This article is about the benefits of good housekeeping for fire safety in apartments.
Table of Contents:
- QUESTION: Whose responsibility is it to take out the bins on a weekly basis? If I don’t do it, nobody does.
- QUESTION: Can my strata company fine me for keeping pot plants on common property?
Question: Whose responsibility is it to take out the bins on a weekly basis? If I don’t do it, nobody does.
Whose responsibility is it to take out the bins on a weekly basis? We have a communal bin area but each unit has its own bins.
No one else takes any action so it falls to me each week. If I don’t do it, they won’t get emptied. I’ve left their full bins and they just keep piling up their rubbish in the bin area or use my empty bin.
How do I get everyone to take their own bin out or take it in turns?
Answer: Constant reminders are needed to ensure residents are using the correct bins and taking them out.
If each unit has its own bins, they need to take out their bins and bring them back. It does assist if bins are clearly marked but the strata company may need to send constant communication to remind people to take out their bins. It can also be raised in the annual general meeting and documented.
Does your complex have a ‘Welcome Pack’? If so, bin requirements can be added so each new resident is also aware. When it comes to the communal bin store, unfortunately, constant reminders are needed to ensure residents are using the correct bins and taking them out.
Jamie Horner
Empire Estate Agents
E: JHorner@empireestateagents.com
P: (08) 9262 0400
This post appears in the March 2023 edition of The WA Strata Magazine.
Question: Can my strata company fine me for keeping pot plants on common property?
I am an owner-occupier. Can my strata company fine me for keeping pot plants on common property?
They have asked me to move my pot plants from my front door. They have been there for 9 years with no problem. Everybody got an email asking that we remove anything on common property including plant pots or they will issue a fine.
My pot plants are not a safety hazard. People can easily get passed them. Could you please tell me if strata can issue a fine if I reuse to move them?
Answer: The strata by-laws should determine if a fine can be imposed or not.
It is not clear if the pot plants are in an access way. If they are then they should be removed as they are a potential trip hazard and will be a source of fuel in the event of fire.
3.2 People who have control of a workplace or control of the access to and egress from a workplace, such as the building manager or site manager
Under Section 22 of the Occupational Safety and Health Act 1984, people who have, to any extent, control of a workplace must ensure, as practicable, that the workplace and all entrances and exits are safe so that people may enter, leave and use the workplace without exposure to hazards.
This section of the Act applies to a person who has any control of:
- a workplace where people who are not employees of that person are likely to be in the course of their work; Or
- the means of access to and egress from a workplace.
This includes owners and lessors of premises who may have no involvement with the work activity carried on by employers or others at the premises but have retained some control over the premises.
The duty imposed by Section 22 relates to the physical condition of the workplace and all access ways used to enter and exit, including roads, walkways, doorways and lifts. Areas of control may also include stairways, car parks and common foyers and gardens shared by tenants. Fire prevention and control and emergency evacuation would be part of the duty to ensure that people at the workplace could exit safely.
Section 22 duties are limited to the areas that are under the person’s control and it is important that the areas of control are clearly defined in contracts between parties.
In many instances, an employer will have control over their own premises and the responsibility for the means of access and egress to and from the premises. In this case, the employer must also ensure that anyone else’s employees are not exposed to hazards on the premises. The employer’s duty to provide his or her own employees with a safe working environment still applies and includes the specific requirements listed on the previous page.
The following checklist is a brief outline of the legislative requirements for the person who has control of a workplace or control of the access to or egress from a workplace.
- Emergency evacuation procedures have been developed.
- Fire prevention and control equipment have been provided.
- Entrances and exits are safe and all tenants and any other people at the workplace are able to exit safely, for example, the exits actually work and are not obstructed.
Greg McCulloch
FVS Services Group
E: greg.mcculloch@fvs.com.au
P: 0413 228 224
This post appears in Strata News #406.
Have a question or something to add to the article? Leave a comment below.
Please note this advice was provided prior to the proclamation of the new strata title amendments and will be updated in due course.
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Reference the plant pots,, we can relate to a possible need to add some beauty to a door surround. I think in cases such as this one a photograph would assist. Also is it a separate unit, on an internal corridor, and a separate semi private entry path. this info. would assist in a more definitive answer I also suggest that the first place to look is the Strata By-laws for guidance and a catchup with the Strata Council members who should be readily available. The placement of the pots in a common situation and after 9 years, being told to move them suggests. The 10year plan requirement has opened up eyes. I. agree fully ref. the safety angles and clear access at all times is essential.
