These Q&As are about fire audit and fire door compliance for QLD units.
Table of Contents:
- QUESTION: What are the responsibilities of the Committee in relation to Fire Regulations? What do we have to do in regards to inspections on an annual basis?
- QUESTION: A lot’s entry door needs to be replaced. It was not required to be a fire door at the time of the building’s construction and it does not open onto a fire escape. Does the legislation require the doorway to be made fire compliant?
- QUESTION: What action can I take for the committee not approving the replacement of expired fire extinguishers?
- QUESTION: Do you need permission to drill into a firewall to install a TV?
- QUESTION: A resident in our building put some artificial plants in our lobby. They have been removed and due to fire regulations. Why is that?
- QUESTION: What are the regulations regarding front doormats in the hallway / foyer outside of our door? We have been told nothing is allowed in the hallway.
- QUESTION: With reference to QFES Compliance in QLD strata buildings, if a property isn’t compliant and an assessor has stated that it’s non-compliant, what impact does that have on the building’s insurance?
- QUESTION: Are you permitted to install a door video viewer in a fire rated apartment door?
- QUESTION: The exit door to the fire escape staircase can no longer be opened from the outside. Is this against the law if our body corporate won’t have it repaired?
- QUESTION: Do I have to participate in a scheduled Body Corporate fire drill for my unit complex whilst social distancing is in place due to COVID-19?
- QUESTION: Are all front doors for apartments required to be fire doors because they are the only exit? How do we know which doors need to comply with fire door regulations?
- QUESTION: A lot owner has installed a digital lock on their fire door. They are away and an audit has deemed the fire door non compliant. What should the Body Corporate do?
- QUESTION: I’m concerned about fire door compliance and keeping fire doors kept open within our building. I raised my concerns in writing with the committee but nothing has changed. Is the committee neglecting their fire safety responsibilities?
- QUESTION: In our building, five fire doors in apartments failed due to unauthorised screen doors fitted to apartments. QFES has verbally advised us not to remove existing doors, but discourage others from being fitted. Where do we stand on fire door compliance and from an insurance point of view?
- QUESTION: Who should pay for a replacement fire door for our apartment in Queensland? Is the lot owner responsible for fire door compliance?
Question: What are the responsibilities of the Committee in relation to Fire Regulations? What do we have to do in regards to inspections on an annual basis?
Our complex has 8 units over 3 levels. There is no onsite manager.
What are the responsibilities of the Committee in relation to Fire Regulations? What are the fire equipment, etc requirements of a building this size? What do we have to do in regards to inspections on an annual basis?
Answer: It is the Body Corporate responsibility to have fire safety installations maintained by entering into a service contract with an appropriate qualified contractor.
The Body Corporate should establish what fire safety installations are installed within a building. It is the Body Corporate responsibility to have these maintained by entering into a service contract with an appropriate qualified contractor.
All maintenance documentation must include the required information as set out in QDC MP6.1 and the Qld Building Fire Safety Regulations to be compliant. The documentation must be kept for minimum of 2 years as set out in Qld Legislation ( 7 years as per AS1851-2012). The maintenance frequencies are depending on the fire safety equipment type.
In addition to the routine maintenance of fire equipment, the body corporate must establish an emergency plan and procedure for the building and must facilitate an annual evacuation exercise.
Stefan Bauer
Fire Matters
E: [email protected]
P: 07 3901 8203
This post appears in the April 2021 edition of The QLD Strata Magazine.
Question: A lot’s entry door needs to be replaced. It was not required to be a fire door at the time of the building’s construction and it does not open onto a fire escape. Does the legislation require the doorway to be made fire compliant?
In Queensland, if a lot’s entry door is replaced, and it was not required to be a fire door at the time of the building’s construction, and it does not open onto a fire escape, is there legislation requiring the doorway to be made a fire compliant doorset?
If so, can a security screen which was fitted to the original door frame be re-fitted to the frame of the fire doorset? If no and Australian Standards do not allow this, would it be prohibited in all States?
Answer: A building should be inspected and maintained to the standards and the building code it was originally designed to comply with.
It is impossible for me to comment in depth on this, without having inspected the building.
A building should be inspected and maintained to the standards and the building code it was originally designed to comply with.
