Flat Chat Strata Forum Common Property Current Page

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  • #9372
    daphne diaphanous
    Flatchatter

      I have been trying to find which fire safety measures apply to our SP, which consists of townhouses & villas. The Act was clear as mud, so I looked up Fire & Rescue NSW web site, which only allowed me to identify the type of dwellings (1a under BCA) in our complex. There is a humungous maze of information on the net, but nothing for a complex like ours. Maybe I’ve used the wrong criteria, I don’t know. Can anyone help please?

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    • #21037
      Jimmy-T
      Keymaster

        I think that, because every complex is different, the provision of hydrants, hose reels, fire doors and exit pathways and all the paraphernalia of fire safety provisions is highly subjective and specific to each scheme.

        That said, I know there are calculations for the width of corridors that are contingent on the number of people who might need to get out in a hurry (one of the hidden dangers of overcrowding).

        I also know that that the council or fire brigade can come in and demand a Rolls Royce fire safety upgrade but end up being negotiated down to a Toyota Corolla version, provide that its safe and the work is actually done.

         

        The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
        #21040
        daphne diaphanous
        Flatchatter
        Chat-starter

          Thank you JimmyT. That explains why I couldn’t find anything specific on the net. Now I have another question. Our complex is in blocks of terraces with enclosed rear courtyards. The majority of the courtyards back onto wide, uninhabited outside spaces, mostly privately owned grassland. Is there a specific fire safety regulation for this?

          #20924
          Whale
          Flatchatter

            DD – To expand just a little on Jimmy’s post, your building’s compliance with then relevant Building Codes would have been assessed at the time that the original Development Application (DA) was submitted to Council, at which whatever’s deemed necessary for all aspects of safety is listed on a Schedule of Essential Services. When the building is completed, and before the Certificate of Occupancy is issued, whoever it was that installed and tested everything on the Schedule submits an Installation Certificate to Council, and I think to NSW Fire & Rescue / Rural Fire Service.

            Annually thereafter, a suitably qualified person is required to check all items shown on the Schedule, and certify that everything that’s required to be in place is, and that it’s all maintained and operating correctly. The Secretary or Strata Manager is required to co-sign that certification, to forward a copy to the Council and I’m fairly certain to the applicable Fire Authority, and to display a copy in a prominent location on the Common Property – such as near the entry foyer or on the O/C’s Notice Board.

            So that copy will indicate to you (and others) what essential services for safety (incl. fire) are required to be in place and properly maintained on the Plan, with that only ever changing if the building is further developed or substantially modified such that another DA is submitted, or if a Fire Order is issued by Council or the Fire Authority requiring additional or upgraded services in line with current Codes.

            As for the privately owned grassland, any fire controls or prevention measures in place would be the responsibility of NSW Fire & Rescue or the NSW Rural Fire Service depending upon your Plan’s location. So perhaps check with the closest Station.  

            #21043
            daphne diaphanous
            Flatchatter
            Chat-starter

              Thank you Whale. You make a lot of sense. We have never seen a fire safety certificate, nor do we have a notice board, although we do have a by-law requiring it. However, we have lodged a request to see the development consent with the local council & expect to hear from them in the next few days. After we have seen & copied the DC, we will request a copy of our by-laws from the Land Titles Office. And now, thanks to your advice, we will ask the council for the fire safety certificate too. As you might have noticed by now, there are many, many irregularities here. Whatever strata matter we look at, there is something wrong. These irregularities arise from JimmyT’s very aptly put “back of the ciggie pack” management style. But, we fear there may be more than lax management going on. Time will tell.

              #21047
              Kangaroo
              Flatchatter

                Daphne,

                I have forgotten your details. Could you please refresh my memory:

                1) What year was your scheme registered?

                2) How many years have you lived there?

                3) Are you on the EC, or get on well with them, or at loggerheads with them?

                It is often better to join the EC (if “allowed”), work from within, lead by example, instead of creating a confrontation. This note, and others of yours, sounds like you are stockpiling arms and ammunition for a hostile takeover.

                How do you know your scheme has a By-Law requiring a notice board if you don’t already have a copy of the By-Laws?

