What is a Maintenance Schedule? (Victoria)

The Building Regulations (Vic) 2018 sets out the requirements for the owner of a building or place of public entertainment to prepare a maintenance schedule. A maintenance schedule is a document, in a form approved by the Victorian Building Authority ("VBA") prepared by the municipal building surveyor ("MBS") or a private building surveyor ("PBS") that details the required essential safety measures in a building (Regulation 222) and their respective maintenance requirements.

A maintenance schedule is a document that is a consolidation of all of the essential safety measures and the associated maintenance requirements issued previously within an occupancy permit or maintenance determination for a building or place of public entertainment.

Maintenance Schedule, Victoria Building Regulations 2018

A maintenance schedule is prepared by the relevant building surveyor ("RBS") being either the municipal building surveyor ("MBS") or a private building surveyor ("PBS") for a building or place of public entertainment as described in Regulation 214, 218, 219, 220, 221 and 222 of the Building Regulations (Vic) 2018 as set out below.

The Victorian Building Authority (VBA) provides an 'approved' example of a maintenance schedule (September 2019) that may be considered a framework of tables illustrating the essential safety measures ("ESM") within the building according to various dates;

  • Table 1 – Building/s or Place of Public Entertainment (place) Identification
  • Table 2 – Details of Occupancy Permit/s (where issued on or after 1 July 1994) and Maintenance Determination/s
  • Table 3 – ESMs for buildings/places completed on or after 2 June 2018
  • Table 4 – ESMs for buildings/places completed on or after 1 July 1994 to 1 June 2018
  • Table 5 – ESMs for buildings/places completed before 1 July 1994 (applies to Regulation 220 maintenance schedules)

214 Definitions in this Division ("Maintenance Schedule")

"maintenance schedule" means—

  1. a maintenance schedule prepared by the municipal building surveyor or a private building surveyor that complies with regulation 222; or
  2. a maintenance schedule within the meaning of regulation 1202 of the Building Interim Regulations 2017 as in force immediately before its revocation.

218 Relevant building surveyor must prepare or update maintenance schedule for an existing building or place of public entertainment

  1. This regulation applies if an essential safety measure is required to be provided or altered in a building or place of public entertainment by—
    1. a condition on an occupancy permit imposed in accordance with regulation 195; or
    2. a maintenance determination under regulation 215.
  2. The relevant building surveyor must prepare or update a maintenance schedule so that it complies with regulation 222 in relation to the building or place of public entertainment.
  3. The owner of a building or place of public entertainment must provide to the relevant building surveyor who must prepare or update a maintenance schedule under subregulation (2) relating to that building or place all the documents referred to in regulation 225 that relate to essential safety measures in the building or place within 7 days after a request of the relevant building surveyor to provide those documents.

219 Owner of building or place of public entertainment may apply for maintenance schedule

  1. The owner of a building or place of public entertainment may apply to the municipal building surveyor or a private building surveyor to request the municipal building surveyor or private building surveyor to prepare a maintenance schedule that complies with regulation 222 in relation to the building or place.
  2. If the municipal building surveyor or a private building surveyor agrees to prepare a maintenance schedule that complies with regulation 222 in relation to a building or place of public entertainment, the owner of the building or place must provide to the municipal building surveyor or private building surveyor all documents referred to in regulation 225 relating to essential safety measures in the building or place.

220 Building surveyor may prepare maintenance schedule

The municipal building surveyor or a private building surveyor may prepare a maintenance schedule in relation to a building or place of public entertainment that complies with regulation 222 if the owner of the building or place has applied in accordance with regulation 219 to the municipal building surveyor or private building surveyor for such a maintenance schedule to be prepared.

221 Building surveyor must give owner copy of maintenance schedule

The municipal building surveyor or private building surveyor who prepares or updates a maintenance schedule in relation to a building or place of public entertainment under regulation 218 or 220 must give a copy of the maintenance schedule to the owner of the building or place without delay.

222 Maintenance schedules

  1. For the purposes of regulation 218, a maintenance schedule must list all essential safety measures required to be provided in a building or place of public entertainment by an occupancy permit or a maintenance determination and the maintenance requirements for those essential safety measures.
  2. For the purposes of regulation 220, a maintenance schedule must list all essential safety measures required to be provided in a building or place of public entertainment by or under the Act or these Regulations or any previous corresponding Act or regulations.
  3. The essential safety measures and related maintenance requirements must be listed in chronological order according to the date on which each essential safety measure was required to be provided by or under the Act or these Regulations or any previous corresponding Act or regulations.
  4. A maintenance schedule under this regulation must be prepared in a form approved by the Authority.
  5. In this regulation maintenance requirements in relation to an essential safety measure consist of—
    1. the level of performance that the essential safety measure must achieve to fulfil its purpose; and
    2. the frequency and type of inspection, testing and maintenance required for the essential safety measure.

What is a maintenance determination?

Maintenance Determination, Victoria Building Regulations 2018

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").

215 Maintenance determinations for essential safety measures in buildings and places of public entertainment

  1. This regulation applies if an essential safety measure is required to be provided or altered in a building or place of public entertainment by—
    1. a building permit that does not require an occupancy permit; or
    2. an emergency order or a building order under Part 8 of the Act.
  2. The relevant building surveyor must determine and specify in the determination the following—
    1. the essential safety measure that is the subject of the determination;
    2. the level of performance that the essential safety measure must achieve to fulfil its purpose;
    3. the frequency and type of inspection, testing and maintenance required for the essential safety measure.
  3. A determination under subregulation (2) must—
    1. be in writing in the form approved by the Authority; and
    2. be given to the owner of the building or place of public entertainment—
      1. with the certificate of final inspection, if the essential safety measure is required under a building permit; or
      2. without delay after it is made, if the essential safety measure is required under an emergency order or a building order under Part 8 of the Act; and
    3. be given to the relevant council with a report under section 120(2)(a) of the Act, if the essential safety measure is required under an emergency order or a building order under Part 8 of the Act.
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