Screen doors are not tested on a fire door assembly, and therefore not considered compliant with AS 1905.1 and would be prohibited in all States.
Peter Pedersen
Scanline Fire Doors
[email protected]
P: 07 5597 2444
This post appears in the March 2021 edition of The QLD Strata Magazine.
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 damage or due for replacement in must be maintained in a 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 [email protected] 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 on the building insurance, below is the 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 damage or due for replacement in must be maintained in a 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:
- the occupier; and
- any appropriately qualified person; and
- local government officers; and
- 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 –
- 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
- 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.
- 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.
- 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.
- 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
- 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—
- if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or
- if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or
- if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or
- if the contravention causes substantial property loss— 500 penalty units or 6 months imprisonment; or
- otherwise—100 penalty units.
Dean Christoff
Trilogy Fire Safety
E: [email protected]
P: 07 3901 8203
This post appears in the February 2021 edition of The QLD Strata Magazine.
Question: Do you need permission to drill into a firewall to install a TV?
Answer: fire wall is a prescribed fire safety installation and can not be changed or altered without a Building Development approval (strictly speaking)
A fire wall is a prescribed fire safety installation and can not be changed or altered without a Building Development approval (strictly speaking).
The fire wall would have been certified at the time of construction and the penetration for any services will need to be rectified.
The Building Development approval triggers the re-certification which is required to confirm that any penetration has been sealed in an approved method using approved material and ensures that the integrity of the fire wall has not been compromised.
Stefan Bauer
Fire Matters
E: [email protected]
P: 07 3901 8203
This post appears in the February 2021 edition of The QLD Strata Magazine.
Question: A resident in our building put some artificial plants in our lobby. They have been removed and due to fire regulations. Why is that?
A resident in our building put a couple of very pretty, artificial plants in our lobby to brighten up an otherwise bland and boring entrance. They did not block anyone and were tucked in beside the doorway.
They have now been removed and the resident was told it was due to fire regulations. Are you able to clarify why that is? And are we able to get a copy of these regulations from anywhere?
We also had a doormat removed from outside our door due to the same reason. We have had a lovely bamboo floor installed and simply wanted to protect it from outside sand and dirt.
Answer: These items may have been removed in an attempt to keep evacuation routes and common areas free from obstruction as required by the Building Fire Safety Regulation 2008.
The fire safety regulations applicable in Queensland are contained within the Building Fire Safety Regulation 2008 (‘the Regulation’).
Bodies corporate have an obligation to ensure that they comply with the Regulation, which is designed to protect those at the scheme in the case of a fire emergency.
In our opinion, it is possible that the items may have been removed in an attempt to keep evacuation routes and common areas free from obstruction, as required by the Regulation.
If you do not agree that the items constitute a possible obstruction, then we recommend raising your concerns with your Body Corporate Manager or Committee to see if an alternative doormat or plant might be permissible.
Jessica Stanley
Mathews Hunt Legal
E: [email protected]
P: 07 5555 8000
This post appears in Strata News #353.
Question: What are the regulations regarding front doormats in the hallway / foyer outside of our door? We have been told nothing is allowed in the hallway.
What are the regulations regarding front door mats outside our unit in QLD?
We have been informed that NOTHING is allowed in hallways in our building. On visiting friends in other complexes, we note they have a small mat outside of the door to their unit.
We live near the sea, so it would be good to be able to wipe our feet and get the sand off before entering our unit.
Answer: If there is no by-law preventing a doormat, then the approval of the Body Corporate is not required under the Act.
Whether an owner or occupier can place a doormat outside the entry to their lot will largely depend on the by-laws.
If there is no by-law preventing a doormat, then the approval of the Body Corporate is not required under the Act. As the adjudicator in Ansonia [2012] QBCCMCmr 466 (17 October 2012) relevantly stated at para 9:
“there is not an express provision of the Act that requires an occupier to obtain body corporate approval before placing a personal item such as a doormat on common property…”
However, if the by-laws require committee approval for an item to be placed on common property, then the owner or occupier must obtain that approval.
Even in circumstances where approval is granted, or the owner or occupier can have a doormat because there is no by-law that prevents it, the owner or occupier will need to ensure the doormat does not:
- cause a hazard or nuisance or unreasonably interfere with the use of another lot or common property; or
- breach any other by-laws, e.g. lawful use of common property by another person.
