Having the right fire safety by-laws in place could save lives

Knowing the different fire safety by-laws that can be drafted for your property can reduce risks and neighbour disputes, and save money

“Committees and owners may not give much attention to fire compliance and safety until it is too late or a disagreement has already arisen between neighbours.” said Michelle Kumar, Solicitor at Kemps Peterson Legal.

To get a better understanding of how committees and owners can use fire by-laws to enhance community living and reduce costs, our team is here to guide those living and investing in strata to better understand by-laws that enhance fire safety.

Smoke penetration and habits that become a nuisance

Everyone has the right to enjoy their apartment and property, however, smoke drift often creates significant feuds.

“About one in 10 fires attended to by Australian firefighters is caused by smoking because butts aren’t disposed of correctly. There is no doubt, without the right safety precautions in place, smoking has a significant impact on property and endangers lives,” said Michelle.

Specially drafted by-laws aren’t out to stop smokers—they are mechanisms that increase safety and enjoyment of property- by placing restrictions on:

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Where smokers are allowed to smoke, outlining clear and designated common property areas for smoking

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How to properly extinguish cigarette butts

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Restrictions around leaving cigarette butts, matches, or lighters on the common property.

“In our experience, once a property has measures in place to deal with issues like smoking, people are generally pretty abiding. No one wants to risk the health of others and trying to get along and consider others is important in community living,” said Michelle.

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Fire safety by-laws

While fire safety is clearly outlined within the legislation, having a range of fire safety by-laws assists properties to meet safety standards and allocate costs when something needs fixing or goes wrong. The right kind of fire safety by-laws can prevent residents from acting in a way that reduces compliance or increases risk.

We can help place restrictions on all owners and renters from doing something that reduces the overall fire safety of a building or property, including not wanting to open up a private lot for a fire safety inspection. Implementing such by-laws helps communities to understand they have a genuine obligation to keep the property safe and risk-free,” said Michelle.

The KPL team helps properties excel in fire safety by drafting specialised by-laws that:

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Place restrictions on activities that reduce the fire safety level of the property

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Place restrictions on altering a fire door or lock

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Place restrictions on smoking within stairwells or close to fire exits

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Place obligations on the community to maintain fire safety equipment, including smoke detectors within their own lot and at their own cost

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Place obligations on owners to open up their private lots to assist fire safety inspections (with written notice).

False fire alarms

Whether deliberately caused, or triggered by something less premediated, the New South Wales Fire and Rescue false fire alarm call-out fee is $1,600. For some properties, having alarms set-off deliberately or without due cause is an issue that becomes extremely expensive. Consequently, who pays for the call-out fee becomes a major issue, one that can be avoided with the right by-law in place.

“No one wants to be hit with additional costs when something blatantly wasn’t their fault. We often have owners corporations who have reoccurring issues with false fire alarms on their property. Sometimes they are even set off on purpose. Our specialised by-law drafting, however, means we can assist to implement obligations should someone set off a fire alarm. For example, if you were smoking in the wrong spot and set a fire alarm off, the call out cost should sit with you and not be shared amongst every owner,” said Michelle.

By-laws drafting for false fire alarms help by:

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Placing obligations on owners or residents should they inappropriately activate a fire alarm

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Requiring an owner to be responsible for any costs associated with a smoke alarm that is falsely set off and results in the unnecessary attendance of the fire brigade.

Allowing lot access for local council orders

Local governments have a range of laws that they are allowed to enforce and operate under, including the Local Government Act 1993. Some of the regulations administered by local governments include safety requirements such as a Council Fire Safety order.

“Strata properties must comply with legislative fire safety requirements, like a fire safety order. However, having orders met often means having a qualified inspector enter private lots or apartments. While that seems like an easy request, people can be funny about this if they feel they have to partake in something they don’t want to or if they weren’t given proper notice and warning.

“Our by-laws drafting looks to help communities meet legislative requirements by making sure owners and residents know that they are obligated to do the right thing. For example, we draft by-laws that allow the owners corporation access to a private lot to comply with Council Fire Safety orders. Likewise, by-laws can stipulate that an owner is responsible for any costs associated with the rectification of fire safety defects within a lot. Having by-laws that deal with who is responsible for what is critical to achieving a successful property.

“Taking proactive action before issues happen is a huge step to making sure neighbours get along. When it comes to community living, being clear about obligations and requirements is the most straightforward and dispute free way to manage a property. Community living is a great place to live and invest, and specially drafted by-laws are a way of making sure strata living continues to be a good choice,” said Michelle.


PICA Group privilege customer offer

PICA Group privilege customer offer

Kemps Petersons Legal will draft a fire safety by-law to customers for a discounted fixed fee of $500 plus GST and disbursements.

Drafting the by-law and general meeting motion


Plus GST and disbursements

Non-customer offer

Kemps Petersons Legal will draft a fire safety by-law to non-PICA Group customers for a fixed fee of $600 plus GST and disbursements.

Drafting the by-law and general meeting motion


Plus GST and disbursements

Know what is included

Not all by-laws are the same

Book a free consultation today

When it comes to by-law and legal services, our team at Kemps Petersons surpass the rest with their expertise and competitive prices.

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Inclusions Kemps Petersons Legal by-laws Standard market by-laws Basic templated by-laws
Drafted by-law
Tailored to your specific property
Establish if additional by-laws are required to support this by-law
Alignment of new by-laws with existing by-laws to reduce contradictory by-laws
Alignment of new by-laws with existing by-laws to reduce contradictory by-laws
Professional advice
Outline rights and obligations of affected parties
Step by step guide to implementing the new by-law