NSW: Q&A Car Park Entrance Lighting in Strata Buildings

The LookUpStrata Team

5 years ago

This NSW article is about car park entrance lighting and Australian Standards in strata buildings and improving safety in the car park.

Table of Contents:

QUESTION: There isn’t sufficient lighting in the garage and common areas of our old building. Is the owners corporation required to improve this for the health and safety of residents?

QUESTION: Can we adjust the fire stair’s lighting to come on only when a door is opened or a sensor detects movement? We are a 46 story tower with two stairwells, so the savings could be substantial.

QUESTION: Our complex has been without lights in our very dark grounds for 3 months. There have been delays due to weather. While the committee tends to the matter, we’ve suggested temporary lighting. Does the OC have a duty of care to provide lighting?

QUESTION: To save on electricity, can we consider movement sensing lights in low use areas? Are there minimum lighting level requirements for halls and underground car parks?

QUESTION: Our building has been fitted with an abundance of fittings resulting in areas that are over illuminated. Does every socket require a globe?

QUESTION: Our strata complex has common property roads that are extremely dark at night. Are there Australian standards and/or Australian building codes that inform when lights should be on at night within these areas.

QUESTION: I live in a strata complex of 17 townhouses. If there are exterior lights and they are turned off at midnight and a resident or visitor has an accident will we be covered under our insurance public liability?

QUESTION: Are there any rules such as Australian Standards about the lighting of driveways or car park entrance lighting in strata buildings? Does the lighting have to stay on all night?

ARTICLE: Car Park Lighting: Get Compliant & Improve Safety

CLICK HERE TO BE NOTIFIED WHEN WE PUBLISH CONTENT TO THE SITE

Question: There isn’t sufficient lighting in the garage and common areas of our old building. Is the owners corporation required to improve this for the health and safety of residents?

Our building was built in 1963. Five garages don’t have any electricity. There isn’t sufficient lighting on the driveway and the common area between the garage and the front entry. I often don’t feel safe.

Is it reasonable to request that the owners corporation:

connect electricity to our garage so we can see and

improve the light in the common area

Is there any standard, regulation or legislation in NSW regarding electricity access or lighting for health and safety purposes?

Answer: The strata scheme would need to pursue a voluntary decision to implement lighting in the area.

We get this question quite a lot from owners or tenants with a bit of an axe to grind or a personal agenda.

It’s understandable that they would like lighting from the parking area to the door of their unit, but there are no clear mandatory references that support this requirement.

When the complex was constructed, if the buildings passed with no electricity in the garages, there is no retrospective requirement to change this.

From a WHS point of view, lighting can be a recommendation for traversing the common property at night, but it is very subjective, and no one can easily come in and determine how much lighting makes an environment safe vs the annoyance to nearby bedroom windows etc.

Unfortunately, I’m sorry there is no real useful answer for this query. The strata scheme would simply need to pursue a voluntary decision to implement lighting in the area.

Dakota Panetta Solutions in Engineering E: dakotap@solutionsinengineering.com P: 1300 136 036

This post appears in Strata News #651.

Question: Can we adjust the fire stair’s lighting to come on only when a door is opened or a sensor detects movement? We are a 46 story tower with two stairwells, so the savings could be substantial.

Are there fire regulations that say general lighting to fire stairs must be on at all times day and night, or can we install sensors and door switches so the fire stair lights only come on when required?

I am not referring to the ‘EXIT’ or direction signage and emergency lighting that, I assume, must remain on at all times. I’m asking about the general fluro / LED lights. We are in a 46 story tower with two fire stairwells, so there are substantial savings if lighting is only on when someone uses the stairs. Can we adjust the stairwell lighting to come on when a door is opened or a sensor detects movement?

Answer: There is provision for permitting lighting control settings, however, it sets strict conditions around activation times.

There is provision for permitting lighting control settings in BCA/NCC 2019; however, it sets strict conditions around activation times.

The success of such a system is contingent on the following:

Edition of BCA/NCC applicable (older editions may not permit this)

LED vs. Fluro currently fitted? Switching regularly destroys fluros in weeks rather than years, whereas LEDs are much less impacted.

