Is AS1851:2005 mandatory in Victoria?

Practice Note 2007-61 almost slipped passed my desk without me picking up this little nugget. According to the Victorian Building Commission Practice Note 2007-61 issued November 2007, building owners may have a common law obligation to adopt AS1851-2005. Here is a full extract of the relevant clause;

Obligations under AS1851-2005
Currently, there is no mandatory requirement for the automatic use of AS1851-2005 in Victoria. However, there may be a common law obligation. If AS1851-2005 is not immediately used, owners, occupiers and service providers should satisfy themselves that they have a sound reason for not adopting the latest standard.

This statement supports previous advice to the Fire Protection Association (FPA) that can be found in their whitepaper that suggested building owners may have a common law duty of care to adopt the new standard based on community expectations.

Common law obligations in relation to maintenance standards

If AS1851-2005 is not used immediately, the owner, occupier or service provider may have to satisfy themselves that they have a sound reason for not adopting latest standards. One piece of legal advice provided to FPAA suggests that Owners, Occupiers and Service Providers will also have a common law ?duty of care? to consider current ?state-of-theart? technology such as AS1851-2005 and included the text for the following two paragraphs:

The recent release of the new standard for Maintenance of Fire Protection Systems and Equipment AS 1851 - 2005 raises the need for building owners, building occupiers and essential service providers to assess and consider the applicability of this new standard to their particular circumstances. This consideration must take into account the relationship between these parties in a contractual sense as well as in tort and other legislative requirements. In a greater sense the building owners, occupiers and essential service providers must also consider their relationship with the community and the obligations owed to ensure adequate protection of property and life as required specifically by the Building Code of Australia and the common law.

This new Australian Standard must be considered to be the most recent benchmark for maintenance of Fire Safety Protection Systems and Equipment. As such the building owner, building occupier and essential service provider must determine whether by not adopting the new standard they may be considered to be negligent. Building owners and occupiers must consider adoption of this new standard, as the most up to date and recent Australian Standard, will be necessary to comply with community standards. Such consideration will require considered legal opinion as to whether AS 1851-2005 should not be adopted in each particular situation. Although Australian Standards are not a Legislative Regulation, they are often considered quasi regulations and can be persuasive in a court of law as they can be taken to connote industry and community standards. As fire protection is a matter of public necessity, it is incumbent on building owners and occupier to determine whether in their particular circumstances they can perform both their public duties as well as legislative requirements without adopting AS1851-2005.

FPAA Whitepaper, 2005
Australian Standard AS1851: 2005 Maintenance of Fire Protection Systems and Equipment, the New Australian Standard
What does it mean for Owners, Occupiers and Service Providers?

Most people I speak to in the industry are still confused and Practice Note 2007-61 from the Building Commission should remind building owners (and industry professionals) that they need specialist technical and legal advice when reviewing the maintenance obligations for essential safety measures.

Hope this nugget is of benefit to you!

Russ