This article discusses body corporate wood fired BBQ rules and when by-laws, council or fire authorities may regulate their use.
Question: Can a Body Corporate committee establish a rule regarding the use of or the positioning of wood-fired BBQs in relation to fire safety?
Answer: It is possible to have by-laws regulating the use of BBQs and these can go so far as to prohibit their use altogether.
From a body corporate perspective, it is possible to have by-laws regulating the use of BBQs and these can go so far as to prohibit their use altogether. Your existing by-laws may already contain some clauses that give you a level of control – perhaps around damage to the common property, behaviour of invitees or storage of flammable materials. You can also look at the nuisance clause in the Act as presumably, the smoke drift is one of the big issues here.
Still, enforcing by-laws after the fact can be a laborious process. If you are having a regular problem, it may be better to look to your local council.
For them, the matter is covered by the Environmental Protection Act which states that it is illegal to cause a smoke nuisance.
Brisbane City Council has a good explanation of this on their website: Minimising smoke from backyard burning
They also list steps you can take in the event of a disturbance. These allow you to report issues to neighbours and council have the power to fine offenders if required: What to do when you are impacted by smoke from your neighbours
Other councils have similar restrictions. This is what the Gold Coast Council say: Smoke from bonfires or burning off
If you are reporting a problem to the council, it is important to have some evidence. If possible, take a photo or video of the issue. If that is difficult, then be sure to write down clear times and dates when the issue occurs as well as details of the disturbance caused. The more solid evidence you provide the easier it is for the council to follow up.
The question asks whether the body corporate can regulate the positioning of a BBQ. This may well depend on the specific circumstances of the property – if there are areas where BBQs can be held without disturbing others then perhaps the by-law could stipulate this. You would likely need to consult with a strata lawyer to determine what is possible.
If you think a BBQ is unsafe or a fire safety hazard in some way the issue could be approached differently as there may be an element of urgency in the action you need to undertake. Again, you need to gather your evidence and perhaps show this to a fire safety officer to get their opinion. QFES may need to be informed if the level of concern is high enough.
This post appears in Strata News #524.
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924