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Topic
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We are a 32 unit strata in NSW and are seeking advice about how best to handle false statements given to the Fire Safety Officer of the local Municipal Council.
The officer relies on the SM to tell them the truth before issuing a fire safety certificate.
In this case the fire inspection company reported a fault which needed to be fixed in Feb. 2012 and in the same month the SM reported to Council that everything was in order.
However it wasn’t.
A year goes by and another report is given to Council that all was in order.
However once again the fault was not fixed and a fire safety certificate was issued.
We would like to point out that the certificate was issued on 1 March 2013 and the EC did did not meet until 4 March 2013 when they approved the work to be done for $ 3,000 to fix the fault reported in Feb,2012.
We also would like to point out that the work was finally done and paid for in Oct. 2013. The fault was an OC responsibility and paid for by the OC.
Aside from the Annual inspection, a 6 monthly inspection should be completed and in this case it should have been done in July 2013.
It wasn’t and after one member of the EC complained to the SM, the inspection was partially completed in Sept. 2013.
We say partially because a few pieces of equipment were not inspected and tagged.
Now the annual inspection is momentarily due again and some EC members do not want to use the same fire inspection company that the SM is having come around to inspect again.
What can we do about it.?
Some EC members feel that the SM has been negligent as they probably made the false claims to Council to avoid a fine and possible ensuing fines.
Is there an organisation that one can complain to about this situation?
And most importantly, what if we had a fire during this time?
Would our insurance company have covered us.?
There was another unit fire in Rhodes today which they expect could have been a gas explosion.
Any advice would be greatly appreciated ASAP.
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Replies
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Felix – I assume that you’re referring to your Plan’s Annual Fire Safety Statement, where a properly qualified contractor can undertake the requisite site inspection and provides their Report to the Owners Corporation or their Agent – in your case the Strata Manager; right?.
You claim that the Strata Manager then uses that Report to complete the Owners Corporation’s Annual Fire Safety Statement, and falsely indicates that everything shown on the Building’s Fire Safety Schedule (issued with the original Occupation Certificate for the building) is complaint, and with no faults; right?
If all that’s correct, then the Strata Manager is making a false declaration, and fines and insurance implications aside, your Owners Corporation is legally the “principal manager” and the organisation ultimately responsible, and therefore needs to regain control of its destiny!
I wouldn’t suggest running-off to the Council just yet as that may end badly, but I will suggest that the “concerned” Members (min 30% req’d – ref Cl 7) of the Executive Committee (E/C) requisition the convening of a Meeting ASAP, where a Motion should be put to engage the services of a different contractor to undertake the site inspection, that their resultant Report be provided directly to the E/C, that the Strata Manager be then instructed to accordingly complete the Annual Fire Safety Statement, to initiate any required works, and to return the Statement to the E/C Secretary for signature on behalf of the O/C and submission to Council.
Once everything’s under control, the Strata Manager’s conduct could be reported to the NSW Office Of Fair Trading who’s responsible for the NSW Property, Stock, and Business Agents Act which regulates their business operations and professional conduct.
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