Toggle search box search Open main navigation menu Menu Close menu

Essential Safety Provisions

Fire safety items help protect occupants and property in emergencies, including fire.

These essential provisions include fire extinguishers, emergency lighting, exit doors, and smoke alarms among other things.

When a new building is approved, a list of required fire safety equipment, referred to as Essential Safety Provisions (ESPs), is created as part of the Development Approval. These provisions ensure the property meets fire protection standards outlined in the National Construction Code. The ESPs are documented in a Schedule attached to the approval.

Property Owners’ Responsibilities

As a property owner, you are legally responsible for maintaining fire safety standards. Even if lease agreements with tenants exist, the liability generally rests with the owner.

Frequently Asked Questions

How can I find out what ESPs apply to my building?

Check your Development Approval documents, including the ESP Schedule (Form 1), if available. Alternatively, email development@mitchamcouncil.sa.gov.au to see if Council has records. For more complex cases, engage a qualified fire engineer or building certifier, or apply for an ESP Schedule via the PlanSA portal

What is a Form 3, and why do I need to submit one?

A Form 3 certifies that all ESPs have been tested and maintained in the previous year and must be submitted to Council annually between 1 January and 31 March for high-risk buildings, including:

  • Class 2 buildings;
  • Class 3, 4, 5, 6, 7, 8 or 9b buildings exceeding three storeys or 500m²;
  • Class 9a and 9c buildings of any size;
  • Buildings where:
    • the relevant authority has required a Form 3 due to a performance solution, or
    • a fire safety defect notice has been issued.

Once attached to a building, a Form 3 remains part of its record indefinitely unless the building is demolished or the Form 3 is replaced by an updated version.

If you are unsure about your building’s classification or need further guidance, contact Council at 1300 133 466 or email development@mitchamcouncil.sa.gov.au.

Even if your building does not require an annual Form 3, all owners must ensure that any required ESPs are properly maintained.

How do I complete my Form 3?

Ensure all ESPs listed have been tested and maintained. Sign and email the completed Form 3 to Council.

What if my property is missing an item listed on the ESP Schedule?

The ESP Schedule must be followed. Missing items should be installed as per the approved plans. If unsure, consult a fire engineer or building certifier. Council may allow a review of the plans through a ‘request to view’ process.

All Essential Safety Provisions (ESPs) listed on your Schedule of ESPs must be installed as outlined in your approved plans and conditions. If an ESP is missing, here’s what to do:

  • Install the Missing ESPs
    Any missing ESPs should be installed promptly to meet compliance. These provisions are essential for ensuring fire safety on your property.
  • Consult a Professional
    If you believe an ESP may no longer be required, consult a qualified fire engineer or building certifier. They can assess your situation and provide guidance on whether the ESP can be formally removed from the Schedule.
  • Access Approved Plans
    If you’re unsure about your property’s approved ESPs, the City of Mitcham may have records available. You can request to view plans.
  • Submit a Complete Form 3
    Forms with missing items, crossed-out provisions, or incomplete information cannot be accepted. Ensure all ESPs on the Schedule are addressed before submitting your Form 3.

If you need assistance, contact the City of Mitcham at 1300 133 466 or email development@mitchamcouncil.sa.gov.au.

Can I change the ESPs on my property?

Changes may be possible but must be approved by the issuing authority (Council or Building Certifier). A new application for Building Rules Consent and fire upgrades may be required via the PlanSA portal.

Who can test and maintain ESPs?

Engage a qualified fire safety contractor. Search online or in directories under “fire testing and maintenance.” Council does not recommend specific businesses.

What is a street plug, and why do I need to test it?

A street plug (fire hydrant) is a water connection used by firefighters during emergencies. Property owners must ensure it is functional and provides adequate water flow.

Your responsibilities:

  • Annual Check: Contact SA Water yearly to confirm the street plug’s functionality.
  • Five-Year Flow Test: Arrange a flow test with SA Water every five years and submit the results with your Form 3.

Note: Street plugs may be shared with neighbours, so consider coordinating testing. For location details, contact SA Water. Regular checks are essential for fire safety compliance.

What happens if ESPs are not installed or maintained?

Essential Safety Provisions (ESPs) are vital for protecting buildings, occupants, and firefighters. Non-compliance can have serious consequences.

Non-compliance can result in:

  • Opportunity to Rectify: Council will provide time to address any deficiencies.
  • Enforcement Action: If issues are not resolved, Council may revoke your building’s Certificate of Occupancy or refer the matter to the Building Fire Safety Committee.
  • Insurance Risks: Failing to comply can void your insurance and increase liability in the event of a fire.
  • Penalties: Non-compliance can result in fines of up to $10,000 or an expiation fee of $750.

    • Council is here to help with guidance and support to ensure your property meets fire safety standards. Compliance is crucial for community safety and legal protection. Contact us for assistance on 1300 133 466 or email.

Submit a request online