Question: Is the owners corporation responsible for replacing an asbestos fire door that a previous tenant damaged?
An owner has requested the replacement of an asbestos fire door that a previous tenant damaged. Should the owners corporation be responsible for the door replacement, or should the cost be shared between the owners corporation and the lot owner?
Answer: The owners corporation should undertake the repair works with the consent of the owner at that owner’s sole cost and expense.
If the asbestos fire door is the front entry door, this is generally common property. While the owners corporation is responsible for repairing and maintaining the door, owners should not cause or permit damage to common property. In my view, since the tenant caused the damage, the owner should be responsible for paying for the replacement door. I recommend that the owners corporation undertake the repair works with the consent of the owner at that owner’s sole cost and expense.
This post appears in Strata News #763.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
I am staying in a 2 storey strata block with 2 exits on the ground floor built in 1970s in Sydney There are no changes and DAs since it was built. My questions are:
1. Are 2 or 3 storey strata apartments built in 1970s subject to EPA Fire Safety Order? I read somewhere, Fire Safety Order is not required for old residential buildings built before 1980s. In my suburb, I notice across the board, many old apartments are not fitted with the Essential Fire Safety Services like my block
2. As for the Annual Fire Safety Statement (AFSS), is it the Council’ responsibility to issue yearly reminders to the owner to carry out the AFSS? We received a Fire Safety Order in 2009 which we carried out and complied. After 14 years later, in 2023 we received the first AFSS request from the Council
This article should assist: NSW: Changes in Legislation to Annual Fire Safety Statements (AFSS)
Hi Rob
What year was the laws introduced for Fire Doors & what does it cover
is it the
1st the Lock
2nd the Hinges
3rd the Door Closuers
4th the Frame work around the doors
we are currently renovated a small block of six units which is built around 1970.
only two levels in front and three levels at the back and which is two garages on the ground level
what is the doors requirement for this kind of property regarding fire regulation ?
best regard
linda
Hi Linda
Do you mind clarifying. Are you a lot owner renovating a lot or are you representing the owners corporation, renovating the building?
Hi, my door was just replaced apparently due to non-compliance. Strata says the cost is not covered by strata because “ The unit is part of the common property. But somehow, someone repaired the timber unit door; repair/installed personal dead lock on the timber door in last 20 to 30 years ago without the approval by the Owners Corporation.”
I just bought the unit last year and nothing in any of the documents say the door is not part of strata or that it’s non compliant.
Is it really not covered by strata?
Thanks
Hi Beni
This similar NSW Q&A should help:
Question: A previous lot owner in our small scheme carried out unapproved works which have now been discovered to have caused damage to common property. How do we proceed?
I am a quadriplegic, living in ground floor apartment, recently had automatic door opening system placed on my apartment door due to inability to open the heavy fire door by hand, however the rubber seal on door frame is restricting the automatic door opening system from functioning. Door gets stuck when complex door (Glass Door) is left open creating a vacuum stopping my door opening, I have asked Strata nd building manager if seal can be removed but they never respond.
Fire doors have a compliance plate on the inner edge, many are not fire doors but just smoke doors.
I have been told I have to have an intumescent door seal installed on the front door of my unit that opens into the communal internal hall area. The door has remained the same since the unit was completed in 1996 but the fire services have only just recently decided this is now an issue. They seem to go from one issue to another issue each year in order to drum up business for themselves.
What are the legal requirements for the installation of intumescent door seals? Is there are legal requirement for how big the gap between door and frame is allowed to be? Has this suddenly changed? Why if the door was OK for over 20 years is there suddenly a problem? Who is responsible for the costs associated with the installation of the door seal? Thanks
Hi Missy
Chris Chatham, Linkfire has responded to your question in the above article.
Notwithstanding all this talk of whether security screens can or cannot be fitted to fire doorsets it has been settled by a Fire Certifier.. Screens can be fitted. Notwithstanding the building was constructed in 1974 and is in Queensland the determining factor on the fitting of screens is not determined by state legislation but by Australian Standards., and these standards apply nation wide. Hence, as a screen has been deemed ok for Qld they must be ok for all states.. And to add insult to all these writings the screen is screwed into a tagged fire door frame, has a keyed lock and has no self closer. The fire doorset gained a certificate notwithstanding all these assumed defects!
Hi, I live in a unit established in 2020. The front door fame is missing proper rubber, sound/air proof sealing. So does the door and the gap under is significant. I raised the issue with the agency (it is a rental property) and they have sent a building company representative to look into defects listed. He said that seal cannot be installed to the door frame and the door due to fire safety regulations. Previously i lived in a new building developed in 2015 and both the door and frame were sealed! I loved it as there was absolutely no sound coming from the lift lobby/corridor. Can someone advise please?
Hi Arthur
We have responded to this question in the article above.
Hi Vince, Theodore, & all,
In NSW the EP&A Regs require that all essential services are maintained such that performance is not degraded to less than that specified in the installation standard. The age of the building is irrelevant to that requirement, so these doors need to be assessed and serviced. Whilst a number of other States (QLD, SA, VIC) nominate the current maintenance standards (AS1851-2012, AS2293.2-1995, etc. NSW simply requires maintenance to provide minimum performance and in many cases this is actually more onerous than that of the maintenance standards.