Therefore we recommend that you review your Scheme’s by-laws and depending on what they contain, seek advice from your Body Corporate Manager or legal adviser where necessary.
Peter Hunt
Mathews Hunt Legal
E: [email protected]
P: 07 5555 8000
This post appears in Strata News #240.
Question: With reference to QFES Compliance in QLD strata buildings, if a property isn’t compliant and an assessor has stated that it’s non-compliant, what impact does that have on the building’s insurance?
Answer: If the non-compliance is known, it is a matter that should be disclosed to the insurer.
If the non-compliance is known, it is a matter that should be disclosed to the insurer when a policy is taken out as part of your duty of disclosure.
If the building is non-compliant, and you knew about the non-compliance, and that non-compliance causes or contributes to a claim, then that could result in the insurer denying a claim or reducing their liability.
If it’s not compliant and you didn’t know about the compliance issue, the insurer can decline the portion that relates to rectification of faulty workmanship.
Keep in mind that when it comes to compliance, one of the common things that must be considered is compliance at the time the property was built. For example, a property that was built in 1990 may still be compliant even if it does not comply with 2020 building codes because it was compliant at the time it was built. For this reason, it is important to consider compliance based on when the building was built.
Tyrone Shandiman
Strata Insurance Solutions
E: [email protected]
T: 07 3899 5129
This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisernet Australia AFSL No 240549, ABN 15 003 886 687.
This post appears in the November 2020 edition of the QLD Strata Magazine.
Question: Are you permitted to install a door video viewer in a fire rated apartment door?
Answer: The answer is no, you can not install anything to a fire door that has not been tested and is on the list of tested hardware that can be used.
Peter Pedersen
Scanline Fire Doors
[email protected]
P: 07 5597 2444
This post appears in Strata News #370.
Question: The exit door to the fire escape staircase can no longer be opened from the outside. Is this against the law if our body corporate won’t have it repaired?
Our exit door to the fire escape staircase can no longer be opened from the outside. Is this against the law if our body corporate won’t have it repaired? What if someone is stuck inside and we can’t get back inside to rescue them?
Answer: Regulations require every fourth floor to have re entry if doors are locked from the stair side.
Regulations require every fourth floor to have re entry if doors are locked from the stair side.
Or a fail safe electric system hooked up to the fire panel and an intercom on each floor for re entry.
Hope this has answered your question, if not feel free to call our office on 0755 972 444
Peter Pedersen
Scanline Fire Doors
[email protected]
P: 07 5597 2444
This post appears in Strata News #350.
Question: Do I have to participate in a scheduled Body Corporate fire drill for my unit complex whilst social distancing is in place due to COVID-19?
Answer: Common sense tells me that a fire drill should not take place until the current situation changes and it is safe to do so.
Chris Irons, Hynes Legal: I can’t comment on your obligations to participate in a fire drill as that is not body corporate legislation.
What I would say though, is that if a ‘common sense’ approach is good enough for the Prime Minister – and he’s been very clear that’s what everyone should be doing at the moment when obligations on many things are ambiguous – then it should be good enough for you in your situation. Common sense dictates that if we are meant to be avoiding situations which bring us into closer contact with others then we should probably be avoiding a fire drill.
You might like to direct a query to your body corporate in the first instance as to why they’d be wanting to hold a fire drill at the moment. Don’t discount the possibility that there might actually be some very good reasons for holding it.
Peter Pedersen
Scanline Fire Doors
[email protected]
P: 07 5597 2444
Chris Irons
Hynes Legal
E: [email protected]
P: 07 3193 0500
This post appears in Strata News #335.
Question: Are all front doors for apartments required to be fire doors because they are the only exit? How do we know which doors need to comply with fire door regulations?
We have recently been told that the front doors to all units do not comply with the law for various reasons.
How do we know that there is a requirement for our front doors to be fire doors? It’s a three story block and all front doors lead outside to the stairwell.
Are all front doors for apartments required to be fire doors because they are the only exit? How do we know if they need to comply with fire door regs? We do not have the original plans for the property. We are located in QLD.
Answer: The owner should be given the opportunity to correct the issue first.
