Flat Chat Strata Forum Common Property Current Page

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  • #8395
    pmo

      Unless I cannot read plain English, unit occupants (including tenants) are personally responsible for common property fire exit notices and face an $11,000 fine if they are missing, under Section 183 of the Environmental Planning and Assessment Regulation 2000. Quote:

       

      183 Fire safety notices

      (1) If:

      (a) a building’s fire exit includes any fire-isolated stairway, passageway or ramp, and

      (b) a notice in the form at the end of this clause is not at all times displayed in a conspicuous position adjacent to a doorway providing access to, but not within, that stairway, passageway or ramp, the occupier of the part of the premises adjacent to the stairway, passageway or ramp is guilty of an offence.

      Maximum penalty: 100 penalty units.

       

      (One penalty unit is $110)

       

      NOTE that it refers to the “occupier”, not to the building owner or manager.

       

      I have raised the matter with the office of Anthony Roberts in relation to the current review of Strata legislation.

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    • #16567
      Jimmy-T
      Keymaster

        I think tenants in this case would be commercial tenants as I can’t think of any situation where a residential tenant would have any control over fire exit signs (but a commercial tenant might).

        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.
        #16572
        pmo

          The EPA Regulation makes no distinction between commercial or residential. It says the “occupier” of the premises adjacent to the stairwell is liable. Period.

          #16554
          pmo

            No need to rely on my interpretation. It is there in plain English for anyone to read. Section 183(1)(b) of the EPA Regulation at:

            https://www.austlii.edu.au/au/legis/nsw/consol_reg/epaar2000480/s183.html

            #16593

            Hopefully this piece of legislation is designed to be a ‘catch all’ and the interpretation of ‘adjacent’ means the actual common property walkway/firedoor that is used to access the fire stairs which of course means the owners corporation rather than the flat closest to the fire stairs.
            In addition to the commercial lots, I can only think of some old warehouse style apartments which also have the New-York style window fire escapes that this individual lot owner responsibility might be applicable to.
            But I would be interested to see how your contact interprets this….

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