1. every building should comply with the codes and standards in effect at the time of built/completion date. (there are some exceptions of course, like accessibility codes, … )
2. otherwise not a single building would ever get compliant!!
3. having said that if you modify, renovate, change, … anything, you must comply with the current codes and standards.
4. your best friend is a building certifier , private certifier whom will check, survey, your building and recommend any non compliant issues and upgrades necessary
5. seeking a second opinion always helps as in my experience certifiers tend to “translate” codes and standards differently
In NSW the pre-BCA constructed buildings were covered under Ordinance 70 and the BCA Part D requirements were simply an evolution of this. SDU entry from corridors has always forbidden screen doors for such SDU’s in NSW and there is no legislation in NSW calling for the application of AS1851. The legislation instead, requires maintenance to ensure that the performance of those particular services identified in the fire safety schedule, perform at not less than the performance requirements required by the original code and standards. This can sometimes be more onerous than AS1851-2012, but AS1851 is viewed as MINIMUM best practice.
For older SDU’s having solid core doors, these are usually cedar in the older units and they actually perform quite well in a fire test with FRL -/30/30.
The Local Council Building Fire Surveyor can issue a fire upgrade on any building where they have cause to believe that the building is deficient and this is usually triggered by a concern raised by an occupant or visitor, or after a NSWFR response.
Any owners corporation who endorses a lot owner to add inappropriate hardware to any SDU are taking upon the committee, responsibility for any non-compliance. In NSW the penalty for non-compliance is 300 penalty units / incident which is currently about $13,000 and this cost would be in addition to correction costs. So something to think about.
Hi Theodore,
It may have been a fire door, however, given the age of the door and the fact it isn’t tagged, there will be no way to determine if it is a fire door (other than to test it which will damage the door) and therefore if you want it certified, it will need to be replaced.
Additionally, the door of this age will likely have an asbestos core, so it might be best to have it removed if it is dilapidated.
Regarding whether you need to replace it, this comes down to the AFSS requirements in the EPA Regs. As the building was built in 1974, you may have no requirement to issue an AFSS so there may be no requirement to maintain the ‘Essential Services’ in your building. This isn’t to say that you shouldn’t.
If you have a Fire Safety Schedule and are issuing an AFSS, then yes you will need to maintain Fire Doors.
I would recommend seeking assistance by a Building Surveyor to provide site specific information that you can use to plan any works.
If your building is in Sydney, let me know and I can help out.
Cheers
Vince
Hi Ian,
Some correct points, however some incorrect points made above. Clause D2.21 doesn’t relate to SOU doors – this is for doors in the path of egress, which doesn’t include SOU doors.
SDU I think you mean SOU (sole occupancy unit)?
Other than that, yes always get approval for any changes to your SOU Fire Door.
Our building apartment was built in 1974. there are no fire rated tags on the spine of the entrance doors or garage internal doors. Does this mean these doors are not fire rated. do we need to upgrade to fire rated doors or are we exempt due to its age.
I would suggest that the advice above is somewhat deficient and the adviser appears to have limited understanding of the regulations.
Just to put a few things in perspective. The door to your apartment (SDU) is not yours but is common property as are your balcony doors and windows etc..
You cannot add any hardware or fitments without approval of the owners corp (additional lock, fitting a door chain, removal of door closer, etc).
If your door opens onto any passage used for emergency exit (common corridor or passage) – you must not prop it or chock it open nor inhibit the door from closing in any way (such as stop the closer operation) as this would allow breach of fire compartmentation. You cannot add any other door to the entry door portal as this would not allow the required single handed, single action exit through that door (BCA D2.21). If you do do these things then you are in breach of the Environmental Planning & Assessment Regulations Div.7 which carries significant penalties (of currently $13k/incident).
If we see evidence of screen doors or dead/barrelbolt multiple locksets, we cannot (nor can any CFSP) endorse for the AFSS.
I would suggest that any exit door which can be keylocked from the inside, should always retain the key when the room/apartment is occupied. If there is a fire or emergency, you don’t want to have to search for a key.
Hi Nikki
My question was more in relation to what are the fire safety requirements on a building that was built in the early 1970’s, in terms of unit doors, fire extinguishers , smoke alarms etc?. What are the legal requirements for an Owners Corporation? Or is this still a grey area?
Thanks
Nick
Hi Nick
The following reply from Peter Berney:
This issue is that in 1970 the requirements were very much driven by the local council rather than any form or national regulation. The owners best stop initially is the local council as any improvement system is still driven by the local council.
Our building was built in the early 1970’s and we are a self-managed Strata Corporation, as such we have tried to engaged the services of a ”Fire safety Company”, who could not advise specifically what we needed or did not need to be compliant to the NSW Environmental Planning & Assessment Regulation 2000 Part 9, regarding the initial Fire Safety Installation Certificate and the Annual Fire Safety Certificate each year after.
