VIC: Q&A Stairwells, Fire Doors and Safety

VIC lot owners are curious about stairwells, fire doors and safety in strata buildings.

Table of Contents:

• QUESTION: While steps in our scheme have yellow luminous strips, is the committee required to install stair nosing to meet current safety (i.e., non-slip) compliance?
• QUESTION: As lot owners, we’ve been served a notice to repair our fire door after the building’s fire inspection. Who is responsible for repairing the fire door?
• QUESTION: Owners in our high-rise have removed their door’s self-closers. Who is responsible for ensuring the door is still fire compliant?
• QUESTION: Should an apartment front door be fire retardant and stamped with metal plate?
• QUESTION: A gas main outlet in our strata scheme is placed well inside half a meter from both a building and a visitor car space. The OC will not take action even though the gas main has already been backed into. Who is responsible for rectifying this dangerous situation?
• QUESTION: Is the body corporate responsible for smoke detector compliance certificates if the smoke alarms are hard-wired to the building?
• QUESTION: Which Act, Regulation or Code in Victoria specifies that a fire door must be kept closed except for normal ingress/egress?

Question: While steps in our scheme have yellow luminous strips, is the committee required to install stair nosing to meet current safety (i.e., non-slip) compliance?

I live in a 40-year-old inner-city development with 20 townhouses. The common walkways to each townhouse also, via paved steps, lead to several exists to the surroundings.

While the lip of each step is painted with a yellow luminous strip, is the committee required to install stair nosing to meet current safety (i.e., non-slip) compliance?

Answer: Given how inexpensive it would be to install stair nosings, it is recommended that the OC undertake these works as a matter of precaution.

There is no current requirement for an owners corporation (OC) to update original building safety/access items to comply with a more up to date version of a building standard unless they are undertaking renovation/construction works to these areas. If renovation/building works are occurring, the OC would need to update the relevant building areas to the applicable standard at the time of the renovation works.

Saying this, however, there have been several legal cases recently that have found an OC liable for damages because of failing to update building safety provisions. These are provisions that were originally compliant at the time of construction, but since then, changes in the building codes have made them non-compliant. Most notable is the case of Doherty v The Owners – Strata Plan No. 36613 [2021] NSWCATAP 285 (Doherty) where the court ruled that the OC is liable for resultant damages due to a currently non-compliant balcony balustrade that was compliant at the time of installation.

In this particular case, given how inexpensive it would be to install stair nosings, it is recommended that the OC undertake these works as a matter of precaution. This demonstrates the OC is going above and beyond its legal requirements in taking care of the safety of its residents, visitors and contractors who attend the property.

Paul Cummaudo
Roscon Group
E: info@roscon.com
P: 1800 767 266

This post appears in Strata News #695.

Question: As lot owners, we’ve been served a notice to repair our fire door after the building’s fire inspection. Who is responsible for repairing the fire door?

Our apartment building carried out their fire inspection. We are lot owners, and we were served with a notice to repair because “door handles were wearing” and “there is a crack in the door”.

Are fire-rated apartment front doors common property and the owners corporate’s responsibility to repair?

Answer: It is common practice within the industry for owners corporations to arrange the inspections of apartment doors and then refer any required repairs to the affected lot owners.

Determining what is common property and private property is predicated on your building’s plan of subdivision. These are unique to each building and something you need to ask your owners corporation manager about. However, we can note that it is common practice within the industry for owners corporations to arrange the inspections of apartment doors and then refer any required repairs to the affected lot owners.

Chris Chatham
LINKfire
E: Chris.Chatham@linkfire.com.au
P: 1300 669 439

This post appears in Strata News #689.

Question: Owners in our high-rise have removed their door’s self-closers. Who is responsible for ensuring the door is still fire compliant?

I own an apartment in a high-rise in Victoria. Some residents have disconnected the door closers on the door to their apartments. Owners state the closers are too strong, and the closers make it difficult to open the front door.

Should the building’s fire compliance inspector check this, or is the apartment owner responsible for ensuring these self-closures are compliant?

If a lot owner has a disability preventing them from operating their door with the closer attached, can a self-opening door system be installed by the owner to rectify this problem?

Answer: Occupants will create a defect if they remove the self closer.

