After the Fire: Could You Prove Your Building Was Compliant?
When a fire occurs in a strata building, the focus is understandably on the safety of occupants and the emergency response. Once the fire is extinguished, however, another important question quickly follows:
Can the body corporate demonstrate that it met its legal fire safety obligations before the fire occurred?
Queensland Fire Department investigators, insurers and, in serious cases, the Coroner will examine far more than the cause of the fire. They will also look at how the building was managed and whether reasonable steps were taken to protect occupants.
For many committees, the issue is not whether they believed the building was compliant—it is whether they can prove it.
Compliance is about evidence
Body corporate committees have a duty to ensure prescribed fire safety installations are maintained in accordance with the Building Fire Safety Regulation 2008. Following a fire, investigators will typically request documentary evidence demonstrating compliance.
Some of the most important records include:
- maintenance records for all prescribed fire safety installations;
- the annual Occupier’s Statement;
- records of identified defects and evidence they were rectified;
- the Fire and Emergency Plan;
- evacuation training and evacuation exercise records;
- Fire Safety Adviser documentation (where required);
- evacuation diagrams; and
- records of any fire system impairments and the measures taken to manage associated risks.
Without these records, it can be difficult to demonstrate that the committee exercised appropriate due diligence.
Common weaknesses identified after incidents
While fire protection systems are generally well maintained, investigations often reveal weaknesses in fire safety management rather than the equipment itself.
Examples include:
- outstanding defects that were not followed up;
- emergency plans that had not been reviewed;
- evacuation exercises not being conducted;
- staff or caretakers unfamiliar with emergency procedures;
- exit doors or gates that could not be readily opened during an evacuation; and
- poor record keeping.
These issues can significantly affect how the building’s fire safety management is viewed after an incident.
Independent verification provides confidence
One of the most effective ways for a committee to demonstrate due diligence is through regular independent fire safety compliance reviews.
An independent audit provides assurance that:
- legislative obligations are being met;
- maintenance records are complete;
- emergency management arrangements remain appropriate;
- compliance issues are identified before they become significant risks; and
- the committee has objective evidence that it has actively managed fire safety.
Importantly, it also provides confidence to owners, residents and insurers that fire safety is being independently monitored.
The question every committee should ask
If investigators arrived tomorrow following a serious fire, could your body corporate immediately produce the records needed to demonstrate compliance?
If the answer is “I’m not sure,” now is the time to review your fire safety documentation—not after an emergency.
Fire safety is more than maintaining equipment. It’s about demonstrating that your committee has exercised reasonable care and fulfilled its obligations to protect residents and visitors.