Generally, a 3 story walk-up consists of 6 units per stairwell.
Each of these units are built as a fire compartment in order to stop the spread of fire.
The self-closing fire rated door is fitted to gain access to each unit, and also to contain a fire from spreading.
All fire safety installations are required to be inspected and maintained as per MP6 and AS 1851.
If this building is in Brisbane or the Gold Coast we would be happy to inspect and advise.
Peter Pedersen
Scanline Fire Doors
[email protected]
P: 07 5597 2444
This post appears in Strata News #322.
Question: A lot owner has installed a digital lock on their fire door. They are away and an audit has deemed the fire door non compliant. What should the Body Corporate do?
An owner in our building has installed a digital style access lock on their front door. It is for security not to use the unit for short term rental. He did not seek Body Corporate approval. This is a fire door.
The building manager asked him to remove the lock indicating that in an emergency they can’t get access as master keys won’t unlock the door.
The owner is regularly away overseas on short visits and has indicated that he wants to secure his apartment. He is always available by email or mobile.
Recently the entry fire doors were inspected by the fire engineer. The doors were deemed not to be fire safe and therefore not compliant. The Secretary of the body corporate has been asked to inform the owner that the doors are not compliant and the access locks would be removed.
If the locks are not compliant then this could impact on the owners insurance?
What should the secretary do? The request for action has come from the building manager.
Answer: The owner should be given the opportunity to correct the issue first.
The body corporate should write to the owner setting out:
- that the outside of the door is common property (assuming it is) and that approval is required for any improvements – which cannot be provided for fire safety reasons; and
- the fire safety issues; and
- requiring the owner to correct the lock.
The body corporate would then more than likely have rights to correct the lock and recover those costs but it should give the owner the opportunity to fix it first.
Frank Higginson
Hynes Legal
E: [email protected]
P: 07 3193 0500
This post appears in Strata News #279.
Question: I’m concerned about fire door compliance and keeping fire doors kept open within our building. I raised my concerns in writing with the committee but nothing has changed. Is the committee neglecting their fire safety responsibilities?
I own a lot in a QLD apartment building and am concerned about fire door compliance and that my committee is neglecting their responsibilities about fire safety. Apartments are accessed from an open lobby/atrium area and some occupants regularly have their front fire doors kept open with just their screen door locked, presumably to promote cross-breezes.
Upper-level apartments only have a single egress stair and these occupants need to pass by the open door to safely exit the building. In the case of a fire in this lot, upper-level occupants would have no means of safe egress. It also places the broader building at risk as the concept of a fire door is to slow/contain fire spread and this doesn’t work with the fire doors kept open. I expect there is legislation/standards about properly maintaining/operating fire doors, but I am unaware of exactly what they are.
I raised my concerns in writing with the committee and they instructed the resident manager to raise this with the occupants, but the issue continues to occur. In the meantime, the committee has sent out other correspondence (e.g. wishing all a Merry Christmas, reminding them to obey the pet by-laws) but no correspondence about the fire door issue.
What responsibility does the committee have to fire door compliance and to ensure the building remains safe? What steps should they be taking to ensure this happens? And what further steps could I be taking to encourage the committee to observe their responsibilities?
Answer: The first thing is to lay out very clearly for the committee what they think the body corporate needs to do and why.
The committee has ultimate responsibility here.
What should the owner do?
The first thing is to lay out very clearly for the committee what they think the body corporate needs to do and why. That should set out very clearly the statutory basis for those suggestions. If needs be, the owner could lawyer up – as that usually gets more attention.
If the committee fails to do something about it, the owner has quite a few options (in no particular order):-
- Stand for committee and take control of it from the inside;
- Write to all owners setting out their concerns;
- File an application for adjudication seeking that the body corporate comply with its statutory responsibilities;
- Sell their lot;
- Do nothing.
The armageddon options (which do depend on how strongly the owners feels about the issue) include:-
- Write to the body corporate’s insurer setting out their concerns (an issue is the insurer then disclaims the insurance);
- Ring QFES and file a complaint which leads to an investigation by them (and a fine or other order for works to be completed);
It is not that often there are that many choices!
Frank Higginson
Hynes Legal
E: [email protected]
P: 07 3193 0500
This post appears in Strata News #183.
