(1)  Each of the following persons must maintain, or cause to be maintained, the prescribed essential safety and health features of the building whether or not building work has been carried out on that building:

(a) an occupier of the building in which the prescribed essential safety and health feature is installed with a contractual responsibility for the maintenance of the prescribed essential safety and health features in the building, or part of the building;

(b) if the occupier does not have a contractual responsibility to maintain the prescribed essential safety and health feature, the owner of the building in which the prescribed essential safety and health feature is installed.

Penalty:  Fine not exceeding 20 penalty units.

(2)  If a building has been completed prior to the commencement of these regulations, the prescribed essential safety and health features of the building must be maintained so as to perform to a standard that is not less than the standard to which they were originally required to perform.

(3)  If a building has been completed, or an alteration has been made to a building, after the commencement of these regulations, the prescribed essential safety and health features of the building or alteration must –

(a) be maintained so as to perform to a standard that is not less than –

(i) the standard to which they were originally required to perform; and

(ii) the standard set out in Part I of the Building Code of Australia for that prescribed essential safety and health feature; and

(b) be tested or inspected at the relevant frequency of testing or inspection specified by the Director.

(4)  If a feature referred to in paragraph (c) of the definition of  prescribed essential safety and health feature in regulation 43 is required to be maintained by the Plumbing Regulations 2004 , that feature is to be maintained in accordance with the relevant provision of the Plumbing Regulations 2004 .

(5)  A person must not prevent the maintenance of a prescribed essential safety and health feature.

Penalty:  Fine not exceeding 20 penalty units.