How are the current lights wired? It may not be possible if the lights are wired together with emergency and exit lights. Switching will also isolate the battery charging function and make the stairs non-compliant.

I recommend the owners contact 2020 Fire and arrange a site inspection to assess the property. We can quote on the maintenance of the fire systems and work towards the best outcome for the building.

Rob Broadhead 2020 Fire Protection E: rob.broadhead@2020fire.com.au P: 1300 340 210

This post appears in the March 2023 edition of The NSW Strata Magazine.

Question: Our complex has been without lights in our very dark grounds for 3 months. There have been delays due to weather. While the committee tends to the matter, we’ve suggested temporary lighting. Does the OC have a duty of care to provide lighting?

Our complex has been without lights in our very dark grounds for 3 months. It is pitch black outside at night. The blame for lack of lighting has been the inclement weather. Now it’s been decided that the old lights will be replaced once the committee choose from 3 quotes. This will take time too.

My husband fell over a couple of weeks ago because he couldn’t see. Some residents have suggested temporary lights whilst we wait for the committee. This is so dangerous and there seems to be no duty of care considered.

Answer: Yes, the owners corporation does have a duty of care over the common property and based on your situation, it does sound hazardous.

This is not an uncommon scenario, particularly in strata schemes away from busy suburban areas with minimal streetlights and minimal light from neighbouring properties. It sounds like initially the Owners Corporation was set up with adequate lighting ensuring that at night, residents and visitors could clearly see their path ahead when traversing the common property. Given that this has now failed, yes, the owners corporation does have a duty of care over the common property and based on your situation, it does sound hazardous. Not to mention that the owners corporation is responsible for maintaining and repairing common property assets as required to keep the scheme in good order.

If an injury occurs, the owners corporation will potentially be found liable for the failure to maintain common property and ensure safe passage across common property.

That being said, it is also likely that there will be a question raised as to why, knowing the common property is in complete darkness, an individual would not make use of a torch as an aid to navigate the common property at night. Duty of care is something that we all share. For example, you wouldn’t drive down a long driveway at night with your headlights off. A duty of care for ourselves and others is a shared duty. Whilst the owners corporation is the custodian of the common property, an individual, particularly an owner, should also take care for their own safety.

We are aware of litigation cases where a visitor of a scheme (an owner’s mother) sued the owners corporation after an injury on common property and the courts awarded a portion of the liability to the lot owner who was the daughter of the victim making the claim. Proving that owners too have a shared liability on common property for themselves and others.

Your suggestion of temporary lighting is a fantastic idea and would be considered a reasonable step the owners corporation can take to mitigate the hazard until a permanent solution can be achieved. Short of this suggestion being made, there is not a lot else as an owner you can do until lighting is installed, other than trying to ensure your own safety at night by travelling with a torch, luckily, most of our phones these days have one.

Dakota Panetta Solutions in Engineering E: dakotap@solutionsinengineering.com P: 1300 136 036

This post appears in Strata News #587.

Question: To save on electricity, can we consider movement sensing lights in low use areas? Are there minimum lighting level requirements for halls and underground car parks?

Our building has 20 floors that are serviced by lifts with 7 floors of car parking underneath. Each floor has a number of lights permanently on. People are only ever in the hallways to go to or from their unit to the lifts, or to the garbage chute. The car park has had a number of fluro fittings replaced with movement sensing LED lights that are permanently on dimly and shine brighter with movement. These areas have no windows or external light source.

To save on electricity, can we consider movement sensing lights in these low use areas? Our building manager has stated that lighting is required. I have been in other buildings with only movement activated lighting.

Are there minimum lighting level requirements for halls and underground car parks?

Answer: A minimum level of lighting is required at all times.

There is an Australian Standard for internal lighting which specifies the level of lighting required. The level of lighting required differs with respect to the areas to be lit, the uses those areas are put to and the type of luminaire being used.

Exit lights are generally required to be on at all times. Emergency lights are required when an emergency occurs or on all the time depending upon the area and use (eg fire isolated stair or lobby) and so on.

A minimum level of lighting is required at all times and the building approvals at the time the building was approved will dictate what those were.