Question: In our building, five fire doors in apartments failed due to unauthorised screen doors fitted to apartments. QFES has verbally advised us not to remove existing doors, but discourage others from being fitted. Where do we stand on fire door compliance and from an insurance point of view?
Our unit complex comprises 2 buildings with 25 units in each building. We recently had an inspection of our fire equipment and 5 fire doors in apartments failed because they had security screen doors fitted (without body corporate approval).
A QFES officer verbally advised our body corporate manager that the QFES would not require the security doors to be removed but that we, the body corporate committee, should encourage other owners not to install security doors over the fire doors.
The QFES officer declined to put his advice in writing and my concern as body corporate chairman is that, in the event of a fire, our building insurance cover may be voided.
Where do we stand on fire door compliance and from an insurance point of view? I would appreciate an opinion on my concern and also whether, if the insurance cover were voided, the committee could be held liable for failing to have the fire doors meet safety standards.
Answer: I am not sure of the legal position, but what it sounds like to me is that QFES knows this practice goes on and is in breach of the legislation, but doesn’t want to poke the bear of every body corporate in Queensland that has it as an issue.
To be honest, I am not sure of the legal position, but what it sounds like to me is that QFES knows this practice goes on and is in breach of the legislation, but doesn’t want to poke the bear of every body corporate in Queensland that has it as an issue.
To me, the answer is this:-
- It is a legal requirement or it is not. It is one or the other.
- The body corporate should get legal advice on that (sorry, yes that’s subjective, but it doesn’t necessarily need to be us as much as we are best placed to do it etc)
- When that legal advice is to hand the body corporate should act on its recommendations.
- If that means screens have to be removed, so be it. If not, then it doesn’t matter.
What I can assure you is that if there ever was a fire, and the body corporate was on notice of the alleged issue (which it is), the fingers may very well be pointed at the committee members for the failure to do something about it.
Another factor is the duty of utmost good faith when it comes to insurance and the statutory requirement to disclose known issues to the insurer. The next time the building’s insurance policy comes up for renewal, whoever is filling it out would have to be very careful about what boxes get ticked in response to questions about fire safety. And you can be certain in the post Lacrosse (in Melbourne) and Grenfell (in London) environment, fire safety in high rise buildings is a very sensitive issue.
If I was in the chairperson’s shoes I would do something about it or resign from the committee. There isn’t really much middle ground, as much as many would take the ostrich approach and keep their head in the sand.
Frank Higginson
Hynes Legal
E: [email protected]
P: 07 3193 0500
This post appears in Strata News #183.
Question: Who should pay for a replacement fire door for our apartment in Queensland? Is the lot owner responsible for fire door compliance?
I need to find out who is responsible for the replacement fire door at our apartment.
The door is:
- The main door to the tenants apartment.
- Is situated in a hallway that does not have security entrance.
- Was cracked from General Wear and Tear and was required to be replaced.
The body corporate is wanting us to pay for the replacement of the fire door. It took over 3 months for the door to be replaced. They have painted the door twice very poorly, and it still does not meet general cosmetic standards.
Should we really be footing the bill? Are we responsible for fire door compliance?
Answer: It comes down to whether the scheme is a building format plan (BFP) or standard format plan (SFP).
It comes down to whether the scheme is a building format plan (BFP) or standard format plan (SFP).
If it’s a building format plan (which it sounds like it might be) the body corporate must maintain in good condition ‘doors, windows and associated fittings situated in a boundary wall separating a lot from common property.’
Accordingly, if the door is situated in a boundary wall with common property on one side and the lot in the other, the body corporate will be responsible for its maintenance.
If the owner or occupier causes damage to the door, the body corporate will still need to carry out the necessary repair work but can then recover the costs of that work from the person who caused the damage.
Frank Higginson
Hynes Legal
E: [email protected]
P: 07 3193 0500
This post appears in Strata News #170.
Have a question about fire compliance or something to add to the article? Leave a comment below.
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Are you permitted to install a door video viewer in a fire rated apartment door.
Hi Richard
We have responded to your question in the article above.
What are the gap requirements around a smoke door .
