Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698938820311.pdf (New Zealand)
Reprint as at 13 December 2018 Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018 (LI 2018/96) Patsy Reddy, Governor-General Order in Council At Wellington this 28th day of May 2018 Present: Her Excellency the Governor-General in Council These regulations are made under sections 187, 191, and 192 of the Fire and Emer- gency New Zealand Act 2017— on the advice and with the consent of the Executive Council; and on the recommendation of the Minister of Internal Affairs.
Contents Title Commencement Interpretation Transitional, savings, and related provisions Page 4 4 4 5 (a) (b) 1 2 3 4 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Department of Internal Affairs.
1 Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018 Reprinted as at 13 December 2018 Part 1 Fire safety and evacuation procedures Means of escape from fire for building Owner and tenants of building must maintain means of escape from fire for building Flammable cleaning liquid and flammable material Evacuation of building Owner of building must provide evacuation procedure Duties of occupants of building regarding evacuation procedure Owners or tenants of certain buildings must have employees trained to assist occupants to evacuate Appliances and systems Appliances and systems Control of open flames Open flames Packing and unpacking of goods Packing and unpacking of goods Storage of certain materials Storage of certain materials inside and outside buildings Firefighting equipment for use by building’s occupants Maintenance of firefighting equipment for use by building’s occupants Owner or tenant of building must install hand-operated firefighting equipment if required by FENZ This Part does not limit Part 2 in relation to relevant building This Part does not limit Part 2 in relation to relevant building Offences Offences Part 2 Evacuation schemes Application for approval of evacuation scheme Application for approval of evacuation scheme FENZ must decide whether to approve evacuation scheme no later than 20 working days after receipt of application Revocation or required variation of evacuation scheme Revocation of approved evacuation scheme under section 78 of Act Reprinted as at 13 December 2018 Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018 26 27 28 29 30 31 32 33 34 35 36 Requirement for variation of approved evacuation scheme under section 78 of Act Notification requirement for FENZ if building owner notifies under section 76(3) of Act Notification requirement for FENZ if building owner
 notifies under section 76(3) of Act Other prescribed matters Minimum amounts of hazardous substances Automatic sprinkler systems Requirements for evacuation schemes General matters to be included in evacuation scheme Requirements for evacuation scheme in relation to places of safety Requirements relating to provision for place of safety for persons who require particular assistance Requirements in relation to places of safety inside building Trial evacuations Requirements for trial evacuations of building to which regulation 25(c) or (d)(i) applies Requirements for trial evacuations of building to which regulation 25(d)(ii)(B) applies Persons who require particular assistance and persons under control or supervision in trial evacuation Building owner must notify FENZ of result of trial evacuation Evacuation training programmes Evacuation training programmes Building owner must notify FENZ of evacuation training programme Notification requirements in relation to certain events Building owner must notify FENZ if certain events occur Revocation Revocation Schedule 1 Transitional, savings, and related provisions Schedule 2 Buildings to which Part 1 applies Schedule 3 Minimum amounts of hazardous substances for purposes of section 75(1)(d) of Act 12 12 13 13 13 14 14 14 15 15 15 16 16 17 17 18 19 19 20 3 Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018 Reprinted as at 13 December 2018 Schedule 4 Application for approval of evacuation scheme 22 Regulations Title These regulations are the Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018.
Commencement These regulations come into force on 1 July 2018.
Interpretation In these regulations, unless the context otherwise requires,— Act means the Fire and Emergency New Zealand Act 2017 automatic sprinkler system means an automatic sprinkler system that satisfies the minimum standard required by regulation 24 building means,— (a) for the purposes of Part 1, a building or part of a building that is described in Schedule 2; and (b) for the purposes of Part 2, a relevant building building code means,— (a) (b) until their revocation, the Building Regulations 1992 continued under section 415(2)(a) of the Building Act 2004; and after that revocation, the regulations made under section 400 of the Building Act 2004 evacuation scheme means an evacuation scheme— (a) (b) that is required under section 76 of the Act; and that complies with Part 2 of these regulations flammable material includes any materials contaminated with substances that are capable of initiating spontaneous ignition Hazardous Substances (Classification) Notice 2017 means the Hazardous Substances (Classification) Notice 2017 issued by the Environmental Protec- tion Authority under Part 6 of the Hazardous Substances and New Organisms Act 1996 NZS means New Zealand Standard occupant, in relation to a building, includes any person lawfully entitled to be in the building (for example, a visitor) r 1 1 2 3 (1) 4 Reprinted as at 13 December 2018 Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018 Part 1 r 5 permanent occupant, in relation to a building, means a person who— (a) (b) has a place of work in the building; or lives in the building person under control or supervision has the same meaning as in section 3(1) of the Corrections Act 2004 person who requires particular assistance— (a) means a person— (i) who has an impairment or a combination of impairments that limits the extent to which the person can engage in the activities, pursuits, and processes of everyday life, including, without limita- tion, any of the following: (A) a physical, sensory,
 neurological, or intellectual impair- ment: (B) a mental illness; and (ii) who is unable to sense or understand a fire alarm or leave a build- ing, in a fire emergency, in a way that a person without the same disability would be capable of doing; and (b) includes any person who considers that he or she would be unable to leave a building in a fire emergency by using its means of escape from fire relevant building means a relevant building as defined in section 75 of the Act tenant, in relation to a building, means a person who pays rent to the owner of the building, whether as a party to a tenancy agreement, lease, or other contrac- tual arrangement.
(2) A term or expression used in these regulations that is defined in the Act and used, but not defined, in these regulations has the same meaning as in the Act.