The Building Code of Australia allows for Owners to make changes to the lighting provided the current requirements are met.

Upgrades to the lighting which substantially change the way in which the lighting operates would require the the services of a lighting specialist and certifier to ensure that the relevant codes are met, particularly in relation to stairs, lobbies, hallways and circulation areas.

The requirements in these circulation areas are much more stringent and generally required to be brighter.

We would not recommend making changes to the lighting without the necessary approvals being in place.

QIA Group E: info@qiagroup.com.au P: 1300 309 201

This post appears in the April 2022 edition of The NSW Strata Magazine.

Question: Our building has been fitted with an abundance of fittings resulting in areas that are over illuminated. Does every socket require a globe?

We are a strata of 24 units. The building is to C3 standards. According to Australian Standard Lux levels, the required level of lighting is 40 to 100 lux.

The building has been fitted with an abundance of fittings, which if all are fitted with globes the area is over illuminated.

Do all fittings require globes for any legal reason?

Answer: The level of lighting required essentially depends upon the functions to be performed in the space that is to be illuminated.

Lighting is quite a complex issue.

Light emission decreases exponentially over distance, so at 1m from a light you will have one level of light and at 2m you may have half that.

The level of lighting required essentially depends upon the functions to be performed in the space that is to be illuminated.

Safe movement or orientation sits towards the bottom end of the scale and tasks requiring fine manipulation such as jewellery making sits towards the other.

Many spaces have multiple designations so it would be a must to obtain original documentation as to the levels and uses approved before making any changes.

In this instance we would assume that the lighting was approved with the current level of lighting and that altering it will have consequences from a safety and a legal standpoint.

We would recommend more energy efficient lighting and/or sensors be considered if the goal is to conserve energy and reduce cost.

Dimming the current level of light without a thorough understanding of what was approved or what the new lighting level will be, should be avoided.

I trust that the above is of assistance, if there are any further queries please let me know.

QIA Group E: info@qiagroup.com.au P: 1300 309 201

This post appears in the December 2021 edition of The NSW Strata Magazine.

Question: Our strata complex has common property roads that are extremely dark at night. Are there Australian standards and/or Australian building codes that inform when lights should be on at night within these areas.

Our strata complex of seventeen townhouses has common property road and driveways and gardens that are extremely dark at night.

Our current night lighting runs from dusk to midnight. Some residents feel that this lighting should run from dusk to dawn.

Are there Australian standards and/or Australian building codes that cover this?

Answer: If the lighting is original, it would be assumed it should be on during the night (dusk to dawn), if the Owners decide on any other lighting schedule they will need to justify same and would assume any liability that may arise if an incident occurs.

Without having been to the property we are only able to provide some general advice as follows:

I assume that the current lighting runs along the driveway

If the lighting was installed at the time of construction by the builder, we would assume it is part of the building approval and was intended to operate at night.

If the above is correct then the safest option is that the lights run from dusk till dawn and we would assume this is what was intended at the time of construction.

There are outdoor lighting standards for Public Roads and Public Spaces, Sports areas etc

The Public Road and Other public Areas Lighting Standard is AS/NZS 1158.3.1

Lighting along a road in a complex is generally considered Private and therefore lies outside the scope of this standard.

Unfortunately lighting requirements are a somewhat complex task to calculate and the Standard itself is a complex and very technical one.

If we assumed that the best fit was for the lighting category associated with ‘forecourts associated with cluster housing’ as per AS/NZS 1158.3.1, we would find that the lighting is assumed to be ‘maintained’ (on) at night.

I think the best way to proceed, if the lighting is original, is to assume it should be on during the night (dusk to dawn), if the Owners decide on any other lighting schedule they will need to justify same and would assume any liability that may arise if an incident occurs.

Moving forward the Owners should:

maintain the light fittings

ensure that vegetation does not cover them

if possible change the light bulbs to LED, to save power

consider installing a PE cell (photo-electric cell) which will automatically detect when dusk and dawn are and switch the lights on and off accordingly.

speak to an electrician or lighting sales company to see if there are individual sensor light fittings suitable for what is currently installed.

QIA Group E: info@qiagroup.com.au P: 1300 309 201

This post appears in Strata News #393.

