MAINTENANCE OF FIRE SAFETY INSTALLATIONS IN BUILDINGS

 

 

Recent amendments to the Building Fire Safety Regulation 2008 (BFSR) and a new Queensland Development Code Mandatory Part 6.1 (MP 6.1) (“the Code”) took effect on 1 January 2009.

 

The Code sets out the requirements for maintenance of records for fire safety installations in buildings and contains a list of fire installations that must be in place.

 

What buildings are affected by the Code?

 

Commercial buildings, residential apartments and holiday/business accommodation buildings, as well as shopping centres, are caught under the Code.  There are some exceptions.

 

How will the Code affect occupiers and owners?

 

The Code requires the building occupant to provide a yearly statement to the Commissioner of the Queensland Fire and Rescue Service (QFRS), which confirms that the building’s fire safety installations have been maintained in accordance with  relevant standards.  

It prescribes who is required to sign the yearly statement and who is responsible to ensure that maintenance is carried out.

 

What happens if I am not compliant?

 

In addition to potential liability in negligence, failure to comply the BFSR (in accordance with the Code) can result in penalties, up to $3000.  QFRS officers have the power to audit and issue on-the-spot fines.

 

Does the following apply to me?

 

If you are an owner, occupier, property manager or body corporate manager of a building that is caught by the Code, you need to be able to make each of the following statements with certainty:

 

1.      The tenancy agreement specifies an agreed method of maintenance of fire safety installations in the building.

 

2.      I have entered into a (maintenance) contract with a qualified person (note: this is defined under the BFSR) to ensure ongoing compliance.

 

3.      I know with certainty about who is responsible to ensure that compliance is carried out.

 

4.      It has been determined who is authorised to sign the prescribed statement (under the Code) for the purposes of compliance.

 

5.      Dates are scheduled to carry out ongoing compliance.

 

6.      I am well aware of my obligations under the Code and BFSR.

 

7.      I am well aware of the manner and fashion required for record keeping prescribed by the Code and BFSR.

 

8.      All prescribed records are up-to-date, in order and readily available for inspection by a QFRS officer.

 

9.      If a “defect notice” has been issued against building, it has been dealt with within the prescribed time frame.

 

At Corney & Lind, our solicitors are experts in this area of law (and others).  We can address your concerns in an effective and professional manner.  Don’t delay further. Contact us today for clarity on these issues.

 

Date: 17 February 2009