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Topic
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I posted these questions on the end of another topic a couple of weeks ago but did not get a response. I am adding as a new topic hoping some one can help me with my queries;
- In our block (1970s NSW) the smoke alarms are battery operated and installed after construction. I am not sure but I believe they were installed by the OC, notwithstanding I take it from the information in other posts that the alarms would be the lot owners responsibility, is this correct?
- We have an annual fire safety inspection which includes smoke alarms. From information in other postsI gather from that these inspections are a statutory requirement. Is this correct?
- We have not been displaying the inspection certificate on the notice board. Is this mandatory and if yes could you advise where I find the requirement?
- If the inspection reveals the smoke alarm requires repairs, replacement or new batteries can the OC undertake the remedial action and then bill the lot owner?
- In the answer to 4 is No, what action can the OC take to ensure all the smoke alarm is serviceable?
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Replies
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Cobra – in response to your questions:
1) – As the smoke alarms are “stand-alone” within individual Lots and not hard wired back to a central control panel on the Common Property, then they’re the responsibility of the Owners of those individual Lots; so YES.
2) – Annual Fire Safety Statements arise from a physical inspection by a suitably qualified person, and are required wherever an Approval Authority such as a Local Council has imposed a Fire Safety Schedule on the Builder / Developer at the time of the building’s construction OR at the time of any significant alterations or extensions to that construction OR if some event (such as a complaint) has triggered an inspection by Council or by NSW Fire & Rescue and a Fire Safety Order is issued. So as your building was constructed in the 1970’s and Fire Safety Schedules only came into being in July 1988, then provided none of the “ORs” apply, your Owners Corporation would not be required to commission an Annual Fire Safety Statement; so NO.
3) See above
4) & 5) – Whilst the Regulation stipulates the types of smoke alarms to be fitted, where they’re to be fitted, and that they need to be working at the commencement of each tenancy within residential units, it doesn’t require the regular checking of those stand-alone models other than via annual media announcements urging residents to change batteries and/or check correct operation usually at the commencement of daylight saving time each year. So NO, unless your Owners Corporation (O/C) resolves at a General Meeting to not only continue with its annual “fire safety inspections” but to also concurrently undertake at its expense all necessary repairs to and replacements of faulty smoke alarms within Owners’ Lots – which is not a bad idea especially as those Owners are paying for it anyway via their Levy Contributions.
In conclusion – just because an O/C may not be required by Law to have annual Fire Safety Statements prepared, it’s a good idea in my opinion to have a general inspection of fire-related items such as portable extinguishers and smoke alarms on its Common Property regularly undertaken on a voluntary basis, and to include stand-alone smoke alarms within individual Lots provided access can be easily arranged.
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