And
If the gap Around the door when viewed from inside is within the requirements but when the same door is viewed from outside there is a larger gap due to a slight distortion of the door , is this door acceptable ?
Thank you .
14 commercial lots have glass fronts with a door in them (is this a considered a fire door?) with a special use/exclusive use area in front, some areas bigger some only path width but will not be covered for any repairs,locks or replacement. The 205 apartments have hotel type swipe key card locks some are dual key, so around 270 total doors. Should the commercial lot owners have been charged within levies for a new lock system, repairs, replacement and to make all the unit fire doors compliant to hotel standard? The building was classified originally as residential/commercial but Management Letting Rights/Caretaker is a hotel with a mix of residents and holiday units under a BUP and Accommodation Module. Lot entitlements & interest are same.
Would the front entrance/only doors be considered fire doors and the body corporate responsibility also?
Hi sujon
The following response has been provided by Peter Pedersen, Scanline Fire Doors:
This relates more to a building certifier as it depends on how the building was originally constructed and approved.
All fire doors are manufactured to AS 1530 and installed to AS 1905.1 So it doesn’t matter if it is residential or commercial.
Many residential buildings are now changing to electronic card readers, simply because it is easier and more convenient and also eliminates lost keys, specifically master keys.
The unit entry doors and isolated fire stairs are generally fire rated doors, with some common area doors as well. To identify a fire door, simply look for the compliance tag located below the top hinge at the hinge side of the door.
We gave 67 unirs Do we have to have a Fire safety audit done every year ? Or how often does it gave to be done to make sure we are insured?
Hi Tiana
The following response has been provided by Peter Pedersen, Scanline Fire Doors:
I can only advice you on fire doors.
In Queensland, you are required to have unit doors inspected annually as per The Queensland development code MP 6-1
A recent fire door inspection has revealed that the main fire door/entry to top floor apartment is non compliant due to not having a door stop fitted. The company has quoted on a door mounted stop which will be an obstacle in the middle of the floor. Previously they have quoted for this typ of door stop (downstairs) and proceeded to install a door mounted stop instead due to the high risk of damaging tiles. Please advise of the compliance or regulations for either type of door stop. The report states to ‘stop it hitting the wall’ which in this instance, it would not hit in any case!!
Q2 – some lot owners have added deadbolts and/or deadlocks to their doors. Is it the responsibility of the Body Corporate funds to rectify this? Alterations were made without advice, warning or approval.
Hi Karen
This response from Peter Pedersen, Scanline Fire Doors:
To answer your first question:
Either type of door stops are compliant.
If the door is not likely to hit anything, it may be possible not to have any door stops at all.
5.6.4 Travel-limiting devices
Every side-hung or double-acting fire-resistant doorset shall be protected by means of buffers, stops or other travel-limiting devices, to prevent damage in any installation where the fire-resistant doorset or its accessories could be subjected to forceful or careless operation. The travel-limiting devices shall be located so as to minimize strain or racking of the door leaf.NOTE: For the purpose of this Clause, a door closer is not considered to be a travel-limiting device.
Clearly you wouldn’t fit a floor mount door stop in the middle of the floor, a wall/door mount stop would clearly be the answer.
To answer your second question:
As the fire door is the common property, the Body Corporate can demand that the fire door is restored to its original condition.
Removal and repairs of deadbolts to make the door compliant is not available to all door types, a new fire door may be required, if the existing door has not been tested for repairs to be carried out.
If required Scanline Fire Doors would be happy to carry out a site inspection to determine the repairs required in regards to both issues.
All 18 units in our building have fire doors which are regularly checked by our fire safety management company. Under QLD legislation, I believe the fire doors can be held open by way of an approved automatic device that releases the door when a fire alarm sounds and thus enabling the fire door to do its job to slow the spread of fire. All fire doors are fitted with single action downward motion handles (which enable for single hand use) that allow for easy egress of the unit as per the QLD legislation.
A number of unit owners have installed key lockable insect/security screens which may or may not have such a downward motion handle but all have a key mechanism and thus require a two hand operation to open the door – one for the handle and one for the key – which will surely impede the rapid egress of the unit.
I have sought (and received various interpretations of the legislation) but I cannot get a clear and definitive answer – do these lockable screens doors comply?