                As far as I know, you don’t just ask the LPI for a copy of your By-Laws. First you ask for a Plan Image ($12.15 from their online shop). Then you go through the Dealings listed on that and you ask for a copy of each dealing ($12.15 each), and from memory you don’t know until after you’ve paid your money whether the dealing was a Change of By-Laws or not.

                https://shop.lpi.nsw.gov.au/wps/portal/lpma/lpi-shop/searches/products/!ut/p/b1/04_SjzQ0sjA3NDEzs9CP0I_KSyzLTE8syczPS8wB8aPM4oOdnEJNHQ3NDA3MnV0MPA3N_EycQw29fEMN9YNT8_RzoxwVAV3kPD0!/

                Fire Safety Certificates and Annual Fire Safety Statements are only necessary for buildings constructed after the BCA came into effect in 1992, or buildings which have subsequently come to the attention of the Council or the Fire Brigade.

                https://www.survivalsolutions.com.au/files/Resource/25_afss-&-cert.pdf

                Unless you’re seriously concerned about your fire risk, I would think long and hard about getting the Council involved. As JT said, once they are involved, they can demand the whole box and dice, and that won’t endear you to other owners. It would probably be best to suggest the OC obtain a fire risk assessment from an independent fire safety company.

                 

                #21050
                daphne diaphanous
                Flatchatter
                Chat-starter

                  Dear Kangaroo, our SP was registered in June 1992 & no, we won’t be allowed anywhere near the EC. It is tightly controlled by the SM’s acolytes. We have lived here for a little over two years & have a copy of the by-laws, which appear to be pre-1996. We’ve had a minor confrontation with the SM in 2012 & have been observing the goings-on quietly until our AGM last year. We have no notification of ECMs or their minutes at any time. The AGM minutes don’t reflect the discussions. Our motion for an amendment to previous year’s minutes were put to a vote & defeated overwhelmingly (it was on the subject of the SM’s insurance commission prom the previous year). We are not confident of getting all the documents we ask for, therefore we are gathering external documents first, in order to understand what to look for. By-law breaches only apply to those outside of the acolytes’ circle. Do I need to add more? As for the fire safety inspections, the completely enclosed rear courtyards leave only one exit from those houses in case of a fire. We need to understand how that is meant to work. Our common property has many obvious hazards, which leaves us with no insurance coverage should someone come to grief (at least two of them are bad enough to cause fatality). Something is terribly rotten in the State of Denmark & we must find out what that is. I am very grateful for your advice regarding our future dealings with the Land Titles Office. 

                  #21056
                  kaindub
                  Flatchatter

                    daphne

                    i see a lot of posts from you. There is an old saying ” beware of what you wish for”. I think kangaroo made a similar point.

                    now that I have that off my chest (and please excuse my indulgence) I can provide some answer to your question regarding fire safety.

                    You already have found out the class of your building. The type of building you have is not subject to any fire codes. The reason is that the construction is such that fire cannot spread upwards to another dwelling, nor sideways (there are firewalls between dwellings).

                    you should be great full of this classification. Regardless of when your building was built, all buildings are required to comply with current fire safety rules. That means an upgrade and that is very expensive.

                    the building classification you have means you have minimum requirements i.e. none to meet.

                     

                    Robert

                     

                     

                    #21057
                    daphne diaphanous
                    Flatchatter
                    Chat-starter

                      Thank you Robert. I didn’t think we would have a great many regulations to comply with. One of our main reasons for buying in a complex like this was the likelihood of far less maintenance issues in the long term. The complex sits on flat land in a flat environment. Good for long walks as we age further (hopefully) & minimal maintenance requirements, relatively speaking. Having said that, we also expected to find harmony & good management. It certainly appeared that way, when we inspected our house with our strata infant eyes. You are right, I do post a lot. That is because I want to learn & understand what governs strata schemes & what we might reasonably expect. I read the Act & relevant rules & regulations on a daily basis. My next reading task will be the Civil Liability Act 2005. If we are to challenge our management (& challenge it, we will), we must possess relevant knowledge & documents. The advice & experience offered in this forum is priceless. At the conclusion of our quest, I am hoping to be able to help others, as I have been helped myself. In any case, it should make for a good yarn if we are successful. If not, we will cry quietly in our cups. So there.    

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