Fire protection lease obligations and WHS Duty of Care
Hi, I’m seeking some help/comments from Corporate Real Estate professionals in Australia. We’ve been fine tuning the Fire Protection compliance matrix for our clients and their leasehold properties and were wondering if you could provide some feedback on the compliance matrix below.
Our clients want to ensure they are meeting their WHS Duty of Care obligations by ensuring that all fire safety equipment in their leased offices is being maintained. Is the following correct and does it make sense? (ACR = Annual Condition Report)
Case 1: Leaseholder is responsible for maintaining all fire safety equipment in the building.
In this case, the leaseholder is responsible for maintaining all fire protection systems. Are they, by extension, required to obtain the AFSS/AESMR/Form 3/Occupiers statement etc?
Case 2: Leaseholder is responsible only for maintaining the fire safety equipment in the leased office.
In this case, would a responsible leaseholder require
- An ACR (Annual Condition Report) to provide proof of meeting lease obligation to the landlord as well as meeting minimum duty of care obligations to staff.
- AND an ACR/AFSS/AESMR/Occupiers statement, depending on which state the property is in, from the landlord for the whole building so the leaseholder can show they are meeting Duty of Care obligations for their staff by ensuring the landlord is maintaining the common fire safety equipment in the building?
Case 3: Leaseholder is not responsible for maintaining any fire safety equipment
In this case, would a responsible leaseholder require an ACR/AFSS/AESMR/Occupiers statement from the landlord for the whole building so that the leaseholder can prove that they are meeting Duty of Care obligations for their staff by ensuring the landlord is maintaining the core fire safety equipment in the building?
Look forward to your comments and advice
Nigel Dalton-Brown, GAICD, AMIIA, MBA
Managing Director, Chair, Speaker, Lecturer, Author
Nigel is the Founder of Strytex and has been presenting and writing on Goverence, Obligational Awarenss, Risk Management and Compliance administration (GORC) since 2010.