Legislation
The Highlights
These new requirements to be in place by 1st January 2022 for rental properties, necessitate the following measures: By 1st January 2027 for ALL residential properties in Queensland.
- Smoke alarms must be installed in every bedroom, interconnected passageway (hallway), and each level of your home
- All smoke alarms must be powered by either 240 volt or 10 year lithium battery
- All smoke alarms must be interconnected to each other
- All smoke alarms must be photoelectric
- All smoke alarms must comply with AS3786:2014
- All existing 240 volt alarms required for compliance must be replaced with 240 volt alarms
- All alarms must be a minimum of 300mm from any wall, 400mm from any fan or light on flat ceilings
QLD Smoke Alarm Legislation
EXISTING DWELLINGS FOR OWNERS / OCCUPIERS
From 1 January 2017
When replacing smoke alarms, they must be of a photoelectric type which complies with Australian Standard (AS) 3786-2014. Existing smoke alarms manufactured more than ten years ago must be replaced. (Note: Smoke alarms should have the date of manufacture stamped on them.) Smoke alarms that do not operate when tested must be replaced immediately. Existing hardwired smoke alarms that need replacement must be replaced with a hardwired smoke alarm.
From 1 January 2017
Smoke alarms in all dwellings must:
- be photoelectric (AS 3786-2014); and
- not also contain an ionisation sensor; and
- be less than 10 years old; and
- operate when tested; and
- be interconnected with every other smoke alarm in the dwelling so all activate together.
Smoke alarms must be installed on each storey:
- in each bedroom; and
- in hallways which connect bedrooms and the rest of the dwelling; or
- if there is no hallway, between the bedrooms and other parts of the storey; and
- if there are no bedrooms on a storey at least one smoke alarm must be installed in the most likely path of travel to exit the dwelling.
Smoke alarms must be either hardwired or powered by a non-removable 10 year battery, or a combination of both may be allowed.
DWELLINGS BEING SOLD, LEASED OR AN EXISTING LEASE IS RENEWED
From 1 January 2017
Requirements as for existing dwellings. Existing landlord’s and tenant’s obligations regarding the installation and testing of smoke alarms continue. Property sellers must continue to lodge a Form 24 with the Queensland Land Registry Office stating the requirements of the smoke alarm legislation have been met.
From 1 January 2017
Smoke alarms in the dwelling must:
- be photoelectric (AS 3786-2014); and
- not also contain an ionisation sensor; and
- be less than 10 years old; and
- operate when tested; and
- be interconnected with every other smoke alarm in the dwelling so all activate together.
Smoke alarms must be installed on each storey:
- in each bedroom; and
- in hallways which connect bedrooms and the rest of the dwelling; or
- if there is no hallway, between the bedrooms and other parts of the Storey; and
- if there are no bedrooms on a storey at least one smoke alarm must be installed in the most likely path of travel to exit the dwelling.
Smoke alarms must be hardwired or powered by a non-removable 10-year battery, or a combination of both may be allowed.
NEW DWELLINGS AND DWELLINGS BEING SUBSTANTIALLY RENOVATEDR OWNERS / OCCUPIERS
From 1 January 2017
Smoke alarms in the dwelling must:
- be photoelectric (AS 3786-2014); and
- not also contain an ionisation sensor; and
- be hardwired to the mains power supply with a secondary power source (i.e. battery); and
- be interconnected with every other smoke alarm in the dwelling so all activate together.
Smoke alarms must be installed on each storey:
- in each bedroom; and
- in hallways which connect bedrooms and the rest of the dwelling; or
- if there is no hallway, between the bedrooms and other parts of the storey; and
- if there are no bedrooms on a storey at least one smoke alarm must be installed in the most likely path of travel to exit the dwelling.
The development approval process for new dwellings and substantial renovations will ensure that building approvals received on or after this date will bring dwellings into compliance with the new laws.
PRESCRIBED LOCATIONS FOR INSTALLING SMOKE ALARMSY RENOVATEDR OWNERS / OCCUPIERS
Where practicable smoke alarms must be placed on the ceiling. Smoke alarms must not be placed:
- within 300mm of a corner of a ceiling and a wall;
- within 300mm of a light fitting;
- within 400mm of an air-conditioning vent;
- within 400mm of the blades of a ceiling fan.
There are special requirements for stairways, sloping ceilings, and ceilings with exposed beams. These requirements are explained in the Building Fire Safety Regulation 2008. Penalties may be imposed for non compliance with the law.
Federal Legislation
Landlords must ensure their rental property is properly fitted with the required number of working smoke alarms, complying with the Australian Standard (3786:2014), and they are installed as outlined in the Building Code of Australia (BCA) part 3.7.2. This legislation is applicable to all states of Australia.
Current Requirements means the legislative requirements stipulated by the Queensland Fire and Emergency Services Act 1990; Building Fire Safety Regulation 2008; and the Electrical Safety Act 2002 applicable to existent (pre-2022) smoke alarms and smoke alarm installations and related electrical work (if applicable). Considerations around compliance of the smoke alarms at the Inspection Address are the types of smoke alarms and smoke alarm installations, build dates, including dates of significant renovations, and building classes.
New Requirements means the legislative requirements stipulated by the Queensland Fire and Emergency Services Act 1990; Building Fire Safety Regulation 2008; and the Electrical Safety Act 2002 to be in place by 1st January 2022 for rental properties and related electrical work (if applicable). Considerations around compliance of the smoke alarms at the Inspection Address are the types of smoke alarms and smoke alarm installations, build dates, including dates of significant renovations, and building classes.
As of 1st July 2007, changes were applied to the Queensland Fire and Emergency Services Act 1990, stating that every smoke alarm in a Queensland rental property requires ongoing maintenance. Under this legislation, Landlords or agents must test and clean each smoke alarm within 30 days prior to each tenancy change or renewal. Not only this, but each smoke alarm and battery must be replaced before the expiry date. The legislation prohibits the transfer of these responsibilities to the tenant.
These new requirements to be in place by 1st January 2022 for rental properties, necessitate the following measures:
- Smoke alarms must be installed in every bedroom of a home
- All smoke alarms must be powered by either 240 volt or 10 year lithium battery
- All smoke alarms must be interconnected to each other
- All smoke alarms must be photoelectric rather than ionisation
- All smoke alarms must comply with AS3786:2014