Court orders Rockhampton Plaza Hotel unsafe due to fire safety risks

The operators of a Queensland hotel have been ordered by the Supreme Court to shut it down after a damning fire safety report which revealed a litany of issues putting any occupants’ lives at risk.

A Queensland hotel has been shut down and ordered not to re-open until it is repaired to a standard compliant with fire safety regulations.

Fire and building experts have deemed accommodation at Rockhampton Plaza Hotel “unsafe” because firefighters would struggle to contain a fire should one break out, according to court documents.

Injunction documents were submitted to the Rockhampton Supreme Court on October 11 by the Queensland Fire and Emergency Services (QFES) Commissioner against the hotel occupier, U-Way Investments, at 161 George Street, Rockhampton.

A postcard featuring The Plaza Hotel. in the early days.

Fire officers who scrutinised the building discovered a fire would spread rapidly and extensively.

“The lack of functioning fire detection and alarm system would make evacuation virtually impossible,” one QFES document read.

The fire doors were also dilapidated, delaminating and not self-closing, there was furniture, boxes and plants blocking, access to fire extinguishers, exit signs were not functioning correctly, and emergency lighting was missing in the public corridors of both buildings.

The hotel’s previous operator Chang Holdings was charged with 16 fire-related charges.

In arguing the charges at court in September 2022, Mr Chang claimed QFES personnel trespassed his building to carry out the routine inspections.

In the latest application, hundreds of pages of documents were submitted including various statements from QFES officers and a licensed private building certifier with a masters degree in fire safety design.

Fire exit doors and stairway at the Rockhampton Plaza Hotel.

The affidavits from the QFES officers stated they attended the premises on various occasions between February 19 2021 and the most recent being September 26 2023 to determine whether the premises met the fire safety requirements of the Fire and Emergency Services Act 1990 and the Building Fire Safety Regulation 2008.

On each occasion, it was noted the premises did not comply with many requirements, from issues with the fire safety doors, exit lights, external fire stairs, fire hose reels, smoke alarm systems and more.

‘RISK TO LIFE AND SAFETY IN EMERGENCY’

“The risk to persons in the event of fire is so serious that use of the premises as accommodation should be prohibited at the present time,” a QFES document stated.

Visible rust on the fire exit stairs at the Rockhampton Plaza Hotel.

Describing a September 26 visit, the premises was described as “unsafe for persons to occupy as it exists”.

“The risk to life and safety in an emergency places persons at risk of being unable to evacuate safely from the building and for fire personnel to rescue and fight a fire … the building is not suitable to assist firefighters in rescuing occupants and fighting any fire at the building,” according to QFES.

At each visit by QFES officers, all three occupiers were given a 30-day notice of compliance.

The current occupiers are U-Wey Investments, a company created in October 2022 by director Girlie Anne Ramos which took over management of the premises in April.

“Inspections in the last two years indicate that this occupier and previous occupier have not taken the necessary steps to maintain prescribed fire safety installations to a standard of safety and reliability in the building,” a QFES document read.

The Plaza Hotel in the earlier days around 2000.

The court documents stated fire officers’ notices, infringements and prosecution action in the magistrates court against property owner James Chang had no effect, and the premises remained to be unsafe.

QFES officers said Ms Ramos, who took over management of the premises this year, has made efforts however struggled to hire tradespeople willing to do the job.

FOUR IN 10 SMOKE ALARMS FAILED

The Plaza Hotel in the earlier days around 2000.

On September 26, QFES officers and the building certifier met with Mr Chang’s representative, Ms Ramos, and found 40 per cent of random smoke alarms they tested failed to operate and could not be heard in other rooms, no emergency lighting, fire doors could not be opened without force, each fire hose cupboard had penetrations and each floor had four large voids.

It is further noted the lack of an effective fire hydrant system coupled with the poor state of the external stairs would require firefighters to run hose lines up the internal stairs, which poses issues if the internal stairs were compromised, and the fire doors do not perform as intended.

Buffet dinner at U-Wey Dragon Hotel at Rockhampton Plaza Hotel.

The external stairs had concrete failure, rust, risk of structural failure and had been dislodged from anchorage points against the walls, and had been obstructed to be used for electrical and telecommunications storage.

The U-Wey Convenience store at Rockhampton Plaza Hotel.

Justice Graeme Crow, on October 24, prohibited U-Wey Investments from occupying, using or permitting occupation or use of the hotel, with the exception of a caretaker residing at the building while the premises remains non-compliant for the purposes of providing security and access to the building.

The order will cease to have effect when U-Wey Investments complies with the requirements of the notices issued by QFES and provides a certificate from a qualified building certifier.

U-Wey had opened a Filipino, Australian and Asian convenience store on the floor of the hotel and the U-Wey Dragons Hotel restaurant.

Both Facebook pages have not been active since July.

PREVIOUS HISTORY

Rockhampton Plaza Hotel's James Chang.

Chang Holdings, of which James Chang is the executive officer, was charged with 16 fire-related charges in February 2023.

The charges related to failing to take all reasonable steps to ensure Chang Holdings did not breach the Act by failing to maintain at all times a prescribed fire installation in the building to a standard of safety and reliability in the event of fire, namely fire doors, penetrations through fire resistant construction, fire extinguishers, fire hose reels, exit lighting and exit signage.

In arguing the charges at court in September 2022, Mr Chang claimed QFES personnel trespassed his building to carry out the routine inspections.

Under the Act, authorised fire officers are given the power to enter any premises to investigate whether or not fire safety measures and fire prevention measures, including the implementation of a fire safety management plan, have been undertaken or are being maintained.

He was ordered to pay $44,137.60, made up of $4004 in professional costs, offender levy $133.60 and a $40,000 fine.

In 2021, Rockhampton Regional Council were successful in their court case for outstanding rates and Mr Chang was ordered to pay $207,008.05.

Mr Chang fought the charges at the time, including stating he was going to write to the Queen to become a micronation and he was going to countersue, but he ultimately lost.

In 2019, Mr Chang unveiled plans for a $1.6 billion super hotel redevelopment that would include apartment hotels, a school, gymnasium, hotel management, five-level shopping centre, rooftop restaurant and entertainment venues that never came to fruition.