Emergency access in your park
03/11/2015
It is an operator’s responsibility to ensure that emergency service vehicles can access a park. We spoke to a park resident about the emergency access issues he faced in his park.
Can you tell me a little bit about the access issues you were having in your park?
We had problems for a while, and by a while I mean a number of years. Different resident committees over the years had asked our operator for street signage and proper maps. We also had concerns about how our after hours access worked. At our park we had an after hours bell that was meant to be monitored 24 hours a day, but it wasn’t.
After hours access was the key concern, because the issue is access for emergency services. In our park, access for emergency services is really important because probably around 80% or 90% of the residents are elderly. You also have residents with babies and if an emergency happens you need the ambulance, or whatever service, to be there quickly – you want to have that immediate access.
What was the operator’s response to your concerns?
The operator kept saying he was going to get street signs and do this and do that, but he was doing nothing.
The issue really came to a head when a resident in the park had a heart attack. The ambulance couldn’t get in, and the resident had to wake up her neighbour and ask her to go up to the front of the park to open the gate and let the ambulance in.
At that point our residents committee sat down together again because we all felt ‘this is now beyond a joke’.
We wrote our operator a letter explaining that we had asked him over a number of years for street signage and maps. We’d asked him to do something about after hours access and he’d done nothing. And now there had been a serious emergency that could have resulted in death. We explained that if somebody died, we felt he may be liable.
What happened next?
The incident and the letter we wrote acted as a bit of a trigger. Our operator must have realised then that he had a problem because we now have street signs. We also have a new manager and that probably helped too, because she takes this sort of thing pretty seriously.
In terms of the after hours access – they discussed lodging a security card with emergency services. In the end the operator installed a little lock box on the wall which has an emergency code to allow access through the boom gate.
The emergency code has now been shared with emergency services.
So has the problem of access been resolved?
We still do have some concerns, – although we have street signage and street names, they haven’t really re-numbered all the houses. And the numbering in our park is complicated!
There is absolutely no continuity of numbering. There is a traditional start at the front with number 1 which then goes through to 52. But then the second area the operator developed starts at 1A and goes to whatever... So it’s hard to follow.
For emergency services, who would normally use a GPS system, the address just doesn’t come up in their mapping system because we don’t have normal street numbering.
That really shows the importance of having a community map at the main entrance as well as street signage.
Yes, emergency services really rely on a good community map at the entrance to the park - it’s essential!
Is there anything else you want to add?
Just that you want to think about emergency access, and do something about it before anything happens.
Access under the Residential (Land Lease) Communities Act
There are three key sections in which access rights are set out in the new Residential (Land Lease) Communities Act 2013:
1. Section 39 Access to residential site by operator
In some circumstances the operator is able to enter a residential site and any home on the site but generally only with your consent or in an emergency.
2. Section 40 Access for tradespersons and service providers
The operator must take all reasonable steps to ensure that tradespeople are able to access a resident’s home to undertake work. An operator cannot restrict which tradespeople you hire, or require you to use a certain tradesperson or service.
3. Section 41 Access to community by emergency services (emergency and home care service vehicles)
It is the responsibility of the operator to ensure that emergency and home care services have unimpeded access to all homes in a community at all times. They are required to consult with residents and emergency services about access arrangements, and keep them informed of any changes. Finally they must also signpost a community (with street signage etc.) or have a map placed at the entry to the community.
Addressing access issues
The Residential Parks Act 1998 did not provide for a remedy to emergency access problems through the Tribunal. This made it virtually impossible to compel a park owner to provide or improve access for emergency vehicles. Fortunately under the Residential (Land Lease) Communities Act 2013 this has changed. Residents are now able to go to the Tribunal to resolve disputes about access issues with the operator.
If you’re having a dispute with your operator about access issues it’s a good idea to give your local Tenants Advice and Advocacy Service a call. They provide free advice and advocacy to all residents of caravan parks and manufactured home estates (residential communities), and are able to look at your specific circumstances and help you decide on your best course of action.