement for FENZ if the owner of a building notifies FENZ under section 76(3)(c) of the Act that the building does not require an evacuation scheme.

Regulation 23 specifies the quantities of hazardous substances that are the minimum amounts for the purposes of section 75(1)(d) of the Act (see Schedule 3). If hazardous substances are present in quantities exceeding the prescribed amounts, the building is a relevant building.

Regulation 24 prescribes the minimum standards for automatic sprinkler systems. Certain relevant buildings that have an automatic sprinkler system that meets the requirements in this regulation may not need an evacuation scheme (see section 76(3) of the Act).

Regulation 25 sets out matters required to be included in an evacuation scheme.

Regulation 26 sets out additional requirements about the places of safety that are designated in an evacuation scheme.

Regulation 27 sets out additional matters relating to providing for a place of safety for persons who require particular assistance (see the definition of that term in regulation 3).

Regulation 28 sets out specific requirements in relation to a scheme for a building that provides for a place of safety inside the building.

Regulations 29 to 31 set out the requirements for the trial evacuations required to be included in evacuation schemes.

Regulation 32 requires notice to be given to FENZ when the owner of a relevant building undertakes a trial evacuation or there is an unscheduled evacuation of the building’s occupants.

Regulations 33 and 34 set out requirements for certain relevant buildings (in general terms, those where regular trial evacuations are not required) to have in their evacuation schemes an evacuation training programme for occupants.

Regulation 35 requires the owner of a building that has an approved evacuation scheme to notify FENZ if any of the events specified in the regulation occur.

Regulatory impact assessment

The Department of Internal Affairs produced a regulatory impact assessment on 18 January 2018 to help inform the decisions taken by the Government relating to the contents of this instrument.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 31 May 2018.

These regulations are administered by the Department of Internal Affairs.