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.

You may be looking for other types of support in this area:

• Evacuation schemes and procedures
• Regulations for building owners.

Duties of occupants and tenants of a building regarding evacuation procedures

Every tenant of a building listed in schedule 2(external link) 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(external link).

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(external link).

Refer to regulation 8(external link).

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 pensioner flats, 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)(external link).

The tenant of a building listed in schedule 2(external link) 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(external link).

Flammable cleaning liquid and flammable material

The tenant of a building listed in schedule 2(external link) 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(external link).

Appliances and systems

The occupants of a building listed in schedule 2(external link) 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(external link).

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(external link) 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(external link).

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(external link).

Refer to regulation 14(external link).