Legislation Note ~ Flooring & Entry Fire Door Modifications in Units

FLOORING INSTALLATIONS AND MODIFICATIONS TO ENTRY FIRE DOORS IN UNITS

Owners thinking about changing the flooring in their strata unit from carpet to floorboards (or tiles) should be aware that the installation may impact the unit’s entry fire door that raises compliance issues and costs for which unit owners are responsible.

Australian Standards apply to fire rated doors and the integrity of fire doors must be maintained whenever modifications are required. This includes trimming the bottom of doors to allow for the added thickness of boards and underlay. Modifications must be carried out in accordance with the manufacturer’s specifications and by qualified personnel.

In NSW, model by-law 10 in Schedule 3 of the Strata Schemes Management Regulation 2016 deals expressly with the preservation of fire safety and states:

The owner or occupier of a lot must not do any thing or permit any invitees of the owner or occupier to do any thing on the lot or common property that is likely to affect the operation of fire safety devices in the parcel or to reduce the level of fire safety in the lots or common property.

In the ACT, there is no express reference to fire safety with regard to erections and alterations in units. However, the same obligations will arise from default rule 1.4 in the Unit Titles (Management) Regulations 2011 that requires compliance “with the requirements of any applicable territory law.”

Both the rules of an owners corporation in the ACT and the strata by-laws in NSW should include as a condition of flooring approvals, that the unit owner will be responsible for any modifications required to fire rated doors to accommodate flooring installation and for ensuring the integrity of the fire door is maintained and it continues to meet fire safety requirements.