Question: Our annual fire inspection indicated that two lots’ smoke alarms needed replacing. The secretary organised replacement at the owners cost without seeking approval from the committee or the owners. Is this correct?
Our annual fire inspection was carried out today. The smoke alarms in two lots need replacing. The secretary authorised the work to be carried out without consulting the committee members or lot owners. The secretary instructed the committee and strata manager via email that the replacement cost of the smoke alarms is payable by the lot owners (approx $420 each) and not the owners corporation “because all smoke detectors in the building in common hallways and units have to be checked and within date before the AFSS statement can be issued”. Can the secretary make this arbitrary decision without notice or agreement from the affected lot owners?
Answer: All fire protection at a scheme (whether on lot or common property) is the owners corporation’s responsibility.
In my view, because fire provision for strata buildings is governed by state planning legislation, generally, all fire protection at a scheme (whether on lot or common property) is considered to be the responsibility of the owners corporation. If your scheme adopts a common property memorandum, fire safety is expressly stated to be the responsibility of the owners corporation. In the absence of someone having damaged/defaced/removed from its point of installation a fire safety device, the owners corporation should pay, and, even in the absence of such interference, it is unlikely that the charge for replacement can’t simply be on-charged to a lot owner without the owners corporation pursuing such amount as a debt due in the relevant Court.
The owners corporation is ultimately responsible for submitting the Annual Fire Statement each year, and as such, would need all fire safety measures maintained, repaired and certified.
This post appears in Strata News #739.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
Where does the Schedule of Essential Fire Safety Measures come from? I have checked through all the documentation on file for our building with Willoughby Council and can find no information about this. Is it just put together by the contractor who does the fire safety inspections or is there somewhere else that determines the measures for each building?
Hi
The Q&As on this article should assist:
NSW: Changes in Legislation to Annual Fire Safety Statements (AFSS)
Hello, I have purchased a top floor unit in Kogarah NSW and noticed that there is no smoke alarm at all.
The unit is in a building built in 1974.
I emailed strata asking them to have a smoke alarm installed and their response was:
“As this is a requirement for within your own lot, you will need to organise to have the smoke alarms installed as soon as possible. Unfortunately this is not a strata cost and one that you will need to cover.”
Is it just me or is this response not helpful?
What is the requirement being referred to, how did the previous owner get away with not having one if the managing agent conducted annual smoke alarm checks, AND the owner of my unit was on the body corporate?
Can someone please guide me to what legislation is required in NSW as to what is needed in a strata title and what is the legal obligation of strata to conduct regular checks?
Hi
Chris Chatham, Linkfire has responded to your question in the above article.
Hi,
I own and live in a strata controlled flat with a 240v installed smoke detector. I want to remove it to accommodate new fans in the flat and replace it with a battery powered smoke detector. Is this legal? We have regular fire inspections organised by our strata company.
Thanks!
As per article above: The responsibility for the replacement of the smoke alarm is that of the owner and any smoke alarms in the common property would be that of the Owners Corporation. The smoke alarms “need to have supply from mains electricity or a non-removable battery with a minimum life expectancy of 10 years that is connected to the alarm.”
As long as it meets the above requirements, you should be able to move it.
Thanks very much!
You’re welcome though your electrician will know the ins and outs.
I am an owner of a strata unit and have a smoke alarm on the ceiling dividing the floors of the units and am trying to find an answer on who pays for the replacement of a smoke alarm – individual owner or strata scheme?
You have answered that the owner is responsible. However, I have read that the ceiling and the electrical wiring located in the ceiling are items of common property. In this case, should the smoke alarm installation and replacement be covered by the strata scheme?
Thank you for any clarification.
Ho Peggy
This Q&A above should assist:
Question: Our annual fire inspection indicated that two lots’ smoke alarms needed replacing. The secretary organised replacement at the owners cost without seeking approval from the committee or the owners. Is this correct?
Annual fire inspections just carried out.
Who is financially responsible for replacement of smoke alarms in a strata building – Owners Corp or individual owners?
Chris Chatham from Linkfire has replied to this question in the article above.
26/05/2020
just stumbled onto this website and have signed up,
important question from me:
any information re rules and regulations of company titles buildings??
thanks
frits
Hi Frits,
Thank you for your query in relation to Company Titled Schemes.
As you’ve responded to an article on smoke alarms I’m going to assume you’re referring to fire safety requirements.
That said, fire safety relates to the use of the building rather than the ownership structure e.g. Strata Titled, Company Titled, etc.
Cheers Pete
Hi Peter,
The strata fire services contractor did the annual fire safety inspection and test. My smoke alarm is over 10 years old so needs replacement. I understand I must hire and pay a licensed electrician to replace the smoke alarm with a new one, and provide the strata with a compliance certificate. Do I need to hire and pay a fire services to assess the new smoke alarm, and complete AFSS?
Hi Sandra,
Firstly, there is actually no requirement to replace smoke alarms if they are over 10 years old. This is a requirement under AS1851, which is not a requirement (in NSW – if you are not in NSW, then it may be required).
Secondly, if you undertake the replacement, it should be completed by a ‘competent’ person as defined in the EP&A Regulations 2000. This will avoid having another person go to test the smoke alarm. This certificate will need to be issued to your maintenance contractor and/or Strata Manager as it is required for the AFSS.
Hope this helps.
Vince Graham
Project Guides Pty Ltd
Hi Sandra
We received the following reply to your question from Peter Berney:
AS 1851 -2012 details the requirements for the replacement of the Smoke Alarm where the service life is exceeded. Whilst the Standard is best practice it is not mandatory in NSW, however, if required a suitability qualified fire service contractor should be able to replace the Smoke Alarm and provide documentary proof of compliance.
Hi Peter , I am a building manager for a complex in NSW.
We have interconnected fire alarms in each unit monitored by a fire panel in each block. I have been informed that due to the fact they are interconnected that it is the owners corporation responsability to pay for their replacement … furthermore our fire certifiers have said it is now compulsory in NSW to replace these fire alarms after 10years regardless of whether they are working or not … is this the case?
I woul;d appreciate any feedback as I have varied ideas about what has to be done to get this years compliance certificate…… Thank you
Hi Paul
We have received the following reply back from Peter Berney, Solutions In Engineering:
The answer is Yes it would be the Owners Corporation who pays for the replacement as they are part of an interconnected system. Yes these must be replaced every 10 yrs regardless if they are working or not.
Hi Nikki,
Just a quick note about the replacement of smoke alarms if over 10 years, this is a requirement under AS1851, which is not a requirement in NSW.
I still recommend replacing it, but the Owners should be made aware that it is their choice.
Cheers
Vince Graham
Project Guides Pty Ltd
Hi Vince
Thanks so much for this information.
Succinct and valuable article Peter. Most topical. Thank you.