4 Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.
Part 1 Fire safety and evacuation procedures Means of escape from fire for building 5 (1) Owner and tenants of building must maintain means of escape from fire for building The owner and every tenant of a building must maintain the means of escape from fire for the building so as to ensure that— 5 Part 1 r 6 Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018 Reprinted as at 13 December 2018 (a) (b) (c) (d) the means of escape are kept clear of obstacles at all times; and exit doors are unlocked and free of barriers or blockages so that the buil- ding’s occupants can leave the building in the event 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 passageways are free of stored items and accumulation of waste.
(2) The duty in subclause (1) is owed by a tenant only in respect of an act or omis- sion by— (a) (b) the tenant: a person who occupies floor space of the tenant (whether as a party to a tenancy agreement, lease, sublease, or other contractual arrangement): (c) any occupant of the building who is an employee of the tenant.
(3) This regulation does not apply to a person managing persons under control or supervision or persons detained in a hospital or secure facility if the person has a controlled process for the safe evacuation of the building.

(4) In this regulation,— hospital has the same meaning as in section 2(1) of the Mental Health (Com- pulsory Assessment and Treatment) Act 1992 secure facility has the same meaning as in section 5(1) of the Intellectual Disa- bility (Compulsory Care and Rehabilitation) Act 2003.
Regulation 5: replaced, on 13 December 2018, by regulation 4 of the Fire and Emergency New Zea- land (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Amendment Regulations 2018 (LI 2018/230).
6 Flammable cleaning liquid and flammable material The owner and every tenant of a building must ensure that flammable cleaning liquid or flammable material in the building— (a) (b) 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 Evacuation of building 7 (1) Owner of building must provide evacuation procedure The owner of a building must have a procedure in place (evacuation proced- ure) for the safe, prompt, and efficient evacuation of the building’s occupants in the event of a fire emergency requiring evacuation.
(2) The procedure must— (a) provide for the occupants to be evacuated to a place or places of safety; and 6 Reprinted as at 13 December 2018 Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018 Part 1 r 9 (b) without limiting paragraph (a), provide for the safety of any person who requires particular assistance.
(3) The owner of a building must ensure that information about the evacuation pro- cedure is readily available to the building’s occupants, including information about— (a) (b) (c) (d) (e) the routes of travel to the place or places of safety for the building; and the fire alarm signals or other methods that are used for alerting occu- pants or that are available for use by the occupants; and any firefighting equipment that is available for use by the occupants; and the provision for any person who requires particular assistance; and how to alert FENZ to a fire emergency.
(4) The owner of a building must erect clear, distinct, and legible signs and notices at appropriate places in the building that clearly summarise the matters speci- fied in subclause (3)(a) to (e).
(5) Without limiting subclause (4), the signs and notices required by that subclause must comply with the following requirements: (a) (b) (c) (d) the signs and notices must have a safety blue background and a white border; and lettering on the safety blue background must be white; and printed lettering on the signs and notices must be no less than 5 mm high; and any spaces on the signs or notices that are designed to contain hand-writ- ten information must be white and at least 10 mm high.
The place or places of safety for a building that is a relevant building must meet the requirements of regulation 26.

