QLD: What Can You Do If a Body Corporate Committee Refuses to Replace Expired Fire Extinguishers?

Question: What action can I take for the committee not approving the replacement of expired fire extinguishers?

What action can I take for the committee not approving the replacement of expired fire extinguishers?

Our inspections are done every 6 months and there were 3 reports sent to the committee that the fire extinguishers are expired.

Answer: If a fire extinguisher is damaged or due for replacement it must be maintained in proper working order. If it is due for replacement it must be replaced.

To report someone failing to adhere to the regulation, contact the following QFES Community Safety Department, if located in Brisbane send an email to QFES.brbao@qfes.qld.gov.au if a different region call the number in the required region. Find your region here: Building Fire Safety

The failure to maintain fire equipment could also impact the building insurance, below is the legislation that covers the requirement to have the fire extinguisher maintained.

Under Queensland law a fire extinguisher must be maintained in accordance with the Queensland Development Code (QDC MP6.1). The code states that the Routine Service of fire protection systems is in accordance with AS1851:2012. The Building Fire Safety Regulation 2008 reference the QDC MP6.1, Queensland Fire & Emergency Act 1990 states the penalties for not maintaining fire installation in accordance with the regulations. If a fire extinguisher is damaged or due for replacement it must be maintained in proper working order. If it is due for replacement it must be replaced.

QDC MP6.1 States the following

P1 – Prescribed fire safety installations for a building are maintained by appropriately qualified persons at intervals that are adequate to ensure the building’s fire safety installations perform to a standard no less than that which they were originally required to me

A1 – (a) a prescribed fire safety installation other than a passive fire safety installation, fire blanket or emergency lighting, complies with AS 1851:2012;

P2 – Building occupiers keep records of maintenance to ensure:

1. the occupier; and
2. any appropriately qualified person; and
3. local government officers; and
4. authorised officers of the Queensland Fire and Emergency Services;

A2 – (a) keep records of any maintenance that is required by this Part for each of the building’s prescribed fire safety installations in accordance with –

1. the Building Fire Safety Regulation 2008;

The Queensland Building Fire Safety Regulation state the following;

Division 3 Obligations of occupiers

54 Maintenance of prescribed fire safety installations

1. The occupier of a building must ensure that maintenance of each prescribed fire safety installation for the building is carried out by an appropriately qualified person – Maximum penalty—30 penalty units.
2. The occupier of a building must ensure each prescribed fire safety installation for the building is inspected and tested at intervals in compliance with QDC, part MP6.1.- Maximum penalty—30 penalty units.
3. Subsection (4) applies if the record of maintenance for a prescribed fire safety installation for a building shows that repair or other corrective action is required for the installation.
4. The occupier of the building must ensure the repair is carried out or the corrective action is taken no later than 1 month after the maintenance of the installation was carried out, unless the occupier has a reasonable excuse.

The Queensland Fire & Emergency Act 1990 states the following

104D Occupier of building to maintain prescribed fire safety installations

1. The occupier of a building must maintain at all times every prescribed fire safety installation to a standard of safety and reliability in the event of fire.
   

   Maximum penalty—

   1. if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or
   2. if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or
   3. if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or
   4. if the contravention causes substantial property loss— 500 penalty units or 6 months imprisonment; or
   5. otherwise—100 penalty units.

This post appears in the February 2021 edition of The QLD Strata Magazine.

Dean Christoff
Trilogy Fire Safety
E: dean@trilogyfiresafety.com
P: 07 3901 8203