Depending upon the building’s type of construction, apartment doors within Class 2 building are either fire doors or solid core doors, both of which are required to be self-closing. As such, the removal of the door closer by occupants will create a defect.

Concerning who should be handling the inspections for these apartment doors (the owners corporation or the lot owner), that is a matter for the owners corporation to determine. It is worth noting that AS1851: 2012 allows for fire doors to private apartments to be inspected annually instead of the usual 6-monthly frequency, which is useful.

For people with disabilities, yes, it would be an option to have apartment doors that electronically open and close. There may be a bit involved with retrospectively installing something like this in a building while still ensuring 100% compliance. However, such doors certainly do exist in buildings around Victoria, often where the apartment is occupied by a person who uses a wheelchair, for example.

Chris Chatham
LINKfire
E: Chris.Chatham@linkfire.com.au
P: 1300 669 439

This post appears in the October 2023 edition of The VIC Strata Magazine.

Question: Should an apartment front door be fire retardant and stamped with metal plate?

1. What is the fire regulation concerning an apartment front door?
2. Should an apartment front door be fire retardant and stamped with metal plate and should this door be checked every year?
3. Is it a fire regulation for a door closer to be installed on the apartment door?
4. Can a wire screen door be installed if it opens out into the corridor? If so, does the screen door need a door closer?

Answer: If the building design has required SOU doors to be fire doors then yes, all fire doors should have metal certification tags fitted on the door leaf and the door frame.

1. The BCA requirement for required exit doors to swing with the direction of egress does not apply to residential sole occupancy unit (SOU) doors.
2. It depends on the design of the building. If the building design has required SOU doors to be fire doors then yes, all fire doors should have metal certification tags fitted on the door leaf and the door frame and the fire doors need to be inspected in accordance with the requirements for inspection of fire doors as listed in the building’s ESM schedule.
3. All fire doors are required to be self-closing. So all SOU doors that are fire doors should have a self-closer installed.
4. This is not something that can be answered easily. It will depend upon the building design, width of the corridor, whether installation of the screen door compromises a fire-rated door frame, etc. It is recommended that a building surveyor be consulted before installing anything that may impinge upon a required path of travel or alter the building’s ESMs in any way.

Chris Chatham
Linkfire
E: Chris.Chatham@linkfire.com.au
P: 1300 669 439

This post appears in the September 2022 edition of The VIC Strata Magazine.

Question: A gas main outlet in our strata scheme is placed well inside half a meter from both a building and a visitor car space. The OC will not take action even though the gas main has already been backed into. Who is responsible for rectifying this dangerous situation?

A gas main outlet placed well less than half a meter from both a building and a visitor car space in our strata scheme. Laws require the placement of a gas meter to be at least 1 meter from a parking bay.

The gas main is largely covered by a plant with a 30cm black pole/bollard so it is not clearly visible. It is also well below drivers visibility.

The drive width is at the minimum requirement and turning is extremely tight. Recently, a van backed into the gas main and it burst. The issue was attended by the Fire Dept, Police and eventually gas people to repair. We were unable to enter the property for some time due to gas fumes.

The owners corporation have been notified and a renter requested that a full sized yellow bollard be placed at all illegal gas main points in the complex or that the gas main be moved. The Committee refuses to take any action and blames the local Council for passing the installation when villas were built.

The first pod of villas is mainly owner occupier and bollards are in place in the associated visitors car bay. The owners corporation has not returned calls. What action can be taken?

Answer: The owners corporation is required to ensure adequate protection of the meter and that any breaches of regulatory breaches of the meter site are remedied.

Installer/Council Liability:

Prior to the installation (particularly installation of gas meters in potentially dangerous locations) the appropriate compliance certificates and applications for acceptance should be satisfied. The location of the gas main/meter in these circumstances does not appear to be compliant with several Australian Building Standards, as well as the Gas Safety Act. This non-compliance could potentially render the people who installed the gas meter in the first place liable to breaches of the relevant codes and legislation.

It has been assumed the original installer of the gas meter has attained all the appropriate approvals, demonstrated compliance with the regulations and changes to the area surrounding have occurred post meter installation this option hasn’t been explored further. However, if this is not the case and the gas meter/s on the property have been incorrectly installed/approved, then this may be worthwhile to look at further to see if action may be brought against the parties who installed the meter. If there are no problems on the installers end, the owners corporation of the building will be responsible for the gas meter.