Duties of occupants of building regarding evacuation procedure Every tenant of a building must ensure that every person who uses or occupies floor space of the tenant (whether as a party to a tenancy agreement, lease, sub- lease, or other contractual arrangement) is informed of the evacuation proced- ure provided by the owner of the building under regulation 7.
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 regula- tion 7.

Owners or tenants of certain buildings must have employees trained to assist occupants to evacuate This regulation applies to a building described in paragraph (4), (5), (8), (9), (10), (13), (14), or (27) of Schedule 2.
(6) 8 (1) (2) 9 (1) 7 Part 1 r 10 Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018 Reprinted as at 13 December 2018 (2) (3) 10 (1) The owner of the building must ensure that occupants who are employees of the owner 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 the building.
Every tenant of the building 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 the building.

Regulation 5: amended, on 13 December 2018, by regulation 5 of the Fire and Emergency New Zea- land (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Amendment Regulations 2018 (LI 2018/230).
Appliances and systems Appliances and systems The owner and the occupants of a building must take reasonable fire prevention precautions in relation to— (a) (b) (c) electrical wiring, equipment, and appliances, including portable elec- trical 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.
(2) 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.
Open flames 11 Control of open flames (1) No fire may be lit in a building other than in— (a) a fireplace that complied, at the time of its construction, with the build- ing code and any bylaw or other relevant legal requirement and is main- tained in proper repair; or (b) an appliance maintained in proper repair.
(2) No chimney may be used in a building unless the chimney— (a) (b) 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 (c) is properly maintained.
8 Reprinted as at 13 December 2018 Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018 Part 1 r 13 (3) 12 (1) For the purposes of subclause (2), chimney includes any flue, vent, or stove pipe installed or provided to allow the escape of smoke, fumes, heat, and other products of combustion.
Packing and unpacking of goods 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 only in places— (a) (b) (c) 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 (d) where smoking is not permitted.
(2) Flammable packaging materials used in a building must be kept, outside of working hours,— (a) (b) (c) 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.
Storage of certain materials 13 Storage of certain materials inside and outside buildings (1) A building must not be primarily used for the storage of 1 or more of the materials described in subclause (5), unless the building is located in such a position that any fire in it cannot spread to any nearby building or to any road or other public place.
(2) (3) If a part of a building is primarily used for the storage of 1 or more of the materials described in subclause (5), it must be protected in such a way that any fire cannot spread to the rest of the building or any nearby building or to any road or other public place.

If a building or part of a building is primarily used for the storage of 1 or more of the materials described in subclause (5), the materials may be stored only in places that are as described in regulation 12(1)(b) to (d).
(4) No materials described in subclause (5) may 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.
(5) The materials are— (a) timber: 9 Part 1 r 14 Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018 Reprinted as at 13 December 2018 (b) (c) (d) (e) (f) firewood or other wooden materials: hay, straw, or other dry plant cuttings: flammable packaging materials: waste of a type that is likely to burn if lit: any other flammable material.
Firefighting equipment for use by building’s occupants 14 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.
15 (1) (2) Owner or tenant of building must install hand-operated firefighting equipment if required by FENZ The owner or tenant of a building must comply with a requirement by FENZ under subclause (2).
FENZ may, in writing, require the owner or tenant of a building to install hand- operated firefighting equipment in a particular location in the building if— (a) (b) (c) the building has only a single means of escape; and the building has no automatic sprinkler system; and FENZ is satisfied that activities occurring in the building and the loca- tions of those activities in the building make it more likely that fire could affect the means of escape from the building.
This Part does not limit Part 2 in relation to relevant building 16 This Part does not limit Part 2 in relation to relevant building Nothing in this Part limits the requirements under Part 2 in relation to a rele- vant building.

