An Annual Essential Safety Measures Report (AESMR) is a is a statutory report defined in Part 15, Regulation 223 and Regulation 224 of the Building Regulations 2018 in Victoria.
An AESMR is a declaration by the building owner (or owners representative) such as an Owners Corporation manager that each required essential safety measure (ESM) is being maintained an is working to the required standard of performance to which it was installed.
An AESMR is required1 for all Class 1b, 2, 3, 5, 6, 7, 8 or 9 buildings, the part of a building that is Class 4 and any place of public entertainment.
These requirements DO NOT apply to a smoke alarm installed in a sole-occupancy unit in a Class 1b or 2 building or a Class 4 part of a building.
Building Regulations (Vic) 2018, r213
A Class 2 building is defined under the National Construction Code (NCC) of Australia as a building that is primarily used for residential purposes and contains two or more separate dwellings, known as sole-occupancy units (SOUs).
These buildings typically take the form of apartment buildings or multi-unit residential structures where individuals or families live above, below, or beside each other. Class 2 buildings can include:
These buildings are designed for long-term residential use and must adhere to specific construction standards and safety regulations, particularly in areas like fire safety, sound insulation, and structural integrity, due to the close proximity of the living units within the building.
An essential safety measure is the passive and active safety features required in a building such as as automatic fire sprinklers, fire detection and alarm systems, building occupant warning systems and mechanical services, but also include passive fire safety such as fire doors, fire resisting structures and other building infrastructure items such as means of egress.
Essential Safety Measures are installed in buildings and maintained to safeguard the occupants in the event of a ο¬re or other emergency.
Typically the maintenance requirements for each ESM is set out in the Occupancy Permit (for buildings constructed after July 1, 1994) or a Maintenance Determination1 for buildings constructed before July 1, 1994.
These documents set out the following;
While an Occupancy Permit and Maintenance Determination are different documents, their intent is the same, that is to provide a framework for the periodic maintenance of each essential safety measure necessary to fulfil their intended purpose.
Building Regulations (Vic) 2018, r215
In Victoria, each Essential Safety Measure is required to be maintained in a state to achieve its purpose. Generally, the standard of performance for maintenance is set out in the Occupancy Permit, Maintenance Schedule or Maintenance Determination for the building or structure.
In general, the routine servicing of essential safety measures in Class 2 buildings is confined to the public areas and spaces within the building such as lobbies, corridors, car parks, plant rooms and the like. In practical terms, this means that contractors who undertake this maintenance do not need access to private spaces such as within each sole-occupancy unit or dwelling.
For many Essential Safety Measures, Australian Standards (AS 1851 & AS 2293) provide guidelines for the routine servicing of active and passive fire safety systems and equipment.
Within the sole-occupancy unit or dwelling a smoke alarm (different to smoke detectors) is required to be installed to comply with the National Construction Code of Australia. While the maintenance of a smoke alarm system is covered in AS 1851, their maintenance is specifically excluded from the maintenance provisions of the Building Regulations (Vic) 2018 within each SOU.
For Class 2 Buildings, these maintenance requirements are generally overseen by the Owners Corporation Manager on behalf of all lot owners.
As mentioned earlier, the periodic inspection, test and maintenance of a smoke alarm covered by Part 15 of the Building Regulations (Vic) 2018 is specifically excluded from the maintenance requirements for essential safety measures "in a sole-occupancy unit in a Class 1b or 2 building or a Class 4 part of a building.1"
According to the Victorian Building Authority;
Most fire fatalities occur in residential buildings while people are asleep and are unable to smell smoke. A smoke alarm that is properly installed, regularly tested, and adequately maintained will help to reduce injuries.2
That said, there remains an obligation for lot holders and rental providers (landlords) to inspect, test and maintain smoke alarms within each sole-occupancy unit. This is NOT typically the obligation of the Owners Corporation or Owners Corporation Manager.
