Investigative Journalism and Learning Hub - SP52948 finally forced to replace non-compliant fire door for Lot 158 ten years after the first complaint on 9 May 2016

----- Original Message -----

From:

SP52948 owner
To: Maintenance staff
Sent: Mon, 9 May 2016 19:50:01 +1000
Subject: Re: REQUEST Why is information about fire safety issues serious water leaks in SP52948 top floor hidden from owners


Thanks for the reply.

Do not count on BCS. My advise is that you try to keep your business intact and not endanger it by trusting parties without questioning. In due course you will figure out who is who in this complex.

Let me answer your notes:

1. It is duty of maintenance staff to notify owners about those major leaks and ensure that they make the final decision. It is their choice if they want them, or delay them.

There were 16 repairs in Lot 191 over last four years, for example. That is not smart investment of common funds. And it is not appropriate because the repetitive repairs just delay the inevitable.

It is therefore better to let all owners (not only those affected) know about large expenses before a major disaster strikes.

Same applies to roof membrane fixes on Block AS and C (they are overdue by several years). Same goes to garden bed repairs, and building painting...

This evening, lift in Block A is offline.I am sure some people will not be happy, especially since we had two major assessments telling us that we needed significant repairs starting in 2014! We require over two and a half million dollars for four lifts over next several years. BCS and EC members hide this shocking fact from owners since 2013. It is easy to guess what will happen when the news eventually surfaces. To make things worse, we do not have such funds and there will be lot of questions who managed the complex for many years and where was planning for Sinking Fund.

This year, we need to sort out roof membranes in Block A and C and building paintings. Once that is done, our budget will go down to around $300,000.00 in savings. That is shocking shortage of funds.

2. I cannot accept partial fire door fix for several reasons:

BCS cannot produce the details of the door manufacturer

BCS cannot produce details of the year of the door manufacture

BCS cannot produce details of the serial number of the door

These are three elements that are required on the door tag.

Adding to it the fact that the corner of the door is already chipped,that extra work is required to fix the gaps (door is unevenly cut), and that bottom lock has to be replaced due to several incidents with jamming (last repair was attempted three years ago), it makes sense to replace the door with brand new one and new lock and make it fully compliant.

3. Fire Safety is a very serious issue. Take a look at Coroner's report for death of a young lady in a rental unit in Bankstown in 2012. Strata Manager is now being investigated for criminal negligence.