17 Offences Offences Offences for contraventions of this Part are in the Fire and Emergency New Zealand (Offences) Regulations 2018.
Regulation 17: replaced, on 13 December 2018, by regulation 6 of the Fire and Emergency New Zea- land (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Amendment Regulations 2018 (LI 2018/230).
10 Reprinted as at 13 December 2018 Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018 Part 2 r 19 Part 2 Evacuation schemes Application for approval of evacuation scheme 18 Application for approval of evacuation scheme (1) An application by the owner of a relevant building under section 77 of the Act for approval of an evacuation scheme must be made to FENZ and must— (a) (b) contain the information specified in Schedule 4; and be accompanied by a copy of the proposed evacuation scheme.
(2) The application must be made,— (a) (b) in the case of a relevant building that is, or is part of, a new building, before (but not earlier than 30 working days before) the date on which the relevant building is first lawfully occupied (either partially or fully); or in the case of a relevant building that is, or is part of, an existing build- ing, before (but not more than 30 working days before) the date on which the building or part of the building becomes a relevant building.
19 (1) FENZ must decide whether to approve evacuation scheme no later than 20 working days after receipt of application FENZ must decide whether to approve an evacuation scheme under section 77 of the Act no later than 20 working days after receiving the application under regulation 18.
(2) However, the period in which FENZ must make a decision may be extended once only, by no more than 10 working days, if— (a) (b) FENZ requires further information from the applicant or any other per- son in relation to the application; or a trial evacuation is carried out in relation to the building concerned and the evacuation is observed by FENZ.
(3) If FENZ declines to approve the evacuation scheme, FENZ must notify the applicant, in writing,— (a) (b) (c) of its reasons for declining to approve the scheme; and of the amendments to the scheme that the owner of the building con- cerned is required to make so that the application may be approved; and that the owner must reapply for approval of an amended scheme no later than 20 working days after the owner receives the notice.
(4) An amendment required by FENZ under subclause (3)(b)— (a) must be an amendment to the scheme, not a modification of the building; and 11 Part 2 r 20 Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018 Reprinted as at 13 December 2018 (b) must not require the building to meet performance criteria that exceed the requirements of the building code.
Revocation or required variation of evacuation scheme 20 (1) Revocation of approved evacuation scheme under section 78 of Act If FENZ proposes to revoke the approval of an approved evacuation scheme under section 78 of the Act, FENZ must— (a) (b) notify the building owner in writing of the proposed revocation and the reasons for it; and advise the building owner that the owner may, no later than 10 working days after the notice under paragraph (a) is sent, make written submis- sions to FENZ in relation to the proposed revocation.
(2) No later than 10 working days after the expiry of the period for making sub- missions in subclause (1)(b), FENZ must advise the building owner in writing that— (a) the approval of the evacuation scheme is revoked and that the owner is required to comply with section 78(2) of the Act; or (b) FENZ has decided not to revoke the approval of the evacuation scheme.
21 Requirement for variation of approved evacuation scheme under section 78 of Act If FENZ requires the variation of an approved evacuation scheme under section 78 of the Act, FENZ must— (a) (b) notify the building owner in writing of the required variation and the rea- sons for it; and advise the owner that the owner is required to comply with section 78(2) of the Act.
Notification requirement for FENZ if building owner notifies under section 76(3) of Act 22 Notification requirement for FENZ if building owner notifies under section 76(3) of Act (1) This regulation applies if— (a) the owner of a building notifies FENZ in accordance with section 76(3)(c) of the Act that the building does not require an evacuation scheme; and (b) FENZ agrees that an evacuation scheme is not necessary.
(2) FENZ must notify the building owner in writing that it agrees that no evacu- ation scheme is required.