Question: I live in a strata complex of 17 townhouses. If there are exterior lights and they are turned off at midnight and a resident or visitor has an accident will we be covered under our insurance public liability?

I live in a strata complex of 17 townhouses. If there are exterior lights and they are turned off at midnight and a resident or visitor has an accident will we be covered under our insurance public liability?

When looking at liability, do they take into account the residents in the building? So if you had a building that had the majority of elderly residents who might be more inclined to trip, is that taken into account at all or?

Answer: The short answer is yes

The short answer is yes. But I’ll expand on that a little bit further. So you’ve got two things to consider.

What are the terms, conditions and exclusions of the policy? Right, so the answer to that question is that there is no term, condition or exclusion around lighting in Australia policy. So there wouldn’t necessarily be an exclusion that would apply to that claim.

You need to consider risk management. If you think that turning the lights off is creating a hazard then you should consider whether, from a risk management perspective, looking at the risks versus the cost benefit, whether it’s worth keeping the lights on. If you have a claim, and that’s been brought to the committee’s attention, that increases your negligence at the time of the claim if someone is injured.

You can’t just look at it from ‘is it covered?’, but you also need to consider what the implications are if we don’t address this risk issue. Often it can mean a higher cost of a claim, and also subsequently, a more adverse claims history.

When it comes to a legal claim, obviously lawyers will put their arguments forward as to how much someone knows and did you breach your duty of care and so on? All of those things are factored into a claim and settlements and how solicitors run their arguments if they are suing the body corporate so definitely, every building is individual its own nature and you should consider what’s appropriate for your specific building.

Tyrone Shandiman Strata Insurance Solutions T: 07 3899 5129 E: tshandiman@iaa.net.au

This post appears in the August 2020 edition of the NSW Strata Magazine.

Question: Are there any rules such as Australian Standards about the lighting of driveways or car park entrance lighting in strata buildings? Does the lighting have to stay on all night?

Answer: There are rules as set out in Australian Standards: AS 1680 regarding car park driveway and entries that help transition the lighting level upon entry and reduces the effects of blinding.

Yes! There are rules as set out in AS 1680 regarding car park driveways and entries.

In basic terms, Australian Standards: AS 1680 specifies 800 lux for the first 15 meters of a car park entrance during the day and 160 lux at night, followed by 160 lux for the next 4 meters at all times. This helps transition the lighting level upon entry and reduces the effects of blinding.

Tracey Wyber E: tracey@trackieind.com.au W: Trackie Industries

This post appears in Strata News #276.

Car Park Lighting: Get Compliant & Improve Safety

Make your car park entry compliant to Australian Standards

Smart controls and good car park design plays a vital role in protecting vehicles and more importantly their human cargo. Most people don’t link road safety issues and good car park lighting together. One of the most common design failures can be seen in the entry and circulation lanes near the front entrance.

Temporary blinding due to strata building’s car park entrance lighting

When entering a car park, a driver’s eye must adjust quickly, adapting from the bright daylight conditions to the darker car park environment. This transition can lead to temporary blinding, making it difficult for the driver to react to obstacles or pedestrians. Car park entrances can often be located in high pedestrian areas, this temporary loss of clear vision is enough to create serious injuries.

Car park entrances have often been neglected in the design process and as a result, owners or managers of car parks can potentially face large litigation claims if accidents occur at entrances or exits where poor lighting has contributed to the accident.

One of the most common design failures can be seen in the entry and circulation lanes near the front entrance. The Australian standards AS 1680 specifies 800 lux for the first 15 meters of a car park entrance during the day and 160 lux at night, followed by 160 lux for the next 4 meters.

The Solution

Install a car park entry system that uses a twilight sensor to assess the outside light levels to communicate with a smart control lighting system that automatically adjusts the lighting levels to 800 lux in the day time and 160 lux at night.

Tracey Wyber E: tracey@trackieind.com.au W: Trackie Industries

This post appears in Strata News #255.

Have a question about Australian Standards and car park entrance lighting in strata buildings or something to add to the article? Leave a comment below.

Embed

Looking for strata information concerning your state? For state-specific strata information, try here.

After a free PDF of this article Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.