FOR OFFICIAL RESPONSE AND ACTION: SP52948 Replacement of obsolete smoke detectors in Lot 158

Hi,

In accordance with SSMA 2015 Section 106 (Duty of owners corporation to maintain and repair property), obligations by Waratah Strata Management as listed in their contract with SP52948, obligations by Uniqueco Property Services as listed in their contract with SP52948, and Motion 19 at Annual General Meeting 2018 (strata affairs directly affecting Lot 158), it is requested that overdue replacement of very old smoke detector be completed as soon as possible.

a) The NSW Environmental Planning & Assessment Regulation 2000 requires that "the owner of a building, to which an essential fire safety measure is applicable, is required to maintain each essential fire safety measure in the building". Failure to comply with this legislation can lead to significant fines and possibly serious legal ramifications for those responsible.

The bottom-line is: everyone MUST comply with the fire safety legislation – no excuses

In an effort to protect residents from this risk, the NSW Government introduced the Environmental Planning and Assessment Amendment (Smoke Alarms) Regulation 2006.

As of May 2016, a legislative change came into force requiring that all smoke detectors MUST be replaced when they are 10 years old.

The requirement to replace smoke alarms is defined by law and also shown at Fire and Rescue NSW:

https://www.fire.nsw.gov.au/page.php?id=9218

Photos taken from two smoke alarms in Lot 158 show that one of them should have been replaced in 2005 (now 14 years after the due date), and the other one expired last year. Please verify that information.

As number of other units had their smoke alarms replaced from common funds (Lot 158 has full documentary evidence of it, including the invoices for the work carried out), it is requested that the same service be provided to Lot 158.

The law is that repair and maintenance of smoke alarms are an owner’s responsibility unless it was installed at time of construction (which is the case in SP52948).

It is requested therefore, for the safety of occupants of Lot 158 and all owners, tenants and visitors in SP52948 that replacement smoke alarms be organised as a matter of urgency in Lot 158 and every other unit as deemed necessary.

b) Today, a notice was put in all elevators (they should be on notice boards but that is a separate issue) that a group of owners, who did not provide access for fire inspection must do so next week.

Is this service provided without extra charge by Eagle Fire or will there be an extra cost to Lot 158 and other owners from common funds. If latter, then the owners who forced additional inspection must be charged for such service. Lot 158 is not willing to spend their levies on these repetitive actions.

c) It is noted, as it affects Lot 158 (and other owners too), that compliance with fire safety standards is lacking in various areas (photo and video evidence has been collected). Examples:

There are no displays of yearly fire compliance notices.
Lot of rubbish, building materials,and even paints are close or near the fire doors.
Many fire doors do not have proper notices, including warnings about penalties.
The worst example is Fire Door 2 below Block A, which is, among the other issues, kept open by an owner every day. Where occupants prop open the main fire door is a compliance issue for the Ryde Council to address through issuing of Fire Safety Orders and/or Penalty/Infringement Notices. The reason why fire doors are to be kept closed on a multi storey building is because the building needs to be pressurized for when there is a fire. Each floor needs to have a positive air pressure to stop a fire from spreading.

It is kindly asked that owners corporation completes all fire safety measures and rectification steps before requesting compliance approval from the Ryde Council. Evidence exists that Ryde Council was receiving false information about SP52948 compliance in the past.

Due to seriousness of fire safety issues, a response from Secretary of the Executive Committee of SP52948 is required and welcome.

Regards,

On 18/2/19 5:56 am, SP52948 owner wrote:

Hi,

Thank you for finally addressing the issue with missing compliance tag
on the entry front door of Lot 158 which existed since 2016.

This was a known issue and documented in yearly fire inspections but not
attended by owners corporation until last week.

The door tag is an integral component of a fire-resistant doorset
identifying the door.

Regards,