Unfortunately I have found there are not many owners or tenants that have knowledge of the By-laws etc and this is where a active Strata Council and Management is essential . I suggest that the Council members carry out a monthly inspection of their premises and advise on their findings. Also a active news letter assists.
As Greg has already stated all strata schemes are a work place for some contractor. Focusing on the possible strata issues, the fact that the pot plants have been there for some time doesn’t mean they can remain there.
The strata company is charged with the responsibilities under section 91 of the STA – General Duty.
specifically “control and manage the common property for the benefit of Lots”. This may mean that in addition to the pot plants being a hazard to tradespersons, the pots may represent a hazard restricting access or escape in the case of a fire, represent a restriction of access for disabled persons IE – wheelchair.
The keeping of pot plants in the common property area may contribute to water spillage due to overwatering, emit smells, attract insects etc. So there are a number of reasons why the pot plants should be removed.
Specific by-laws may also place limitations and responsibilities on Lot owners or occupiers who are also bound by the by-laws in force. If the matter needs to go to the tribunal, fines could also be enforced.
Sorry Shane, I think you may have misconstrued what I was attempting to say. Believe I may have taken things to a different safety level. Not one where a workplace occurs through work carried out on a strata property, as per the article above but to the question of whether a strata company itself will need to comply With WHS legislation. There is a distinction and a new concept for WA.
I completely agree with everything Shane said, that is not in dispute. Shane mentioned the 1984 Occupational Health and Safety Act and I took the opportunity to advise that there is new legislation about to be promulgated that we all need to consider.
I have now attached links to documents including the Work Safe model Code of Practice 2018 and refer you to Part 4,2 pgs 178/179 of the Bill to see the importance of the Code of Practice especially to evacuation plans.
I also point you to section 20 of the Bill, management or control of a workplace and section 21 management or control of fixtures, fittings or plant in a workplace.
My layman’s interpretation of that would be that a Mixed use strata company needs to review their bylaws to ensure ‘control’ of common areas remains in the hands of a CoO keeping it Residential and does not pass through a bylaw to the control of a commercial lot.
Hope this clarifies my intent. More than happy to stand corrected if my interpretations of below are incorrect.
https://www.kottgunn.com.au/updates/corporate-and-commercial/work-health-safety-bill-2019-introduced-wa-parliament/
https://www.parliament.wa.gov.au/Parliament/Bills.nsf/8F320741B83643A8482584BF000CF89B/$File/Bill155-2.pdf
https://www.safeworkaustralia.gov.au/system/files/documents/1702/interpretive_guideline_-_pcbu.pdf
https://www.safeworkaustralia.gov.au/system/files/documents/1901/code_of_practice_-_managing_the_work_environment_and_facilities.pdf
As a point of interest are readers aware that in 2019 a Workplace Health and Safety Bill was introduced to the WA Parliament?
This Bill will see WA finally adopt the Model WHS Act/Regulations/Code of Practice’s developed by Safe Work Australia back around 2011. All other States and Territories, except WA and Victoria adopted the model back in 2012/13.
The Code of Practice as set out in the Bill is admissible in a Court of Law, this will determine ‘what should be known’ In regard to safety it also points to AS3745 as providing further guidance. In other words if you are failing to comply with the Code Of Practice you will be accountable.
Additionally you can download from Safe Work a guidance to the Bill. This explains the new principle of ‘pcbu’ person conducting a business or undertaking. About halfway through that document it explains the grounds by which your strata company ‘may be’ excluded from WHS Act as it is coming. Not all strata company’s will meet the criteria.
As this is a national approach to safety you may find reading articles from other jurisdictions useful to gain understanding, simply google ‘pcbu strata’
Every strata company should be looking into whether they qualify or not! I have certainly raised it with my CoO.
I take my hat off to Westside Fire Services for their articles and have found no reason to question the information provided.
Why is greg McCulloch banging on about ohs on a workplace? Clearly the person lives at the property and isn’t conducting a business there…..
Hi Tim
Strata complexes are workplaces for all the contractors that maintain and repair the building’s services.
Greg McCulloch
Hi Norm, Thank you for taking the time to read my article.
You make a good point about clearance around fire safety equipment.
I wonder if other readers have suggestions on how we can all make our home and work environments safer.
Another safety item is the requirement to ensure that all installed fire extinguishers/hose reels maintain at least one metre of clear space around them (where location allows).
Putting items such as pot plants close to an extinguisher or hose reel can compromise ease of access.