This article discusses class 1A fire safety liability, examining whether a body corporate can face legal risk when implementing voluntary fire safety measures in community title schemes.
Question: Can a body corporate for a class 1A building estate face legal liability for implementing fire safety measures?
Community title schemes that consist of only class 1A buildings are excluded from having formal fire evacuation procedures. This places the responsibility on the individual lot owners.
If a body corporate committee for an estate consisting of only class 1A housing puts in place its own procedures or purchases fire fighting equipment when they are not required by law, can this create a potential litigation risk to the body corporate in the event someone is hurt or killed following these procedures or using equipment?
Answer: The maintenance is up to the occupier.
In class 1 & 1A buildings, the level of fire safety preparedness is up to the occupier. Each occupier can adopt a level of preparedness as they see fit. This includes establishing an emergency plan and obtaining fire extinguishers, fire blankets and pan fire sachets.
The maintenance is up to the occupier, as these items are not prescribed for class 1 & 1A buildings under the fire safety legislation. It is, of course, recommended that a regular maintenance regime be adopted.
The same applies to extinguishers installed in the common area of a class 1A complex. There is no breach under the fire safety legislation if they are not maintained. Other parts of Queensland legislation may apply, but that is a question for a lawyer.
This post appears in the December 2024 edition of The QLD Strata Magazine.
Stefan Bauer
Fire Matters
E: sbauer@firematters.com.au
P: 07 3071 9088
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