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
Thks for the prompt reply. My understanding of the building code is it is probably class 1, single level attached residential homes. There is no fire strata evacuation plan. As class 1, not covered by recent compulsory fire safety inspection.
If a gate is kept locked that would be the only alternative escape route to the main, only, entrance/exit in a villa strata complex, would this be considered a non-compliance fire safety in NSW?
In NSW, for buildings other than Class 1 and Class 1a buildings, a prescribed exit path must remain available for occupants to safely evacuate the building in an emergency. Any gate forming part of a prescribed exit path is required to be openable from the egress side without the use of a key, code, swipe card, or other device that could impede evacuation.
Whether a locked gate constitutes a fire safety non-compliance depends on whether the gate forms part of a prescribed exit path. The prescribed exit paths for a building can generally be identified on the building’s evacuation diagrams.
If the locked gate is located on a prescribed exit path and cannot be readily opened without a key, this would generally be considered a non-compliance with the fire safety provisions applicable to the building.
If the villa strata complex comprises Class 1 or Class 1a buildings, different requirements may apply, and the above advice would not apply.