An Annual Essential Safety Measures Report, also known as an ("AESMR") is a prescribed statutory document from the Victorian Government that sets a framework for yearly reporting by a building owner or the agent of a building owner that the essential safety measures in a building and/or place of public entertainment are being maintained and are working.
In order to prepare an AESMR, the building owner or agent of the owner requires the following documentation;
- the Annual Essential Safety Measures Report; and
- all AESMRs prepared under the Regulations (Building Regulations (Vic) 2019 or any previous corresponding regulations within 10 years before the request; and
- all maintenance schedules in relation to the Essential Safety Measures ("ESMs"); and
- all maintenance determinations requiring an Essential Safety Measure ("ESM") to be provided; and
- the records of all inspections, testing and maintenance (including repairs) of any ESM for the building or place.
Where the relevant occupancy permit or maintenance determination requires maintenance of an essential safety measure (ESM) in accordance with AS 1851–2005 Maintenance of Fire Protection Systems and Equipment or an equivalent standard published before 5 September 2005, regulations 196 and 217 provide that the owner may maintain that ESM in accordance with AS 1851–2012 Routine Service of Fire Protection Systems and Equipment.
Owner/s are responsible for maintenance of ESMs for an entire building and/or place. Where a building has multiple owners, each owning different parts of the building (ie Class 2 apartment, Class 5 – office, Class 6 shopping centre or similar), the AESMR can be issued for combined parts of a building owned by separate entities OR an AESMR can be issued for each part of the building in separate ownership.
The owner is required to maintain all ESMs for a building or place of public entertainment as specified in regulations:
- Reg 195 Condition on occupancy permit.
- Reg 196 Compliance with AS 1851–2012 taken to be compliance with earlier standards.
- Reg 216 Owner must comply with maintenance determination.
- Reg 217 Compliance with AS 1851–2012 taken to be compliance with earlier standards.
- Reg 226 Maintenance responsibility of owner of building or place of public entertainment.
Section 227E of the Building Act 1993 provides the power for the chief officer and municipal building surveyor to inspect ESMs or any records relating to maintenance of ESMs.
Under Section 240 of the Building Act 1993, an owner may in writing authorise another person to act as their agent on behalf of the owner.
BUILDING ACT 1993 - SECT 240
Appointment of agents
An owner of a building or land may in writing authorise another person to make any application, appeal, referral or representation under this Act on behalf of the owner.
Regulation 223 requires that the owner of a building and/or place in respect of which an ESM is required to be provided, must ensure that the AESMR is prepared within 28 days before each anniversary of the date of issue of the first occupancy permit or maintenance determination issued for the building or place, or if there is no occupancy permit or maintenance determination, within 28 days before 13 June each year.
Regulation 227 requires the owner of a building and/or place to ensure that ESMs are not removed from an approved location except for the purpose of inspection, testing of, or the carrying out of maintenance on that ESM.