A maintenance determination is a document described in Regulation 215 of the Regulations that applies if an essential safety measure is required to be provided or altered in a building or place of public entertainment as described below.
Regulation 215 requires the Relevant Building Surveyor to determine and specify the following requirements of a buildings or places of public entertainment;
- the essential safety measure that is the subject of the determination;
- the level of performance that the essential safety measure must achieve to fulfil its purpose;
- the frequency and type of inspection, testing and maintenance required for the essential safety measure.
The determination MUST be in writing in the form approved by the Victorian Building Authority and be given to the owner of the building or place of public entertainment with the certificate of final inspection, if the essential safety measure is required under a building permit; or if the essential safety measure is required under an emergency order or a building order under Part 8 (Enforcement of Safety and Building Standards) of the Building Act (Vic)1993.
If a maintenance determination is required under section 120(2)(a) (Completion of work required by emergency order or building order) of the Building Act (Vic)1993, then a copy of the determination must also be given to the relevant council, typically the Municipal Building Surveyor ("MBS").