Gas Meter Requirements:

If a gas meter is in an area where it could be exposed to damage (i.e., vehicle impact, corrosion, or weather impact) suitable protection depending on the circumstances should be provided or the gas meter should be moved to a more suitable location by the provider.

The gas main is currently covered by a plant and a black bollard. The bollard will need to be modified so that it meets the requirements of the relevant safety standards. Further, the plant coverage may need to be removed as it could potentially be causing access, visibility and other obstruction issues regarding gas meters, and its roots could potentially expose the site to underground pipe damage.

Owners Corporation Responsibility:

As the gas main is in a common area, failure by the owners corporation to resolve the issues regarding the gas meter and to facilitate the adequate protection would see a failure to maintain legislated obligations and action may be taken by the owners within the premises.

It is the owners corporation’s responsibility to ensure the upkeep and maintenance of common property and areas. This responsibility will extend to the site of the gas meter in question. The owners corporation is therefore required to ensure adequate protection of the meter and that any breaches of regulatory breaches of the meter site are remedied.

Potential Liability:

It may be argued that if an owners corporation who:

1. Is responsible for the gas meter/main; and
2. Ignores the best practice guidelines by not installing a permanent visible bollard to prevent physical damage; and
3. an incident occurs bursting the gas main, and it can be established that a reasonable person would not have noticed the gas main near their vehicle
4. The body corporate may be found in contravention of the Gas Safety Act 1997 Victoria for ‘Negligently breaking’ a gas installation or meter assembly (S 79 D).

Recommended Course of Action:

If an owners corporation repeatedly fails to look after common property or owner’s interests and assets, owners can enforce the obligation, if necessary, with assistance of the Office of the Commissioner.

If the matter proceeds to litigation, owners corporation’s may be liable to lot owners for any expenditure incurred as a result of the owners corporation ignoring its statutory duty to maintain the common property. Lot owners may also be able to obtain damages resulting from economic loss, costs of repair and legal costs, under common law.

Relevant Standards and Legislation:

• AS 1596:2014
• AS/NZS 5601.1:2013
• AS 4645:2018
• Gas Safety Act 1997

GAS METER BOX LOCATION HANDBOOK (FOR GAS METER SIZES AL8 TO AL18) (atco.com)Gas Meter Location – Single and Multi Occupancy Premises (ausnetservices.com.au)

Within AS4645.1 appendix M a list of restricted and prohibited gas meter locations has been provided:

Peter Berney
Solutions in Engineering
E: peter@solutionsinengineering.com
P: 1300 136 036

This post appears in Strata News #575.

Question: Is the body corporate responsible for smoke detector compliance certificates if the smoke alarms are hard-wired to the building?

Answer: Terminology could be key here. If you are talking about 240-volt smoke alarms inside private apartments, then these are connected to the individual apartment’s electrical supply and any maintenance/compliance matters for them generally fall upon the apartment owner.

Chris Chatham
Linkfire
E: Chris.Chatham@linkfire.com.au
P: 1300 669 439

This post appears in Strata News #572.

Question: Which Act, Regulation or Code in Victoria specifies that a fire door must be kept closed except for normal ingress/egress?

Answer; A fire door cannot stop a fire if it’s open.

It’s logic. That’s how a fire door works. A fire door cannot stop a fire if it’s open.

Beyond that, you go to BCA à AS1905.1, which tells you how a fire door needs to operate.

Then your Occupancy Permit (OP) will list “fire doors” and the building regs required to maintain ESMs as per your OP.

There is an exception if it has a suitable hold-open device that will release upon fire detection.

Chris Chatham
Linkfire
E: Chris.Chatham@linkfire.com.au
P: 1300 669 439

This post appears in the May 2022 edition of The VIC Strata Magazine.

Have a question about fire staircase safety or something to add to the article? Leave a comment below.

Read next:

• VIC: COVID-19 Impact on Residential Buildings and Essential Services
• VIC: Q&A Owners Corporation is Not Carrying Out Repairs and Maintenance

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