12 Reprinted as at 13 December 2018 Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018 Part 2 r 25 Other prescribed matters 23 Minimum amounts of hazardous substances The quantities of hazardous substances specified in Schedule 3 are the min- imum amounts for the purposes of section 75(1)(d) of the Act.
24 (1) Automatic sprinkler systems For the purposes of section 76 of the Act, the minimum standard for an auto- matic sprinkler system is that the system— (a) (b) (c) satisfies sections 105 and 108 of the Building Act 2004 (in relation to the sprinkler system); and is appropriate for the use and occupancy of the building; and complies with subclause (2).
(2) A sprinkler system must comply, at the time that it was installed, with at least one of the following standards: (a) NZS 4541:2007—Automatic fire sprinkler systems: (b) NZS 4541:2013—Automatic fire sprinkler systems: (c) NZS 4515:2003—Fire sprinkler systems for residential occupancies: (d) NZS 4515:2009—Fire sprinkler systems for life safety in sleeping occu- pancies (up to 2000 square metres).
Requirements for evacuation schemes 25 General matters to be included in evacuation scheme An evacuation scheme for a building must— (a) (b) (c) set out the evacuation procedure for the building that is in place to meet the requirements of regulation 7 and any additional requirements under any of regulations 26 to 28; and include details of any equipment available for assisting any person who requires particular assistance to evacuate the building in a fire emer- gency or alarm of fire and confirmation that people are trained in its use; and include a requirement that trial evacuations of the building be under- taken in the manner set out in regulations 29, 31, and 32, if the building is a building used— (i) for the purposes of providing early childhood facilities (other than in a household unit); or (ii) as an educational institution; and (d) for any building other than a building described in paragraph (c), include a requirement that either— 13 Part 2 r 26 Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018 Reprinted as at 13 December 2018 (i) trial evacuations of the building be undertaken in the manner set out in regulations 29, 31, and 32; or (ii) the owner of the building— (A) (B) prepare and implement an evacuation training programme in the manner set out in regulations 33 and 34; and carry out trial evacuations of the building in the manner set out in regulations 30 to 32.
26 (1) Requirements for evacuation scheme in relation to places of safety The 1 or more places of safety designated in an evacuation scheme must— (a) be inside or outside the building, if the building has an automatic sprink- ler system; or (b) be outside the building, in any other case.
(2) A place of safety inside a building must— (a) meet the requirements set out in paragraph (b) of the definition of place of safety in clause A2 of the building code; and (b) be a place from which the occupants are able to safely exit the building.
27 Requirements relating to provision for place of safety for persons who require particular assistance (1) An evacuation scheme for a building must either— (a) (b) provide for any persons requiring particular assistance to evacuate the building using its means of escape from fire; or provide for those persons a place of safety inside the building that com- plies with regulation 26.
This regulation does not limit regulation 26 in relation to the provision of a place of safety inside the building for persons other than persons who require particular assistance.

Requirements in relation to places of safety inside building This regulation applies to an evacuation scheme that is designed to enable evacuation in a fire emergency or alarm of fire to a place or places of safety inside the building.
(2) 28 (1) (2) The evacuation scheme for the building must— (a) (b) specify how, in a fire emergency or alarm of fire, the building’s occu- pants and the attending firefighters are notified of the place or places of safety; and require certain persons specified in the scheme (whether by name or pos- ition held) to remain, in a fire emergency or alarm of fire, with the buil- ding’s occupants at the place or places of safety inside the building; and 14 Reprinted as at 13 December 2018 Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018 Part 2 r 31 (c) (d) specify how, in a fire emergency or alarm of fire, the attending firefight- ers are notified of whether there are any people at the place or places of safety; and require the building’s occupants, in a fire emergency or alarm of fire, to be evacuated from the place or places of safety inside the building to a place or places of safety outside the building if directed to evacuate by a person who is a member of FENZ personnel or a person referred to in paragraph (b).
Trial evacuations 29 (1) (2) (3) (4) 30 Requirements for trial evacuations of building to which regulation 25(c) or (d)(i) applies The owner of a building to which regulation 25(c) or (d)(i) applies must under- take trial evacuations of the building’s occupants— (a) (b) at intervals of not more than 6 months; and at any other additional time in accordance with a requirement under sub- clause (3).
For the purpose of calculating the timing requirement under subclause (1)(a), an unscheduled evacuation of the building’s occupants is counted as a trial evacuation as long as the owner of the building complies with regulation 32 in respect of that evacuation.
FENZ may, by written notice, require the owner of a building to which regula- tion 25(c) or (d)(i) applies to hold a trial evacuation of the building at a speci- fied time and on a specified date (being not less than 2 days after notice is given to the building owner).

