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.
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EmbedPlease 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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