Four years after the Lacrosse Tower fire and less than two years after the deadly Grenfell Tower fire, the Neo 200 fire has refocused attention on combustible cladding as the country struggles to repair thousands of homes, offices, hospitals, and factories that have been discovered to be covered in the material. This has driven the Queensland government to enact stronger legislation to crack down on non-compliant buildings across the state.
Fire safety compliance is important for both businesses and property owners. By law, all properties must have a fire safety plan in place and all the correct equipment in working order. Taking precautions to understand and ensure all of the fire equipment in the building is compliant with the legislation, can help keep the occupants and property safe from the dangers of fire.
As a commercial property owner, strata manager or body corporate you are responsible for the safety of your employees and building occupants. Compliance when it comes to fire equipment and procedures is vital and will save lives.
What happens if you do not comply with fire safety standards in QLD?
Penalties for non-compliance with fire safety standards in Queensland can be severe. Businesses that do not have a fire safety plan in place can face fines of up to $250,000, and individuals can face fines of up to $100,000. It is important to take the necessary steps to ensure that your property is compliant with fire safety regulations.
Government bodies can issue notices and written advice to building owners to inform them of the laws that apply to their buildings. The notices and advice may cover a variety of topics. They may be issued by either the local council or the Queensland Fire and Emergency Services for this legislation, and they are usually issued in writing in each case.
Decision notice – issued by a local council when a building owner has lodged a development application.
Show cause notice – if a local council proposes to issue an enforcement notice. This notice requests that the building owner demonstrate why the enforcement notice should not be issued.
Enforcement notice – issued when a local council believes a building owner is committing a development offence. A development offence occurs when a building owner:
- fails to comply with the Fire Safety Standard within the specified time frame;
- performs building work without a development approval; or
- fails to comply with a decision notice issued by the council.
A compliance notice is only issued by the QFES if the occupier of the premises is required to take measures to reduce the risk of a fire or to reduce potential danger to persons, property, or the environment, or the occupier of the premises is required to take actions as directed by, or in accordance with the notice.
Failure to comply with these notices can lead to fines and other penalties. The maximum penalties are set by law and refer to a penalty unit worth $75.00. (as of June 2002). Here is the summary of penalties for various non-compliance issues.
Case Studies of QLD Businesses Fined for Non-Compliance
Businesses that do not have a fire safety plan in place can face fines of tens of thousands and even millions of dollars. Some examples of businesses that have been fined for non-compliance include:
Metro Community
In 2017, a Townsville company and body corporate, Reelaw Pty Ltd and Body Corporate for Metro Community Title Scheme 28454, were fined $42,000. The Townsville Magistrates Court imposed fines after the parties failed to ensure that the buildings they were responsible for met building fire safety regulations. The sentences were handed down following a successful prosecution by Queensland Fire and Emergency Services (QFES).
Failure to maintain prescribed fire safety installations and failure to comply with rectification notices were among the offences. These violations were discovered during a series of routine building fire safety inspections conducted by QFES officers.
Carlisle Body Strata
In 2018, Carlisle Community Title Scheme 9233 was ordered by Brisbane Magistrates to pay $21,000 plus costs after pleading guilty to 21 violations of the Fire and Emergency Services Act and Building Fire Safety Regulation at its Kangaroo Point 35-apartment complex. QFES provided Carlisle with numerous opportunities to resolve these violations, which posed a threat to the safety of those living in the apartments.
Nevgold Pty Ltd
Following a successful prosecution by Queensland Fire and Emergency Services (QFES), a Cairns hotel owner and their company were ordered to pay $28,900 in fines and legal fees.
Several issues were discovered by Safety Assessment Officers, including the nightly locking of doors on an evacuation route required to be used by accommodated guests in the event of a fire. In the event of an alarm, the court heard that guests would be directed along a path of travel leading to locked doors via exit signs, emergency lighting, and evacuation signs.
Wrapping Up
Fire safety compliance is a must for all businesses and buildings in QLD, otherwise, you run the risk of being fined and penalised by the government. These regulations are in place to ensure that all buildings in QLD have properly working fire protection systems in place that will protect all occupants. If you want to check whether your building is compliant with the latest fire safety standards, SAFE is more than happy to help you.