FENZ may act under subclause (3) only if FENZ is satisfied that there are reasonable grounds to believe that the evacuation scheme for the building no longer complies with these regulations.
Requirements for trial evacuations of building to which regulation 25(d)(ii)(B) applies The owner of a building to which regulation 25(d)(ii)(B) applies must under- take a trial evacuation of the building’s occupants if and when required by FENZ.
31 Persons who require particular assistance and persons under control or supervision in trial evacuation In a trial evacuation, persons who require particular assistance and persons under control or supervision— (a) are not required to go outside the building; but 15 Part 2 r 32 Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018 Reprinted as at 13 December 2018 (b) if they do not go outside the building, must be gathered as close as is reasonably possible to an exit from the building or in a place of safety that complies with regulation 26.
32 (1) Building owner must notify FENZ of result of trial evacuation This regulation applies if— (a) the owner of a building undertakes a trial evacuation required under regulation 29 or 30; or (b) there is an unscheduled evacuation of a building’s occupants.

(2) The owner of the building must notify FENZ of the result of the evacuation of the building— (a) (b) in writing; and no later than 10 working days after the evacuation.
(3) The notice must include— (a) (b) (c) the name and address of the building; and the date and time of the evacuation; and the time taken to complete the evacuation; and (d) whether any person was injured during the evacuation and, if so, the nature of the injuries that the person or persons sustained; and (e) (f) whether all evacuation alarm systems worked (whether audible or non- audible), exit ways were clear, signs were in place, and all equipment worked; and whether all occupants were evacuated in accordance with the evacuation scheme; and (g) whether the evacuation was completed safely; and (h) whether systems were in place to assist anyone who could not self- evacuate and, if so, whether the systems functioned; and (i) when the last training session for permanent occupants was held.
Evacuation training programmes 33 (1) Evacuation training programmes The owner of a building to which regulation 25(d)(ii)(A) applies must prepare and implement an evacuation training programme that clearly demonstrates how the permanent occupants of the building are capable of managing, in a fire emergency, an evacuation of all the occupants from the building.
(2) Without limiting subclause (1), an evacuation training programme must include details of how the permanent occupants are trained and assessed (at intervals of not more than 6 months) in relation to— (a) the matters referred to in regulation 7(3)(a) and (b); and 16 Reprinted as at 13 December 2018 Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018 Part 2 r 35 (b) (c) the use of any firefighting equipment in the building; and the use of any emergency equipment in the building for assisting persons who require particular assistance to evacuate the building.
34 (1) Building owner must notify FENZ of evacuation training programme The owner of a building to which regulation 25(d)(ii)(A) applies must notify FENZ, in writing, of the evacuation training programme for the building pre- pared and implemented under regulation 33.
(2) The notice under subclause (1) must be given— (a) (b) no later than 30 days after the evacuation scheme for the building is first approved under section 77 of the Act; and at 6-monthly intervals as from the date on which the first notice is provi- ded under paragraph (a).
(3) The notice must include— (a) (b) (c) (d) (e) (f) the name and address of the building; and the full name and contact address of the owner of the building; and the date on which the evacuation training programme was prepared or amended (as the case may be); and an outline of the content of the programme; and the full name and contact telephone number of the person responsible for the training of the permanent occupants; and the number of permanent occupants who have completed the programme in the 6-month period concerned, whether it was intial or refresher train- ing in each case, and the results of their assessments.
Notification requirements in relation to certain events 35 (1) Building owner must notify FENZ if certain events occur The owner of a building that has an approved evacuation scheme under section 77 of the Act must notify FENZ if— (a) (b) (c) (d) the building’s fire detection and suppression system is non-operational for any period of time: the means of escape from fire for the building are required to be altered under section 107 of the Building Act 2004: building work is carried out on the building under section 112 or 133AT of the Building Act 2004 that affects the building’s means of escape from fire: the building’s life is extended under section 116 of the Building Act 2004: 17 Part 2 r 36 Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018 Reprinted as at 13 December 2018 (e) (f) (g) (h) the occupancy of the building is changed to the extent that the building’s means of escape from fire are materially affected: there are changes to the place or places of safety specified in the evacu- ation scheme: there is a change of purpose or activities within the building: the building is no longer required to have an evacuation scheme (for example, the building is demolished or is no longer used for a purpose described in section 75(1)(a) to (i) of the Act).
(2) A notice under subclause (1) must be in writing and be given— (a) (b) before the occurrence of the relevant matter in subclause (1); or if it is not reasonably possible to comply with paragraph (a), as soon as practicable after the occurrence.
(3) The owner of a building that has an approved evacuation scheme under section 77 of the Act must notify FENZ— (a) (b) if the nominated contact person for the building (whether that is the owner or another person) will be absent from New Zealand for longer than 21 consecutive days; or in any case where the owner is not the nominated contact person for the building, if— (i) (ii) the owner will be absent from New Zealand for longer than 21 consecutive days; and the nominated contact person for the building will also be absent from New Zealand for the whole or part of the period that the owner will be absent from New Zealand.
(4) A notice under subclause (3)— (a) must be in writing; and (b) must be given before the absence described in subclause (3)(a) or (b)(i) occurs; and (c) must nominate an alternative contact person for the building during the absence.

