QLD: Q&A Fire Regulations and Fire Door Compliance

These Q&As are about fire audit and fire door compliance for QLD units.

Table of Contents:

• QUESTION: After installing a smart lock device to our main apartment access door, we discovered the installation was not allowed. Is there a good work around for the building manager?
• QUESTION: Are you permitted to shave off a section of a fire rated door? If so, what procedures do we need to take to ensure the door is Fire Safety compliant?
• QUESTION: At our recent fire inspection and my unit fire door failed to meet standards due to a deadbolt. I have friends with deadbolts on their unit door. Do rules vary for different buildings?
• QUESTION: When reading the QFES guidelines for a Class 2 building, our new block of units appears to be deficient in a couple of areas. Who Should pay to rectify this?
• QUESTION: What is the Body Corporate’s responsibility and authority to keep a fire exit doorway clear?
• 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: After installing a smart lock device to our main apartment access door, we discovered the installation was not allowed. Is there a good work around for the building manager?

We fitted a Smart Lock device to our access door for our apartment. The smart lock allows us to access the door using a pin code, swipe card or key.

A month after install, we discovered we are not allowed to fit anything to the door as it is classed as an egress fire door. We’ve offered to give the Building Manager a key or to modify the device to allow anyone holding the master key to gain entry. The locking device is fire rated.

Is this work around acceptable? The Building Manager is concerned.

Answer: Electronically locked doors must have a manual push-button release at the door which should be labelled “Emergency Door Release”.

Any door in the egress path within a building must be openable without a key from the internal side using one device that can be operated by one downward or pushing action using one hand. 

There are locks available that still restrict access entering the building but are openable via lever action from the inside. These types of locks are the most commonly used in these situations. 

Electronically locked doors must have a manual push-button release at the door which should be labelled “Emergency Door Release” to release the door. In some instances where a smoke detection system is installed, the electronically locked doors are interfaced with the detection system and released upon alarm activation. These are the only available option within the Building Code of Australia. 

Final, exit doors in a building are unlikely to be fire doors so the door hardware does not need to be fire rated. 

Stefan Bauer
Fire Matters
E: [email protected]
P: 07 3901 8203

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

Question: Are you permitted to shave off a section of a fire-rated door? If so, what procedures do we need to take to ensure the door is Fire Safety compliant?

We are installing flooring over a tiled entrance which is accessed through a fire door. To enable the door to open and close the fire door would need to be shaved. Is this permitted? If so, what procedures do we need to take to ensure the door is Fire Safety compliance?

Answer: If you need to remove more than a 10mm threshold, the manufacture should be able to alter the door to suit.

On average manufacturers have a 10mm threshold (lip) around the outside edges of a fire door that should not be compromised. Should more than 10mm be required to allow for the floor covering the manufacture should be able to alter the door to suit by removing the lip and reinstating it once the door has been cut to size?

Stefan Bauer
Fire Matters
E: [email protected]
P: 07 3071 9088

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

Question: At our recent fire inspection and my unit fire door failed to meet standards due to a deadbolt. I have friends with deadbolts on their unit door. Do rules vary for different buildings?

I am an owner-occupier of a unit (Class 2 building) built in 1989 & have had a recent fire inspection and my unit fire door has failed to meet standards due to the presence of a deadbolt. The deadbolt was put in place 18 months ago when I moved in and the fire audit 12 months ago failed to identify it as non-compliant.

I’m confused as I have friends living in units of similar age and in units in newer buildings who have deadbolts on their unit doors that are permitted.

Is there different legislation covering different units of varying age?

Answer: Deadbolts are not permissible on fire doors. Not every unit door is a fire door.

Not every unit door is a fire door. This is depending on the building design.

Deadbolts are not permissible on fire doors. The reason is that if the deadbolt would be extruded it would prevent the fire door from fully latching, therefore placing occupants and the building at risk. The primary lockset must be an approved lock for the fire door construction. A secondary lock can be fitted providing it does not compromise the fire rafting of the door.

Stefan Bauer
Fire Matters
E: [email protected]
P: 07 3071 9088

This post appears in Strata News #486.

Question: When reading the QFES guidelines for a Class 2 building, our new block of units appears to be deficient in a couple of areas. Who Should pay to rectify this?

Our new block of units appears to be deficient in a couple of non-serious areas when reading the QFES guidelines for a Class 2 building. The missing items seem to be things like written evacuation procedures and evacuation signage.

Our Body Corporate management company is telling us that the body corporate has to pay for these to be implemented. Surely the original owner, the developer from whom we all bought our properties, should have sold us our properties with these in place. As this did not happen, surely they should pay for these items? 

The developer appointed the Body Corporate management company and I don’t feel a lot of help may be coming our way.

Answer: The emergency plan for a building must be compiled by the occupier and can not be completed by the builder.

The emergency plan for a building must be compiled by the occupier and can not be completed by the builder. In other words, it’s the responsibility of the Body Corporate.

Evacuation Diagrams are usually part of the final certification and should be installed before a place is legally occupied. However. this is depending on the certifier. Some include the diagrams, others certifiers do not.

Stefan Bauer
Fire Matters
E: [email protected]
P: 07 3071 9088

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

Question: What are the Body Corporate’s responsibility and authority to keep a fire exit doorway clear?

What are the Body Corporate’s responsibility and authority to keep a fire exit doorway clear of vehicles. I understand it is not advised for us to tow however, this particular exit is the main one for a 12 story building and whilst it is unlikely we will need it, we do have a responsibility to keep it clear. Where do we stand with this?

Answer: Building Fire Safety Regulation places the responsibility on the occupier to undertake reasonable steps to ensure that a person does not obstruct an evacuation route

The Building Fire Safety Regulations section 7 – do not allow a “Person” to place a “thing” within 2m of the final exit outside of a building, or in any other place on the evacuation route that is likely to restrict, hinder or delay a person using the evacuation route.

When deciding if an object in an evacuation route is likely to hinder or delay a person, regard must be given to the number, the mobility of the person (s) that would use the evacuation route.

Section 8 & 9 of the Building Fire Safety Regulation places the responsibility on the occupier to undertake reasonable step to ensure that a person does not obstruct an evacuation route.

Stefan Bauer
Fire Matters
E: [email protected]
P: 07 3071 9088

This post appears in Strata News #483.

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 appropriately 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 appropriately 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 a 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 3071 9088

This post appears in the May 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 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 [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 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.

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 3071 9088

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.

Peter Pedersen, Scanline Fire Doors: 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:

1. 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
2. the fire safety issues; and
3. 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:-

1. It is a legal requirement or it is not. It is one or the other.
2. 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)
3. When that legal advice is to hand the body corporate should act on its recommendations.
4. 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.

Embed

Read next:

• Queensland cladding laws: The cladding bus has left the station
• QLD: Q&A Safety & Permissions for Car Park Storage

Visit Maintenance and Common Property OR Strata Legislation QLD pages.

Looking for strata information concerning your state? For state-specific strata information, try here.

After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.