An ACT lot owner would like to know whether there are any necessary actions the owners corporation needs to take in relation to evacuation plans or procedures during a State of Emergency. Christopher Kerin, Kerin Benson Lawyers provides the following information.
Question: The ACT is currently declared as a “State of Emergency” due to the bushfire threats and weather conditions. What are the Strata responsibilities in relation to providing emergency evacuation plans / procedures?
What are the Strata responsibilities in relation to providing emergency evacuation plans / procedures?
Our units have underground parking that when the power is out you cannot get your car out.
The ACT is currently declared as a “State of Emergency” due to the bushfire threats and weather conditions. I’d like to know what is in place to protect people’s lives in an emergency evacuation situation.
Answer: ACT “State of Emergency” does not require owners corporations to do anything specifically in relation to the bushfires.
ACT “State of Emergency” is that it does not require owners corporations to do anything specifically in relation to the bushfires.
This simply leaves the normal fire and life safety requirements in the Emergencies Act 2004 (ACT) in place. This legislation gives the Chief Officer (Fire and Rescue) wide powers including the ability to issue amongst other things:
- an improvement notice;
- an occupancy notice; or
- a closure notice.
There are also a range of offences under the Emergencies Act 2004.
Finally, there is no requirement in the ACT for the submission, preparation or display of Annual Fire Safety Statements (which are required in NSW, for example).
This post appears in Strata News #317.
Have a question about state of emergency in ACT due to the bushfires or something to add to the article? Leave a comment below.
- NSW: Opening Apartment Garage Door During Power Outage/Emergency
- NSW: Your Bushfire Checklist for Strata Properties
- ACT: Q&A Can the EC Refuse Requests for Solar Panel Installations?
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
After more detailed information dealing with Strata Law in the ACT? Chris Kerin’s Guide to ACT Strata Law is now available.
Looking for strata information concerning your state? For state-specific strata information, try here.