Essential Safety Measures compliant hardware for Formal Exit Door

Is Safety and Building Security at Odds?

Despite the safety requirements of Essential Safety Measures (ESM) Regulations being in force for decades, recent publicity surrounding ESMs in the Building Regulations (VIC) 2006 has significantly raised awareness and with it, several concerns.  This has been particularly so for owners of pre-July 1994 Buildings in Victoria who, as of 13th June 2009, must for the first time complete an Annual Safety Measures Report. 

Owners and occupiers of public entertainment, multi tenanted residential, commercial, industrial and retail buildings generally view the need to comply with ESM Regulations as logical and prudent.  But one area, the occupier's desire to adequately secure a property and contents  and obtain affordable insurance cover, is increasingly coming into conflict with ESM requirements. 

In fact, despite clear regulations and accompanying penalties for non compliance, many occupiers are flatly refusing to comply with these provisions.  Their reasoning is that their property and stock will be left inadequately secured and their insurance coverage will be limited or negated if ESM compliant formal exit door hardware is fitted. 

It is clearly evident that this impasse needs to be resolved quickly, but in order to do so, owners occupiers and property managers need to fully understand what responsibilities and regulatory requirements exist and the alternate options that are available. 

Who is responsible for ensuring that the door hardware complies?

Whereas the responsibility for most ESM compliance falls to the property owner, Regulation 1218 (Subdivision 3 of Division 1 of the Building Regulations (VIC) 2006), places responsibility for compliance for paths of exit on the occupier as well as the owner such that:

The occupier of a building must ensure that all exits, paths of travel to exists and paths of travel on the allotment from exits to a road required to be provided in relation to that building are maintained in an efficient condition and kept readily accessible, functional and clear of obstruction so that egress from the building or place is maintained. 

Hence, the authorities can in this case pursue and hold accountable the occupier of a property.  Importantly, failure to keep paths of exit clear and compliant can incur on the spot fines of over $200 per breach or penalty up to 10 penalty points (over $1,000).  Failure to maintain ESM's also breaches Section 40 of the Building Act 1993 which may incur a fine of between $10,000 and $50,000. 

What are the regulations governing Formal Exit Door Hardware?

The Building Code of Australia - Section D states;

" A Formal exit door must be readily openable without a key for the side that faces a person seeking egress (exit), by a single downward action or pushing action on a single device which is located between 900mm and 1.1m from the floor". 

In practical terms this means that snib locks, pad bolts, barrel bolts, panic bolts and definitely, any deadlock that uses an internal key mechanism are not permissible. 

A keyed lock with an external handle that disengages the external lock is allowed as it enables the lock to be disengaged in the manner described in the above definition.  Similarly, a multi point lock mechanism that is disengaged by a single bar, as often seen on emergency exits in public buildings, can be used.  This latter type of hardware also gives the advantage of being more resistant to forcible entry than single point locks while still complying with ESM regulations. 

While this doesn't dissolve the problem of a thief being able to easily remove stock through an exit door once entry has been gained, or the concern that the fitting of such locks will negate insurance cover, there are still a number of options available. 

Are there any exemptions or exceptions?

Yes, some exemptions under the Building Code do exist to the general rules on door hardware and these detail under Section D.2.21, as follows;

Exit door hardware must comply "except if;

• i. Serves a vault, strong room, sanitary compartment, or the like; or
• ii. Serves only, or is within -
• a. A sole occupancy unit in a class 2 or 3 building or a class 4 part; or
• b. A sole occupancy unit with a floor area not more than 200 m2 in a class 5, 6, 7, or 8 building; or
• c. A space which is otherwise inaccessible to persons at all times when the door is locked; or
• iii. Serves the secure parts of a bank, detention centre, mental health facility, early childhood centre or the like and it can be immediately unlocked -
• a. By operating a failsafe control switch, not contained within a protective enclosure, to actuate a device to unlock the door; or
• b. By hand by a person or persons, specifically nominated by the owner, properly instructed as to the duties and responsibilities involved and available at all times when the building is lawfully occupied so that persons in the building or part may immediately escape if there is a fire; or
• iv. Is fitted with a failsafe device which automatically unlocks the door upon the activation of any sprinkler system complying with Specifications E1.5 or smoke, or any other detector system deemed suitable in accordance with AS 1670.1 installed throughout the building;..."

Thus exemptions will apply; if the property is below 200m2 in size, or, an approved mechanism is in place which will release the locks on doors when a fire alarm is activated or, in instances where a permanent person is stationed on a door, such as a security checkpoint.  The options available for locks and door release systems alone are numerous and the best lock providers are well aware of ESM requirements.  Despite these options, Opteon Property Compliance Services recommend that any exemption sought be first approved by the local Government Authority Building Surveyor or Chief Officer, so as to completely ensure acceptance and compliance. 

What about Insurance?  If I change my locks will I still get adequate cover?

We can all appreciate the concerns of tenants with regard to security and the potential impact on insurance cover of certain door hardware being fitted or not as the case may be.  The important issue here is to make sure to separate myth from fact.  That will mean being prepared to ask all concerned some very difficult questions.

1)  Check your insurance policy carefully

Many insurance companies have clauses in their policies and/or terms and conditions which will cause cover to be voided or lessened where insurance does not fully comply with all relevant statutory provisions, by-laws, regulations or legislation.  These clauses are not immediately evident, buried deep in the terms and conditions!  The insured party should carefully check their policy and discuss with their insurer to determine the possible impact of not complying fully with ESM Regulations verses changing the type of locks. 

2)  Be aware of the impact on your insurance of your ESMs not being services or functioning correctly.

Our investigations with a major insurance broker and assessor revealed that should building or life loss occur which is found to be in full or part due to non complying ESMs, the insurer would almost certainly reduce the amount payable by the percentage of loss attributable to that failure or non-compliance.  This may mean only a partial cover or possibly no pay out at all if ESms are non functional and would include exit doors, if their non-compliance was found to contribute to the extent of the loss.  

3)  Understand how the answers you fill your policy application affect your premium and cover.

Some insurance applications will ask if deadlocks are fitted.  You need to enquire if an answer of "yes" to this question in a commercial office application may actually result in a rise in, not lowering of, premiums due to the increased risk to the egress of occupants. 

4)  Ask the opinion of your insurer for a compliant solution

If you belive the type and level of door hardware is pivotal to commercially acceptable insurance, discuss your situation with your insurer to determine which lock systems that are compliant with ESMs can be used without impacting on your insurance. 

An insured party should make their own investigations in each and every case.  Importantly, always make sure that the discussion with the insurer is held in the context of the occupier and the owner having to comply with applicable legislation and regulations.  If concerned or uncertainty continues to remain after these discussions, a reference to the Local Government Authority Building Surveyor or Chief Officer will provide a clear ruling on what is acceptable. 

Above:  ESM comliant push bar mechanism.  These bars can be set up to activate multiple point lock devices

Above:  An ESM compliant lock with release handle

In Conclusion

There is no doubt that this has the potential to be a difficult issue and generate concern for all parties.  Protection of our property is both a commercial and emotional issue, critical to the viability of our businesses and in turn, our livelihoods.  For these reasons it is important for all to be aware that compliant alternatives are available with leading lock and door hardware manufacturers abreast of ESM requirements and making products to suit.  But above all, owners, occupiers and their agents need to make informed decisions about how a property will be adequately secured without compromising ESM Regulations.  Because, while property security is important, the overriding factor is and must be, that life safety always holds priority over material security. 

For more information please contact Opteon Property Compliance Services an affiliate of The Maket Line Group on esm@marketline.com.au or www.marketline.com.au