Work Health and Safety Act 2011
Work Health and Safety Regulation 2011
CODE OF PRACTICE FOR THE MANAGEMENT AND CONTROL OF ASBESTOS IN WORKPLACES.[NOHSC: 2018 (2005)].
Asbestos is the name given to a group of naturally occurring mineral fibres which were used extensively in many products during the 1950’s and 1970’s owing mainly to the strength and insulating features of the fibres and their resistance to fire and erosion.
Non-friable means that the asbestos fibres in the material are held within a solid matrix and are less likely to become airborne – example: asbestos cement sheeting, fences and roofs.
Friable asbestos materials are usually loosely packed and can easily be crushed and become airborne. Examples of friable asbestos products include insulating rope on old oven doors, asbestos insulation and asbestos fibre blankets.
Buildings constructed after 31 December 1989 do not need to comply with relevant legislation,however if buildings constructed after this date have Asbestos, there is a requirement for those buildings to have a register and review the Asbestos Management plan at 5 year intervals.
If Asbestos exists the short answer is, yes. You need an Asbestos Register, Management Plan and labels/signage identifying the location of Asbestos. These are reasonable control measures that will minimise any associated risks.
If there is a significant change to the structure of the building, a review of the register and plan should be carried out. In accordance to the National Code of Practice at least every 5 years.
No. The Inspector may presume that the materials contain Asbestos and therefore risk management procedures must be applied on the presumption that Asbestos exists. If there is doubt however, we recommend the extraction and analysis at an approved NATA-accredited laboratory. The extraction process will take place by the Inspector during the inspection.
No. If the Asbestos is non-friable and in a good, stable condition, there is no need to remove it, however risk management procedures should be applied. If the condition of Asbestos is in a poor unstable condition, we recommend the removal of the Asbestos by a Licenced Asbestos Removalist.
In Queensland, it is a legal requirement to review the evacuation plan for your building on an annual basis. Due to this legislative requirement, we recommend that the property must be inspected each year to ensure ongoing compliance.
No, buildings classed 1a and 10, do not have to comply. All other types of buildings must comply.
YES – if you are unable to appoint an evacuation coordinator for your building, we can provide this service for you.
A Fire Safety Advisor is an accredited person who advises on appropriate emergency planning and is familiar with all aspects of building fire safety.A Fire Safety Advisor is required in all high occupancy buildings* listed in the Queensland Building Fire Safety Regulation 2008.
*High occupancy is classified as:
Occupiers Statement is a statement confirming that prescribed fire safety installations located in the building have been maintained in accordance to the relevant Maintenance Standard (AS1851 and QDC MP651). The Statement is to be signed by the Occupier in a body corporate scheme which is generally someone on the committee, onsite management or a fire contractor. The statement is to be kept with the existing fire records and a copy sent to the QFRS Commissioner each year.
An Insurance Replacement Valuation determines the cost to replace a building or structure to its pre loss condition state. This cost not only covers the cost of the building or structure but includes the cost of demolition, allowance for insurance agreement, retender process and time for construction taking into professional and statutory fees and escalation.
Body Corporate and Community Management Act 2008.
The Strata Scheme Management Act 1996.
Every five years. However, to determine when an Insurance Replacement Valuation should be completed, it is critical to take into consideration current market conditions and official consumer prices indexes. For medium and large buildings it may be necessary to review the valuation every three years.
Any material item required to replace the building to its pre-loss state. However it also includes items such as demolition and removal of debris, professional and statutory fees as well as external works which may include item such as fencing, gates and pools. It does not include land.
No – The valuation is only applicable to the building construction cost including external works such as swimming pools, fencing and landscaping.
The Insurance Valuation does not relate to real estate valuations. The valuation is only applicable to the building construction cost including external works such as swimming pools, fencing and landscaping.