36 Revocation Revocation The Fire Safety and Evacuation of Buildings Regulations 2006 (SR 2006/123) are revoked.
18 Reprinted as at 13 December 2018 Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018 Schedule 1 Transitional, savings, and related provisions Schedule 2 r 4 Part 1 Provisions relating to these regulations as made 1 Application of specific requirements under regulation 7(5) for signs and notices under regulation 7(4) Regulation 7(5) applies only in respect of any sign or notice erected for the purpose of regulation 7(4) on or after 1 January 2019.
Schedule 2 Buildings to which Part 1 applies The buildings in respect of which Part 1 applies are as follows: r 3 (1) (2) (3) (4) (5) (6) (7) (8) (9) land, sea, and air passenger transport terminals and facilities and interchanges, whether wholly on land or otherwise: public toilets wherever situated: banks: childcare centres and kindergartens: day-care centres and facilities: commercial buildings and premises for business and professional purposes, including computer centres: central, regional, and local government offices and facilities: courthouses: police stations: (10) hotels, motels, hostels, halls of residence, holiday cabins, groups of pensioner flats, boarding houses, guest houses, and other premises providing accommo- dation for the public: (11) hospitals, whether public or private, and rest homes: (12) medical and dental surgeries, and medical and paramedical and other primary health care centres: (13) (14) (15) educational institutions, including public and private primary, intermediate, and secondary schools, universities, polytechnics, and other tertiary institutions: libraries, museums, art galleries, and other cultural institutions: churches, chapels, and other places of public worship: 19 Schedule 3 Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018 Reprinted as at 13 December 2018 (16) places of assembly, including auditoriums, theatres, cinemas, halls, sports sta- diums, conference facilities, clubrooms, recreation centres, and swimming baths: (17) (18) (19) shops, shopping centres, and shopping malls: restaurants, bars, cafeterias, and catering facilities: showrooms and auction rooms: (20) public laundries: (21) petrol and service stations: (22) (23) (24) (25) funeral parlours: television and radio stations: car parking buildings, and parking facilities: factories and industrial buildings: (26) other buildings to which the public are to be admitted, whether without charge or on payment of a charge: (27) a relevant building.
Schedule 3 Minimum amounts of hazardous substances for purposes of section 75(1)(d) of Act r 23 Part 1 Hazardous substances classified under Hazardous Substances (Classification) Notice 2017 Property of substance (and physical state) Explosive Hazard classification under Hazardous Substances (Classification) Notice 2017 1.1 or 1.2 1.3 1.4, 1.5, or 1.6 Flammable (gas) 2.1.1A (other than LPG) 2.1.1A (LPG only) 2.1.1B 2.1.2A 3.1A 3.1B 3.1C or 3.1D Flammable (liquid) 20 Quantity 0 kg 10 kg 20 kg 30 kg or 30 m3 100 kg or 60 m3 100 kg or 60 m3 300 ℓ 15 ℓ 100 ℓ 1 000 ℓ Reprinted as at 13 December 2018 Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018 Schedule 3 Property of substance (and physical state) Flammable (solid) Hazard classification under Hazardous Substances (Classification) Notice 2017 3.2A, 3.2B, or 3.2C 4.1.1A 4.1.1B Flammable (substance) 4.1.2A or 4.1.2B 4.1.2C or 4.1.2D 4.1.2E, 4.1.2F, or 4.1.2G Flammable (solid) 4.1.3A, 4.1.3B, or 4.1.3C Flammable (substance) Flammable (solid) Capacity to oxidise (liquid or solid) Capacity to oxidise (gas) 4.2A 4.2B 4.2C 4.3A 4.3B 4.3C 5.1.1A 5.1.1B 5.1.1C 5.1.2A Quantity 10 ℓ 10 kg 100 kg 5 kg or 5 ℓ 10 kg or 10 ℓ 20 kg or 20 ℓ 10 kg 10 kg or 10 ℓ 100 kg or 100 ℓ 1 000 kg or 1 000 ℓ 10 kg 100 kg 1 000 kg 5 kg 50 kg 500 kg or 10 ℓ 0.5 kg or 2.5 m3 Capacity to oxidise 5.2A, 5.2B, 5.2C, 5.2D, 5.2E, or 