Regulations for building tenants and occupants

Understanding your responsibilities

This is an overview of all legally binding requirements and obligations for building tenants and occupiers under the Fire Safety and Evacuation Regulations.

Adhering to these obligations and requirements not only ensures compliance, but also plays a key role in safeguarding the wellbeing of everyone in the building.

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Evacuation procedures

Duties of occupants and tenants of a building regarding evacuation procedures

Every tenant of a building listed in schedule 2(opens in a new tab) must ensure that every person who uses or occupies floor space of the tenant (whether as a party to a tenancy agreement, lease, sublease, or other contractual arrangement) is informed of the evacuation procedure provided by the owner of the building under regulation section 7(opens in a new tab).

Every occupant of a building must, in a fire emergency or alarm of fire, follow the evacuation procedure provided by the owner of the building under regulation section 7(opens in a new tab).

Refer to regulation 8(opens in a new tab).

Trained employees to assist occupants to evacuate

Every tenant of a building listed below must ensure that occupants who are employees of the tenant are trained to assist any other occupants of the building to evacuate the building in a fire emergency in accordance with the evacuation procedure for that building:

Childcare centres and kindergarten
day-care centres and facilities
courthouse
police station
hotels, motels, hostels, halls of residence, holiday cabins, groups of pensionerflats, boarding houses, guest houses, and other premises providing accommodation for the public
educational institutions, including public and private primary, intermediate, and secondary schools, universities, Te Pūkenga—New Zealand Institute of Skills and Technology and its Crown entity subsidiaries, and other tertiary institution
libraries, museums, art galleries, and other cultural institutions
a relevant building

Refer to regulation 9(3)(opens in a new tab).

Escape routes

The tenant of a building listed in schedule 2(opens in a new tab) must maintain the means of escape from fire for a building, and ensure that:

the means of escape are always free of obstacles; and
exit doors are unlocked and not blocked, so occupants can get out of the building in the case of a fire emergency; and
smoke-control and fire-stop doors are kept closed unless they are kept open in a way that complies with the building code; and
stairwells and hallways are not cluttered with stored items or waste.

Tenants are only responsible for keeping escape routes clear if the blockage or obstruction is caused by the tenant themselves, someone who occupies the tenant’s space (whether as a party to a tenancy agreement, lease, sublease, or other contractual arrangement) or by an occupant who is an employee of the tenant.

This regulation does not apply to a person managing people under control or supervision, or people detained in a hospital or secure facility if the person has a controlled process for the safe evacuation of the building.

Refer to regulation 5(opens in a new tab).

Storage and handling of flammable materials

Flammable cleaning liquid and flammable material

The tenant of a building listed in schedule 2(opens in a new tab) of the Fire Safety and Evacuation Regulations must ensure that flammable cleaning liquid or flammable material in the building:

is stored in non-combustible containers with close-fitting lids; and
is not stored near or in the means of escape from fire for the building.

Refer to regulation 6(opens in a new tab).

Appliances and systems

The occupants of a building listed in schedule 2(opens in a new tab) of the Fire Safety and Evacuation Regulations must take reasonable fire prevention precautions in relation to:

electrical wiring, equipment, and appliances, including portable electrical equipment and appliances; and
gas reticulation systems, equipment, and appliances, including portable gas reticulation equipment and appliances; and
equipment and appliances fuelled by flammable liquids (for example, kerosene), including portable equipment and appliances.

Any appliance that gives an open flame or is fuelled by a flammable liquid or gas must not be used in a building unless the appliance is constructed, secured, and protected in a manner that minimises the risk of fire to the building and its contents.

Refer to regulation 10(opens in a new tab).

Firefighting equipment

The owner or tenant of building must install hand-operated firefighting equipment if required by Fire and Emergency

Fire and Emergency may, in writing, require the owner or tenant of a building listed in schedule 2(opens in a new tab) to install hand-operated firefighting equipment in a particular location in the building if:

the building has only a single means of escape; and
the building has no automatic sprinkler system; and
Fire and Emergency is satisfied that activities occurring in the building and the locations of those activities in the building make it more likely that fire could affect the means of escape from the building.

Refer to regulation 15(opens in a new tab).

Maintenance of firefighting equipment for use by building’s occupants

The owner of any hand-operated firefighting equipment installed in a building for firefighting by the building’s occupants must maintain it in accordance with NZS 4503:2005—Hand operated fire-fighting equipment(opens in a new tab).

Refer to regulation 14(opens in a new tab).

General responsibilities

Control of open flames

No fire may be lit in a building other than:

in a fireplace that complied, at the time of its construction, with the building code and any bylaw or other relevant legal requirement and is maintained in proper repair; or
an appliance maintained in proper repair.

No chimney may be used in a building unless the chimney:

is constructed for the purpose; and
complied, at the time of its construction, with the building code and any bylaw or other relevant legal requirement; and
is properly maintained.

A chimney includes any flue, vent, or stove pipe installed or provided to allow the escape of smoke, fumes, heat, and other products of combustion.

Refer to regulation 11(opens in a new tab).

Packing and unpacking of goods

The packing or unpacking of goods packaged in straw, paper, wood-wool, or other flammable material may be undertaken in a building listed in schedule 2(opens in a new tab) only in places:

where the public is not permitted; and
that are not directly connected to any stairway, liftwell, or other opening between floors that is not protected against the spread of fire, smoke, or fumes; and
in which there is no lighting or heating device that may be used in a manner that could cause the packaging to ignite; and
where smoking is not permitted.

Flammable packaging materials used in a building listed in schedule 2 (opens in a new tab)must be kept, outside of working hours:

away from the building; or
in non-combustible containers with close-fitting lids in the building; or
in a building that complies with regulation 13(opens in a new tab).

Refer to regulation 12(opens in a new tab).

Storage of certain materials inside and outside buildings

The following information applies to the materials listed below:

Timber
Firewood or other wooden material
Hay, straw, or other dry cutting
Flammable packing material
Waste that is likely to burn if lit
Any other flammable materials.

A building can only be used primarily for the storage of 1 or more of the materials listed above if the building is located in a position that means any fire cannot spread to any nearby building, road, or other public place.

Where part of a building is primarily used for the storage of 1 or more of the materials listed above, the building must be protected in a way that any fire cannot spread to the rest of the building, any nearby building, any road, or other public place.

Where a building or part of a building is primarily used for the storage of 1 or more of the materials listed, the materials may only be stored in places:

that are not directly connected to any stairway, liftwell, or other opening between floors that is not protected against the spread of fire, smoke, or fumes; and
in which there is no lighting or heating device that may be used in a manner that could cause the packaging to ignite; and
where smoking is not permitted.

The materials listed above may not be stored outside a building in a way that creates a fire hazard to the building, another building, or to any road or other public place.

Refer to regulation 13(opens in a new tab).

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