- This topic has 4 replies, 3 voices, and was last updated 9 years ago by .
-
Topic
-
Hi i’m in NSW. I am having the most difficult time trying to get an expired smoke alarm replaced. Every piece of info online completely contradicts the next regarding owner vs OC responsibility.
I tried to get our caretaker to do it thinking I had to organise and pay but he said they were all expired across the complex and strata needed to do it. The committee flat out refuse to replace them and strata manger won’t respond.
The basic facts are:
it is hard-wired with battery back-up but NOT connected to fireboard/panel.
The building was constructed in 2005 and alarms have 2005 written on them. Someone told me if they were installed at construction, OC is fully responsible for maintenance and replacement after 10 years.
Fair Trading have told me OC is fully responsible if we have adopted their Common Property Memorandum. I cannot find this out and have asked and tried to go through paperwork to find out. What is the best source to find out if we adopted this?
Every other source I have found says I have to do it but no-one I call is willing to come out and touch it.
Can anyone give me 100% confidence on where I stand? Is there someone I can “dob” them into i.e council?? I don’t want to go mediation – I do it all the time and they just refuse to turn up and I lose a days pay every time. There has to be something else I can do.
If its a murky area should I just wait until they organise the next yearly fire inspection and tell those guys to check the dates. I’m surprised we have compliance certificates with out-of-date alarms..
Thanks in advance
-
Replies
-
Common Property Memorandum – To discover whether the OC has adopted the CPM you will need to look at the AGM Minutes.
Hard wired smoke detectors with battery back up – see this comment from the Strataman website:
Repair & Maintenance
Under current legislation, the Owners Corporation is responsible for repairing AND maintaining smoke alarms IF the smoke alarms are hard-wired to the lot’s electricity supply with a backup battery or connected to a common fire board or panel. However, if the smoke detectors are stand alone and battery-operated, then the lot owner (or tenant) is responsible for checking and changing the battery. Ultimately, The Owners Corporation is responsible for replacing or repairing a faulty smoke alarm.
Based on the details that you have provided I would think that the OC should be responsible for the repair and replacement of your scheme’s particular smoke detectors. I would write to the OC and remind them of their obligations. Another option is for you to raise a Motion prior to the next General Meeting for the OC to resolve at the General Meeting. This will circumvent the Committee’s inaction.
Do you know anyone else in your building who would support you in having this issue resolved?
The Office of Fair Trading Common Property Memorandum states at 3(h) that ‘smoke detectors whether connected to the fire board in the building or not (and other fire safety equipment subject to the regulations made under Environmental Planning and Assessment Act 1979)’
The Office of Fair Trading Common Property Memorandum link is here –
If your scheme has not adopted the OFT Property Memorandum then you could submit a Motion to be voted on by the OC at the next General Meeting stating:
That, in order to clarify the responsibilities for repairs, that the Owners Corporation adopts the Office of Fair Trading Property Memorandum.
(NB: You would need to include a copy of the Memorandum in your Explanatory Material.)
Incidentally, even if there is no CPM at your scheme the Owners corporation must repair anything in the ceiling.
I would assume that the hard wired smoke detectors that were installed in 2005 (at the time that the building was built) are located in the ceiling. This adds more weight to your argument that the OC should be responsible for the smoke detectors.
I used to work for one of the large electrical accessory manufacturers.
I have never heard of an expiry date for smoke detectors.
There are two types of smoke detector technology
One uses a reflective surface ( smoke and mirrors) so there is no wearing parts
The other type uses a nuclear isotope which has an extremely long half life.
Again no wearing parts
Maybe I am not up with tecnology but I have smoke detectors in a number of residential buildings which are over 20 years old and they work
Robert
kaindub – Fire Services recommend that you replace your smoke alarm (both battery powered and 240v hard-wired types) after ten years as it may start to fail after this period. A year of manufacture date is displayed on all smoke alarms.