It is important to have a realistic valuation so as to avoid:
Yes, based on this scenarioa requirement to have a pool certificate is triggered by lease of property or point of sale. The property would either have been bought with a current pool certificate in place or the new owner has 90 days from point of sale to employ the services of a Licensed Pool Inspector to issue a pool certificate.
Yes, as you are the owner of the property, it is your responsibility to ensure that the pool fence complies with the Pool Safety Standard. You are required to employ the services of a Licenced Pool Inspector and have a certificate issued to the tenant.
A shared pool is generally a pool such as those found in complexes. Examples include: Hotels, Motels, Unit Complexes, Retirement Villages, Caravan Parks and Backpackers etc.
A non-shared pool is usually found in a private dwelling. Examples include: Single standing homes, private pools found in townhouse complexes, spa pools found in private dwellings etc.
Shared pool certificates are valid for a one year period whereas Non-shared pool certificates are valid for a two year period.
The Inspector will issue you with a Form 26 – Non Conformity Notice that clearly identifies the areas of non-compliance and what actions need to be taken to ensure the fence complies. The pool owner has 90 days from the Non-Conformity Notice issue date to rectify the issues and contact the Inspector to re-inspect the property.
A Sinking Fund Forecast is a document set up to establish a reserve of funds which allows for the future expenditure on the replacement and/or repair of common property building components at the end of their expected life.
Body Corporate and Community Management Act 1997 (QLD)
Strata Scheme Management Act 1996 (NSW)
In accordance with the BCCM Act 1997 (Qld) and the SSM Act 1996 (NSW), effective July 2009 all Strata Schemes are required by law to have a 10 year forecast in place. These must be reviewed at least every 5 years.
It provides an allowance for capital costs that will be incurred in the coming year as well as creating a reserve for anticipated major expenditure that may occur over the following nine years. The sinking fund forecast will fix the amount of contribution to cover the capital expenditure by way of levies throughout the ten year period.
These will usually include, but not limited to, common property components such as painting, driveways/paths, carpets, roofs, lifts, door hardware, window fittings, pool furniture, letter boxes, shade sails, pool pumps, etc.
The maintenance of the balustrade is a body corporate responsibility. Under the Builders Units and Group Titles Act – “the body corporate duties regarding common property includes maintaining in good order and condition the protective barriers on or near the boundary” (eg. Railings, parapets, balustrades of the lot and common property …)
The roof membrane protects the building from water ingress maintenance. If the roof was Colorbond or roof tiles, it would be the body corporate/owners corporation responsibility to replace the material. As the waterproof membrane is to make the concrete slab waterproof, it is clearly the body corporate/owners corporation responsibility.
Unfortunately the guarantee is usually a product guarantee and does not cover faulty workmanship. It is generally the workmanship that causes the membrane to fail.
No, the maintenance of the external facade is a body corporate responsibility and therefore windows are included under this responsibility and an allowance must be made proportionally in the Sinking Fund Forecast.
In Queensland, the replacement of windows and balcony doors is the lot owners’ responsibility and in NSW it is the owners’ corporation.
Under the Work Health and Safety Act, management of risk is an ongoing activity. There is no stipulation as to the frequency of reporting. The industry standard for reporting is atleast once a year. An inspection and report is the first step when developing a risk management system.
A PCBU includes an employer, corporation, association, partnership, sole trader and certain volunteer organisations. For example, a volunteer organisation which employs a person to carry out work is a PCBU. However, a volunteer organisation that operates with volunteers and does not employ anyone is not a PCBU.
A requirement that a person/s act toward others and the public with watchfulness, attention, caution and prudence that a reasonable person in the circumstances would. If a person’s actions do not meet this standard of care, then the actions are considered negligent, and any damages resulting may be claimed in a lawsuit for negligence.
Contact one of our friendly staff and arrange for an inspection and report to be compiled. Alternatively use our online work ordering system or quote request system. The cost of a report will outweigh any litigation costs brought against the scheme for not exercising reasonable duty of care.