Regards,

On 09/05/16 18:10, maintenance staff wrote:
>
> I was reluctant to reply to your emails, as I was under the impression that BCS was doing so.
>
> In answering to your enquires, I would like to inform you that regarding:
>
> 1.
> A Block top floor major water leaks - these leaks are the result of
> pin holes occurring on the hot water pipes running through the ceiling
> and the bulk heads of the kitchens. Due to the age of the pipe pin
> holes occur over time. To repair this NCB Plumbing is required to
> remove the gyprock in the affected area and replace/repair pipes. To
> replace/repair all the pipes on the 7th floor units, all kitchen area
> gryprock must be removed to do this. This is a major job. NCB
> Plumbing are replacing/repairing as required.
>
> 2.
> Regarding fire door - I have spoken to Peter from Fire Management who
> has informed me that he will be sending through a certificate
> regarding the work carried out.
>
> 3.
> Your concern regarding the gap on the fire door can be repaired with a
> fire strip. Please let me know when this is convenient for you. If
> you are still unsatisfied, we can discuss other options on how to
> rectify this issue.
>
> For your further information regarding the annual fire issues of
> previous years, I can not answer your enquiry, as I was not Caretaker
> at the time and only have been appointed since January 2015, at which
> time I have been following procedures accordingly.
>
> Regards,
>
> Macquarie Gardens
> 1-15 Fontenoy Road
> NORTH RYDE NSW 2113
>
> ----- Original Message -----
> From: SP52948 owner
>
> To: Gary Mills BCS Strata Management
> Cc: Mike Smythe BCS Strata Management, Greg Freeman Pica Group
> Sent: Sun, 8 May 2016 20:22:02 +1000
> Subject: Re: REQUEST Why is information about fire safety issues serious water leaks in SP52948 top floor hidden from owners
>
> Hi,
>
> One month later, BCS Strata Management, EC members, and Caretaker seemingly still hide information about major water leaks and pending repairs on top floor of Block A that I requested be dealt with.
>
> Second item: deliberate fire safety risks and lack of rectification of defective fire protection and essential services in April 2016. I personally asked EC members, to ensure professional rectification of documented issues.
>
> It turns out that for number of years, my fire door (and looks like number of other owners) was not properly certified after its replacement around 10-12 years ago, making my safety and others endangered. My door is still not compliant!
>
> BCS Strata Management was submitting results to City of Ryde without rectification work for years.
>
> My entrance never had a fire door compliance tag and the gap in various areas exceeds the prescribed values (although the previous checks "assured" us that it was relatively OK!?)
>
> In certain places between our fire door and the frame at the head and the stiles, the clearance is 7-8mm. In other areas, it drops down to 2-3mm.
>
> I insisted on full report and replacement of the fire door on 20 April if the information about the manufacturer's name, the year the door was manufactured, fire rating, and the item's serial number could not be found with 100% accuracy and the door was not meeting Australia standards. To prove that you had it, I asked for a copy from original strata files in that regard, which probably goes back at least 12 years.
>
> I actually prevented the staff on 20 April 2016 to put a full fire door compliance tag because they could not provide information required by law. I wonder if other owners know their rights too.
>
> I also require that BCS Strata Management provides me and all owners with full report of current fire audit.
>
> 1. All fire doors must be installed in compliance with the current national standards and requirements set out by the Building Code of Australia and the relevant Australian Standards (AS 1905.1 and AS1530.4). Failure to adhere to these codes can result in penalties, as well as additional costs in having to upgrade or fix your doors or installation faults.
>
> Some of the items to be recorded on the tag: the manufacturer's name, fire rating/resistant level, owner's name, certifier's name, the year the door was manufactured and the item serial number.
>
> A Compliance Tag must remain on the door for the life of the door.
>
> Correctly installing fire doors is a significant component of our building's fire safety plan and is essential in saving lives and preventing extensive damage in the event of a fire.
>
> 2. The information on the tags informs the history of the fire door. It must show the manufacturer and the date the fire door was made. It will also show the certifier and that the door complies to the Australian Fire door and fire door frame standards.
>
> This Standard of performance should be in accordance with AS1905 Part 1.
>
> 3. That means, under the provisions of the Environmental Planning and Assessment Regulation 2000 (EP & A Reg.), owners corporation failed to meet legal obligation to supply the local council and the Commissioner of the NSW Fire Brigades with a copy of the current Fire Safety Statement listing the fire safety measures applicable to our building and the Performance Standard relative to each.
>
> 4. A copy of the Fire Safety Statement must be supplied as soon as possible after being issued to the owner. Together with copies of certificates and statements, owners must also supply the Commissioner with a copy of the current Fire Safety Schedule issued to the owner by the consent authority specifying the fire safety measures that should be implemented in the building premises.
>
> 5. A copy of the Fire Safety Statement together with a copy of the current fire safety schedule must be prominently displayed in the building. This has never been done in SP52948.
>
> The owner corporation, to which an essential fire safety measure is applicable by virtue of a Fire Safety Schedule, must not fail to maintain each essential fire safety measure in the building premises.
>
> Owners and agents are responsible for the accuracy of details on the form and must sign the form. However, without supporting evidence compiled by a properly qualified competent person, it may be that the signatory leaves himself or herself open to challenge.
>
> 6. Some of the requirements from the Australian standards:
>
> * Only 3mm of clearance must be evident between the fire door and the frame at the head and the stiles; if more than a 3mm gap exists, the fire door will be non-compliant,
>
> * No more than 10mm and no less than 3mm of clearance must be evident between the fire door and finished floor; if more than a 10mm gap exists between the door and floor, the door will not comply with Australian standards
>
> * The sill of the opening must be made from a non-combustible product, such as concrete, >
> * The locks or closing mechanisms on each door have been fire tested and certified (remember, all fire doors must be self-latching); all furniture, handles and any other fixture fitted to the door leaf with must be tested/ and certified locks must have a 127mm back set,
>
> * No deadbolts (or similar locks) are installed on any fire door; this goes against the Building Codes of Australia is contrary to the Australian Standards and will result in non-compliance.
>
>
> On 11/04/16 19:29, SP52948 owner wrote:
> > Hi,
> >
> > As announced in short EC meeting in March 2015, repair of concrete cancer is finally going to happen, one and a half years after it was reported in professional audit.
> >
> > The other major repairs, apart from roof membranes in Block A and C, lift replacements, and building painting, are not proceeding as per recommended schedules.
> >
> > One other makes me very worried, not only due to undisclosed high costs pending, but the fact that investors and owners them are probably not told about it (at least two of them on Level 7 in Block A have no idea about it).
> >
> > See attachments and respond. Even NCB Plumbing is fed up with frequent repairs and, knowing that they are only patching things up, not repairing it properly.
> >
> > For the sake of owners corporation and preservation of common funds, please proceed with immediate maintenance and ensure that all owners are notified about it.