Question: How does a holiday renter know that the door is a fire door and cannot be chocked open if there is no sign?
For a lot that has an entry door being a prescribed fire door, and being a lot that is short-term rented, are there NSW apartment fire door regulations requiring a sign to be attached to the inside of that door letting occupiers know it is a fire door and fire doors cannot be chocked open?
The penalty for a chocked open fire door is a penalty imposed upon the owner of the door which means the owners corporation cops the fine as it is the owner of the door.
How does a holiday renter know that the door is a fire door and cannot be chocked open if there is no sign?
Answer: The requirement for signage of fire doors is found in the Building Code of Australia
The requirement for signage of fire doors is found in the Building Code of Australia as follows:
D2.23 Signs on doors
- A sign, to alert persons that the operation of certain doors must not be impaired, must be installed where it can readily be seen on, or adjacent to—
- a required—
(A) fire door providing direct access to a fire-isolated exit, except a door providing direct egress from a sole- occupancy unit in a Class 2 or 3 building or Class 4 part of a building; and (B) smoke door, on the side of the door that faces a person seeking egress and, if the door is fitted with a device for holding it in the open position, on either the wall adjacent to the doorway or both sides of the door; and - a—
(A) fire door forming part of a horizontal exit; and (B) smoke door that swings in both directions; and (C) door leading from a fire isolated exit to a road or open space, on each side of the door.
The requirement does not extend to sole-occupancy unit doors, however the requirement to ensure that the operation of said door remains in place. There is no reason why signage cannot be erected or stickers applied as a best practice measure should the Owners Corporation so decide either on the doors or in the corridors or lobbies or at the top or bottom of the main stairs.
Fire and Rescue NSW have created this fire safety brochure: Fire and Rescue NSW: Fire Safety in High-Rise Buildings Perhaps this could be prominently displayed at the building or circulated to occupiers or be part of the information supplied to holiday renters.
We understand the following as per the Building Code of Australia
A6.0 Determining a building classification
- The classification of a building or part of a building is determined by the purpose for which it is designed, constructed or adapted to be used.
A6.2 Class 2 buildings
- A Class 2 building is a building containing two or more sole-occupancy units.
- Each sole-occupancy unit in a Class 2 building is a separate dwelling.
A6.3 Class 3 buildings
A Class 3 building is a residential building providing long-term or transient accommodation for a number of unrelated persons, including the following:
- A boarding house, guest house, hostel, lodging house or backpacker accommodation.
- A residential part of a hotel or motel.
- A residential part of a school.
- Accommodation for the aged, children, or people with disability.
- A residential part of a health-care building which accommodates members of staff.
- A residential part of a detention centre.
- A residential care building.
If the building is classified as a 2 building, which I assume it is then the fire door signage requirements are as previously stated. If it is argued that the dwelling is actually being used for another purpose, this does not reclassify the building. However even if were established that a change of use had occurred, the change would most likely be to a Class 3 which also does not require fire door signage as per BCA Volume One D2.23.
It makes absolute sense to put a sign on the back of the door, however, this will be at the discretion of the Owners and the Owners Corporation given the above.
This post appears in the June 2021 edition of The NSW Strata Magazine.
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