5.2F 10 kg Toxic (substance) Toxic (gas) Toxic Corrosive (substance) Corrosive (gas) Corrosive (substance) Corrosive (gas) 6.1A, 6.1B, or 6.1C 6.1A, 6.1B, or 6.1C 6.1D 8.1A or 8.2A 8.1A or 8.2A 8.2B 8.2B Corrosive (solid, liquid, or gas) 8.2C or 8.3A 10 kg or 10 ℓ 0.5 kg or 2.5 m3 100 kg 10 kg or 10 ℓ 0.5 kg or 0.25 m3 100 kg or 100 ℓ 0.5 kg or 0.25 m3 500 kg or 500 ℓ Part 2 Infectious and radioactive substances Property of substance Hazard Infectious Risk Group 3 microorganisms as defined in AS/NZS 2243.3:2002—Safety in laboratories—Microbiological aspects and containment facilities Quantity Any amount 21 Schedule 4
 Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018 Reprinted as at 13 December 2018 Property of substance Hazard Ionising radioactive material Category 1, 2, or 3 radionuclide as listed in Table 2 of Appendix 1 of International Atomic Energy Agency Safety Standards Series No RS-G-1.9 Categorization of Radioactive Sources (as at the commencement of these regulations) Quantity Any amount Schedule 4 Application for approval of evacuation scheme r 18 An application for approval of an evacuation scheme must contain the following information: (a) (b) the name and street address of the building: the record of title reference and legal description of the land on which the building is located: (c) whether the application is for a new or existing building: (d) which of the purposes in section 75(1)(a) to (i) of the Act the building is used (e) (f) (g) (h) (i) (j) (k) (l) for: the name and contact details of the owner of the building: the name and contact details of the contact person for the building: the use or uses of the building: the activities undertaken within the building: the number of floors within the building: details of the normal occupancy of the building at different times of the day and week: the maximum occupancy of the building: whether the building has, or is likely to have, occupants who require assistance to evacuate, or notification of the need to evacuate: (m) whether the building is required to have an emergency response plan under the Health and Safety at Work Act 2015: if hazardous substances are present in the building in quantities exceeding the minimum amounts prescribed in Schedule 3, the quantities and types of those hazardous substances: a description of the fire protection and suppression system of the building: how evacuations will be managed where there are occupants who require assistance to evacuate or notification of the need to evacuate: details of the matters provided in the
 evacuation scheme to comply with the requirements of regulations 25 to 28: (n) (o) (p) (q) 22 Reprinted as at 13 December 2018 Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018 Schedule 4 (r) a copy of the proposed evacuation scheme.
Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 31 May 2018.

Michael Webster, Clerk of the Executive Council.


23 Notes Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018 Reprinted as at 13 December 2018 Reprints notes 1 General This is a reprint of the Fire and Emergency New Zealand (Fire Safety, Evacu- ation Procedures, and Evacuation Schemes) Regulations 2018 that incorporates all the amendments to those regulations as at the date of the last amendment to them.
2 Legal status Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment.

Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act.

A printed version of the reprint produced directly from this official elec- tronic version also has official status.
3 Editorial and format changes Editorial and format changes to reprints are made using the powers under sec- tions 24 to 26 of the Legislation Act 2012.

See also http://www.pco.parlia- ment.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Amendment Regulations 2018 (LI 2018/230) Wellington, New Zealand: Published under the authority of the New Zealand Government—2019 24