I was advised by them to call my local Council to get further information about our building fire safety requirements. The council had no information on this whatsoever and advised they had no staff that specifically looked after this area (Fire Safety). They then referred me to another website.
The questions remain is do we as a Strata Corporation have to do something or not regarding the initial Fire Safety Installation Certificate & Annual Fire Safety Certificate given our building was built in the early 1970’s? and if so what are the scope of works required?
Thanks
Nick
Hi Nick,
We have received the following response from Peter Berney, Solutions in Engineering:
Firstly there is no simple short answer to this question, and I hope to not bore too many with this response.
When looking at screen doors the strata needs to consider the need or desire for them and if there are not better ways to achieve the same result. This decision ideally should be made in advance of an owner making a request as this will ensure uniformity through the building.
Most owners will want screen doors for either improved airflow or improved security or both.
When considering this the strata needs to take into account the following issues both positive and negative.
· If the unit entry door is fire rated the strata must consult with their fire door maintenance company. The reason for this will be evident from the point below.
· The overall ‘look’ of the property if screen doors are installed particularly if some owners have them installed and some don’t. Consider that the Strata may need to specify the type and colour of the door to gain some uniformity.
· Who is paying for the door and any ongoing maintenance considering it is being installed on common property but is for the sole benefit of a single unit?
· Safety to others in the building having due regard for the width and shape of the corridor or walkway at all unit entries, not just the unit making the request. Can others pass safety past this door if it is left open particularly in the event of an emergency? Remember that at least some screen door closers can be set to hold open, others could fail and not self-close or the closer not be installed or be removed. As the door is fitted to the outside on the door frame the handle will protrude into the corridor and may cause a safety issue even if the door is correctly closed.
· Emergency services may have increased difficulty accessing the unit in the event of an emergency.
· Noise both from the door opening and closing and noise radiating onto the common property if the entry door is held open.
· Cooking odours, or smoke from cooking radiating onto common property affecting the comfort of others or triggering common property smoke detection equipment. Depending upon the fire detection equipment installed at the building it could result in unnecessary brigade callouts, and increased costs for owners, occupiers and Strata.
· If the door is needed for security, is it a type that offers better security than the existing entry door? Generally better security comes at a higher cost.
· Can the existing door be fitted with an additional lock to improve its security? In this the Strata will need to consider if the existing entry door contains Asbestos, and that the correct type of lock is fitted by the correctly licensed tradesperson if the door is fire rated.
· Can the Strata reasonably improve security into the building or site so that all occupiers receive the benefit over the entire building?
· If the door is fire rated having a screen door is an inducement to wedge or hold open the fire door. If this occurs an offence has been committed, and should a fire start in the area smoke, heat or fire could spread through this doorway. Fire doors can only be held open with an approved device which will not be possible in some buildings and will come at a high cost in one where it is possible.
· If the door is fire rated so is the door frame. Penetrating the frame for hinges and locks, adding door jams or seals, etc has the potential to affect the certification of the opening and may make it non-compliant.
· If the frame is fire rated only correctly licensed tradespersons can do alterations. The Strata must ensure that the tradesperson is correctly licensed and insured to work on fire rated installations.
From this most will have gathered that it is a difficult if not impossible process and in most cases, this is so. However, it may well be feasible and beneficial in some strata particularly low rise townhouse developments where most doors are not fire rated and the unit opens directly onto an open space.
Are all units required to have a fire door? our block is a 1960’s and only have ordinary wood doors that actually do not fit correctly, our body corp[orate are very loath to spend any money on anything if they can avoid it. Is the fire door the owners or strata’s responsibility?
Hi Beverley
Thanks for the question. We have received the following comment back from Peter Berney, Solutions In Engineering:
The requirements or otherwise of fire doors is clear. They must be maintained as approved at the time the building was passed for occupation. Either at the time of construction or renovation, unless the council has issued an improvement order at a later date.
In this case, if the building was approved without fire doors and no council improvement order exists, there is no requirement for them to be installed now. We would however strongly recommend that the existing doors fit and operate correctly. If any need to be replaced they must be replaced like for like.
Entry doors are generally the responsibility of the Strata as they are considered an essential part of the building.
Our building in Sydney dates from 1964, and our fire review in 2007 required every fire door to the units to have the closers. Civil Fire are very assiduous in ensuring all the closers work as directed in order to issue the annual certicate!
My building dates from 1972. Are the doors to each Unit, which are fire rated, obliged to have automatic door closers on them?
Hi Owen
We have received the following reply back from Peter Berney, Solutions In Engineering:
Yes they need to be self closing as detailed in AS 1851 Section 12 Table 12.4.3.1.
” I can’t think of any legitimate reason to fit a security door in front of a fire door….””
Really? How about security? Not being allowed to improve the locks etc. on a fire door (most entrance fire doors belong to the Strata) means that the only way to get additional security is to install a security door. Of course, this may or may not be objected to by the fire officer, but no legitimate reason? I don’t think so.
Tony Page