Buildings constructed before 1st July 1994 (Subdivision Two)  

Subdivision Two Buildings:

It is the responsibility of owners to ensure that all of the ESM’s within their building are being maintained in a state which enables each Essential Safety Measure to fulfill its purpose.

It is the responsibility of owners to ensure that an annual report is prepared in the case of the first report, before the 13th June 2009; and in the case of each subsequent report, before each anniversary of the 13th June 2009 in accordance with Regulations 1214, 1215 of the Victorian Building Regulations 2006.

An agent of the owner may complete the Annual Essential Safety Measures Report if written delegation is provided.

As of the 13th June 2009 it is the responsibility of owners to ensure that records of all maintenance checks and any service or repair work carried out to any Essential Safety Measure are available for inspection by the municipal building surveyor or chief officer.

Subdivision Three Maintenance of Exits and Paths of Travel

(Subdivision One & Two Buildings)

This subdivision refers to the requirement for maintenance of exits and paths of travel. Regulation 1218 requires the occupier of a class 1b, 2, 3, 5, 6, 7, 8, or 9 building or place of public entertainment ensure that all exits and paths of travel to exits and paths of travel on the allotment from exits to a road are maintained, kept readily accessible, functional and clear of obstruction.

Note: It should be noted that this does not completely remove responsibility from the owner but it also makes the occupier accountable/responsible.