Hi Mike
This response from Peter Pedersen, Scanline Fire Doors:
This product (Doorguard) is no longer available in Australia.
The only option would be to install a fire alarm panel and have wired magnetic hold open devices fitted.
This option may not be possible as the existing fire door would not be fitted with a reinforcement plate to fix the magnet to.
As a single occupancy unit door is not considered a fire exit door, so there are no requirements to have lever handles, (single handed egress) knob sets comply regulations. NCC D2.21.
Anything fitted to a fire door assembly has to be tested. As 1905.1
A screen door fitted to a fire rated door frame has not been tested.
A screen door fitted to a fire door in a unit complex would have to open out into the fire stair and will, therefore, be a risk for people exiting the building in case of an emergency.
Anything that could be locked from the inside, in my view should be avoided.
We have fire door with a 20 mm gap under it. The maintenance company are saying the door is at MP 61 apecifications with a nil fix. The it flow from the door makes the air conditioner cool our work area down to be freezing. Maintenance are still dying nil fix. Is this time for a PIN to be issued to rectify the item?
Hi Bob
We have received the following response from Tracey Wyber, Trackie Industries:
20mm appears excessive. We believe the threshold is under 10mm, however, being in QLD, I would check with the fire regulations.
I’ll also check with Peter from Scanline Fire Doors.
Hi Bob
I’ve heard back from Peter, Scanline Fire Doors:
If the doors are not asbestos, it would be a relatively easy fix, and may even be compliant!
Maybe if it’s on the Gold Coast or Brisbane I could go and have a look.
Admin: Peter’s contact details can be found above in the post.
Who is responsible for access to an apartment in a high-rise to check the fire doors?? Is it the Body Corp or Building Manager? The Committee Secretary is telling us that we need to access the apartments, when we don’t have legal access or keys.
Hi there,
Quick question, can a dwelling be tenanted if fire door needs replacement?
Hi Shaun
Thanks for your question. We have received the following reply from Peter, Scanline Fire Doors:
Depending on the defect.
If the door has a critical defect, It would need to be addressed within 30 days
However if the door is down for replacement as a part of building maintenance, and working as required, I don’t see a problem.
Maybe you can clarify why the door is in need of replacing?
There is a lot of confusion about entrance doors to each unit certainly in Melbourne most are merely flimsy internal doors with some flexible fringes that makes them poor quality smoke doors, if they lack a compliance plate they are not a fire door.
The main front door to our apartment block is also the fire exit door. We have an intercom security locking system in which the door can be unlocked from each apartment. The door can be opened from the inside by the handle but entry from outside is by use of a security key (unless unlocked from an apartment by intercom). The door is also automatically unlocked when the fire alarm is activated.
However, the keyed lock is of a deadbolt type and it is possible to accidentally deadlock the door either from the inside or the outside, thereby effectively preventing egress even if the fire alarm is activated. The alternative egress is via the garage roller door (auto raised in the event of a fire alarm. Should the fire be in the garage itself, then occupants could be prevented from safely exiting the building.
The builder is denying responsibility for the incorrect locking mechanism (it’s a 3 year old building) and we have been advised that the whole front door needs to be replaced as a replacement, non deadlocking locking mechanism cannot be fitted to the existing door cutout.
The question is, should the builder have complied with any regulation in regards to this problem? Previously, he had failed to comply with the correct fireproofing of the basement garage which required him doing extensive work after 2 years of occupancy being given.
Hi ferntreegullyrd
We have received the following response from Peter Pedersen, Scanline Fire Doors:
Assuming that the building in question is a 3 story walk up with basement carpark.
The door in question is more than likely not a fire rated door, however, if it serves as a designated exit for both carpark and units, it cannot have a deadbolt fitted, as the occupants will effectively have no means of escape from the building.
In your question “Q: We have been told that our fire doors have “excessive gaps” and don’t comply with the Australian standard. Is this true?” the stated standard of compliance for clearances should be AS1905.1-2015.
Frank…two more Qs re firedoors for your consideration please.
1) If the firedoor was damaged by a previous, but unidentifed owner by installation of a security peephole and neither the body corporate nor Fire Services picked up on this defect until after the current owner has lived there for a couple of years, is the current owner liable for any rectification costs?
