Annual fire inspection of common property. When do we needs to do this? | Common Property | Flat Chat Forum: Your Questions Answered




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Annual fire inspection of common property. When do we needs to do this?
Boronia
Sydney NSW
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19/05/2012 - 8:50 pm
Member Since: 19/08/2011
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JimmyT
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22/05/2012 - 9:38 am
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Our good friends at Strataman.com.au (which is great if you want the letter of the law without the nuances and side issues we get into) say this about fire safety issues.

The NSW Environmental Planning & Assessment Regulation 2000 requires that "the owner of a building, to which an essential fire safety measure is applicable, is required to maintain each essential fire safety measure in the building".  Failure to comply with this legislation can lead to significant fines and possibly serious legal ramifications for those responsible.

Fire Safety measures include smoke detectors and alarms, fire dampers, doors and automatic sprinkler systems.

Moving on to the strata Act, it says this:

65C   What are the duties of an owners corporation in relation to fire safety inspections

(1)  A person authorised to carry out an inspection under the Environmental Planning and Assessment Act 1979 of a building or premises for purposes relating to fire safety may give a notice in writing to an owners corporation for a strata scheme requiring the owners corporation to ensure that access is provided, within a period or at a time specified in the notice, to the common property of the strata scheme and, if so specified, some or all of the individual lots in the strata scheme.

(2)  An owners corporation must comply with a requirement of a notice given to the owners corporation under this section.

Maximum penalty: 20 penalty units.

(3)  It is a defence to a prosecution for an offence against subsection (2) consisting of a failure to ensure that access is provided to a lot in a strata scheme if the owners corporation establishes that the owner or occupier of the lot refused to allow the access or could not be contacted by the owners corporation.

(4)  For the purposes of the Environmental Planning and Assessment Act 1979, access to a building or premises or part of a building or premises given to a person in accordance with this section, or in accordance with an order of an Adjudicator made under section 145 for the purposes of this section, is taken to be a permission given to that person by the occupier of the building, premises or part to enter the premises and carry out the inspection concerned.

If you refuse access, they can get a CTTT order forcing you to do do and then will probably charge you for a personal call-out fee to the fire inspector - which won't be cheap.

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