Tables 6.4.2.2 and 6.4.2.3 of Australian Standard AS 1851:2012 for the Routine servicing of fire protection systems and equipment sets out the routine (six-monthly) and yeary) inspection and test requirements for smoke and heat alarms. In general, a summary of these requirements are set out below;
Routine Inspection & Test Activity | Six-Monthly | Yearly | |
---|---|---|---|
1 | Check each heat or smoke alarm for any condition likely to adversely affect its operation. | β | β |
2 | Check each heat or smoke alarm to ensure that the battery is fitted or that the battery missing indicator has not operated. | β | β |
3 | For mains-powered heat or smoke alarms, check each alarm device and ensure that the mains power indicator is illuminated. | β | β |
4 | Test each heat alarm or smoke alarm using the integrated alarm test function and ensure the correct operation of the integrated alarm sounder and/or visual alarm indicator. | β | β |
5 | Check where required and fitted other sensory warning devices are employed, that they operate correctly. | β | β |
6 | For interconnected heat and smoke alarms, test that an alarm operates each interconnected device to ensure they operate correctly. | β | |
7 | For heat and smoke alarms fitted with replaceable consumer batteries, replace the battery in accordance with the manufacturers recommendation.3 | β | |
8 | Clean heat heat and smoke alarm in accordance with the manufacturer's instructions. | β | |
9 | Inspect each sole-occupancy unit and confirm that all required smoke alarms are installed in the correct location in accordance with the National Construction Code. | β | |
10 | Check the date of manufacture for each smoke alarm and replace the smoke alarm in accordance with the manufacturers specification, typically ten-years after the date of manufacture. | β |
Building Regulations (Vic) 2018, Regulation 213 (2)
Victorian Building Authority, Building Practice Note ESM-03: Self contained smoke alarms for existing buildings. Version 2.0, June 28, 2021.
In Australia, it is recommended to change these batteries on the anniversary of daylight savings (first Sunday of October) each year.
An Owners Corporation Manager, on behalf of the Owners Corporation, is responsible for ensuring that each required essential safety measure is regularly inspected, tested and maintained.
Routine servicing and maintenance must be completed by a professional such as Firewzie with a good understanding of the buildingβs Essential Safety Measures.
In the flowchart on the right, we illustrate a typical process for conducting the routine servicing of fire and essential safety measures in buildings. This flow chart provides a series of steps to guarantee compliance and facilitate the production of the Annual Essential Safety Measures Report for the building.
In certain circumstances, it may be beneficial for the Owners Corporation Manager to engage the services of a specialist ESM consultant to help prepare a scope of work and select each of the relevant specialist contractors necessary to carry out the required maintenance. An experienced OC Manager may not require the services of this specialist consultant.
A typical engagement of specialist Essential Safety Measures contractors will follow these steps;
Under Regulation 225 of the Building Regulations 2018 (Victoria), building owners must ensure that specific documents related to essential safety measures are readily available for inspection within 24 hours upon request by a municipal building surveyor or chief officer.
These documents include all annual essential safety measures reports from the past 10 years, maintenance schedules, maintenance determinations, and records of inspections, testing, and maintenance (including repairs) of any essential safety measures. Non-compliance with this regulation can result in a penalty of 20 units.
The Annual Essential Safety Measures Report (AESMR) is a statutory requirement for Class 1b, 2, 3, 5, 6, 7, 8, and 9 buildings, as well as parts of Class 4 buildings and public entertainment places in Victoria.
THe AESMR serves as a declaration by the building owner or Owners Corporation manager that all essential safety measures (ESMs) in the building are being maintained and are functioning to the required performance standards. This report excludes smoke alarms installed in sole-occupancy units within Class 1b, 2, or Class 4 buildings.
Class 2 buildings, typically residential apartment buildings, require regular maintenance of ESMs in common areas such as lobbies and car parks, while smoke alarms within individual units must be inspected and maintained by lot owners or rental providers.
The AESMR process involves routine inspections, testing, and maintenance by qualified contractors, with documentation maintained for regulatory compliance. The goal is to ensure that all safety measures are effective in protecting occupants in the event of a fire or other emergency.