2) When you say “If the owner or occupier causes damage to the door, the body corporate will still need to carry out the necessary repair work but can then recover the costs of that work from the person who caused the damage.”, can the body corporate do this simply by debiting the owner’s account or do they need to pursue normal recovery action through the courts?
Hi Ross
We have received the following comments back from Frank Higginson:
1) The current owner will be.
2) This is through the courts.
I would like to know If a Security Screen door over a fire door is illegal ? Living on a ground floor unit where one unit has already been broken into. I have been told it’s a grey area and would like confirmation on this please. I live in Brisbane QLD.
Hi Anne
We suggest you have a read of this post: QLD: Q&A Fire doors failed inspection due to unauthorised security doors.
Thanks
Nikki
Hi,
How does this apply in the case of a fire rated door of an apartment though. That is referred to as a fire rated door, in that it has a self closing mechanism, which cannot be obstructed. For some reason, the fact that someone might put the deadbolt into an engaged state when the door is open, means that the door will not be able to self close as it will get jammed by the deadbolt. This is given as the reason for them NOT being allowed. Personally, and they admit that this is extremely rare, if an engaged deadbolt, slams against the metal frame of the door you’ll hear it. What is much more common is dropping something in the entryway as you are walking in, Especially with a heavy fire rated door that is slamming against you as you are entering. So dangerous when carrying a child, or for an older person. In addition, you may drop a scarf for example and not realise and the door, again, will not self close and you won’t even hear it. A much more common occurrence. The deadbolt issue is not related to escaping in case of fire, as there are plenty of single cylinder deadbolts, which do not have a key on the inside, but a simple turn knob, easily turned to escape. Yet, I am told all deadbolts are forbidden. The locks provided by the builder on my daughter’s apartment are not great, and easy to bump or pick also. The builder is also not providing any stairwell security in that anyone from the street can enter the apartment building. This leaves only the apartment door as protection against intruders. Yet they will not allow her to properly protect herself with a suitable deadbolt at least. Is this even legal? I read that ‘personal safety’ comes before security. However, someone breaking in and attacking me, I consider a personal safety issue.
The statement that “Deadbolts are not permitted on fire doors” is not supported by the Build Fire Safety Regulation 2008.
Division 3, paragraph 10 defines “Meaning of locking a door”. When a deadbolt is locked, the door is locked per the definition in the regulation. The regulation defines general obligations about locking doors in paragraph 11.
There is no general statement that a deadbolt can’t be fitted to a fire exit door or that the door can’t be locked at all, only that it can’t be locked when someone is on the internal side of the door.
There are restrictions on the types of locks that can be fitted in paragraph 12 “Locking doors—children in child care centres or persons in custody” which applies to child care services and where people are held in lawful custody in a building. Sub-paragraph (3) says:
“The occupier of the building must ensure that a door on an evacuation route of the building can not be locked in a way that would be likely to unduly restrict, hinder or delay a custodian for the occupant in opening the door.”
This does not apply generally, only to those restricted cases. So there does not appear to be any general restriction on fitting deadbolts to fire exit doors, only that they can’t be locked when someone is on the inside of the door.
If there is a regulation forbidding deadbolts on fire exit doors more generally, either currently or soon to be in force, can you please provide a reference?
Doors that are resistant to fire may also suffer breakdown as a result of constant use. There is no other good option but to conduct the right fire door inspection. To obtain the services of a door inspector for these special doors is an obligatory rule. This is done to ensure that doors would function properly in the event of a fire disaster.
A fire door inspector possesses the capability to carry out minor repairs and component adjustments to doors in order to make them pass the compliant status. They are consider the only the certified tradesman who are able to execute this checking on fire doors.
A primary element of any fire door set is called the door frame. This is a crucial part that needs to be installed properly. In addition, all fire door frames must be maintained according to the standards and must be subjected through a certified inspection.
Why should doors be given routine check up? They can fail when being used heavily. Some of these doors are placed in high traffic areas which are subject to frequent openings per day. Some of these doors can be found in hospitals. If there are at least 100 openings made for the door in a day, it would need not only a yearly inspection but at least one every 3 months. This would guarantee that there are no loose components and that the gap of the door from the floor is still in the allowed limit which is kept at certain measurements.