Queensland Legislation
The following outlines key smoke alarm information pertaining to Queensland Properties
Existing Legislation
Since 1 July 1997, it has been mandatory under the Building Code of Australia to have hard-wired (240 volt) smoke alarms installed in residential homes built or significantly renovated after this date. These alarms must meet all requirements of Australian Standard (AS) 3786 and the Building Code recommended location requirements for smoke alarms.
As at 1st July 2007, the Queensland Fire and Rescue Service Act 1990, stated that owners of all houses and units in Queensland must install smoke alarms. This included Queensland rental properties.
This minimum legal requirement under this legislation currently mandates, a smoke alarm must be installed on or near the ceiling on any storey, between any area containing bedrooms and the rest of the house (eg. hallways) or, on a storey not containing bedrooms but is a likely evacutation route.
Legislation also requires maintenance of the smoke alarm(s). Landlords or agents must test and clean each smoke alarm within 30 days prior to each tenancy change or renewal. Smoke alarms and batteries must be replaced before their expiry date.
Incoming / New Legislation
New legislation is set out in the Fire and Emergency Services (Domestic Smoke Alarms) Amendment Act 2016 and the Building Fire Safety (Domestic Smoke Alarms) Legislation Amendment Regulation 2016.
This legislation places additional requirements on Queensland landlords. The new requirements over and above the existing requirments are:
• 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 be compliant with Australian Standard 3786:2014
• All smoke alarms must be replaced within 10 years after the day the smoke alarm was manufactured.
What the new legislation means for Queensland Owners
The new legislation places additional requirements on Queensland owners.
Specifically, the key changes are:
• Alarms must be installed in all bedrooms
• Alarms must be powered by either 240 volt or powered by a 10 year lithium battery (not 9 volt battery powered)
• Alarms must be interconnected and be able to 'talk' to each other
• Alarms must be photoelectric technology (not the older style style ionisation technology)
and
• All smoke alarms must be compliant with Australian Standard 3786:2014
• All smoke alarms must be less than 10 years old.
Alarms available to the Australian consumer have only recently become compliant with AS 3786:2014. This standard supercedes the previous standard AS3786:1993.
The legislation requires that rental properties must be compliant with this new legislation by 1 January 2022.
Frequently Asked Questions
Why do we need to change anyway?
Queensland State Legislation requires the upgrading of smoke alarms in all properties, including rental properties.
These changes will make Queensland properties the safest in Australia in relation to fire safety. The changes will help ensure:
•alarms installed are compliant with the latest construction standards;
•the most effective smoke alarm technology is being used to detect fires; and
•when one alarm sounds, the entire house (through interconnection) is alerted to the possible danger.
In addition:
•the probability of the sounding alarms waking sleeping occupants is increased when the alarms are located in the bedrooms.
These changes create a safer household in relaton to fire safety.
I have Smoke Alarm Servicing already ...
Presently, your property is probably issued compliance certificates to ensure it meets the maintenance obligations of the owner. This usually involves making sure the smoke alarms are working and are properly located etc.
This process and compliance is different from the incoming legislation. The new legislation requires additional smoke alarms to be installed and for the alarms to be inter-connected. These new alarms will (in due course) continue to be verified under the present compliance program to ensure your ongoing maintenance obligations.
How many alarms will I need?
The information presented below is to considered as examples and guidelines only.
A particular property may require more or fewer alarms than suggested above and is dependant on the property's specific floor layout.
A typical 1 Bedroom Dwelling
Perhaps 2 alarms
comprising:
1 alarm in the bedroom
1 alarm in the hallway
A typical 2 Bedroom Dwelling
Perhaps 3 alarms
comprising:
2 alarms for the bedrooms
1 alarm in a hallway
A typical 3 Bedroom Dwelling
Perhaps 5 alarms
comprising:
3 alarms for the bedrooms
2 alarms in the rest of the house
A typical 4 Bedroom Dwelling
Perhaps 7 alarms
comprising:
4 alarms for the bedrooms
3 alarms in the rest of the house
How much will this cost?
The legislation will require almost all properties to be upgraded to meet the safety requirements. Existing rental properties will require smoke alarrms to be located in all bedrooms, be of photoelectric technology, be able to talk to each other, and be AS 3786:2014 compliant.
Precise costs can only be determined based on site visits and an understanding of the properties layout and number of bedrooms etc. However, the following is a guideline as to anticipated costs for various situations. The following is not a quote or finalised pricing and is offered as a guideline to property owners only.
Make sure price is NOT the only factor you consider in ensuring your property's compliance.
The upgrade in legislation is likely to bring numerous service providers into the market place with limited or no understanding of the legislation and its implementation. You, as landlord, are ultimately responsible for ensuring your property is compliant - so only use a professional service provider with proven experience. A $10-20 saving may seem like a good idea but can have significant consequences for not only your tenants' safety, but your personal responsibility and liability.
A typical 1 Bedroom Dwelling
Approx $400
comprising:
1 alarm in the bedroom
1 alarm in the hallway
A typical 2 Bedroom Dwelling
Approx $600
comprising:
2 alarms for the bedrooms
1 alarm in a hallway
A typical 3 Bedroom Dwelling
Approx $1,000
comprising:
3 alarms for the bedrooms
2 alarms in the rest of the house
A typical 4 Bedroom Dwelling
Approx: $1,400
comprising:
4 alarms for the bedrooms
3 alarms in the rest of the house
The above pricing guidelines are for fully wirelessly interconnected photoelectric smoke alarms. Wireless interconnection allows seamless talking of smoke alarms to each other throughout a property irrespective of the number of levels and floor layout. The communication between the smoke alarms occurs - without wires.
When do I have to have it done by?
Rental properties (and properties for sale) must be compliant with the new Legislation by the end of 2021.
Newly built dwellings are required to be compliant from 1 January 2017. All other dwellings (your own home) must be compliant by 1 January 2027.
Although the end of 2021 for rental propertes seems a way of, all rental properties are required to be compliant by this date. Penalties can be applied to owners of non-compliant properties.
It is recommended that upgrade works are completed earlier rather than later to ensure you can continue to lease your property without interruption and not be subject to penalties.
Why should I do it / pay for it now?
We understand that it seems the introduction of the new legislation seems a while off. However, please be aware, that if your property is not compliant BY THE END OF 2021, you will be subject to possible fines and have the probability of not being able to lease your property.
Previous experience in other States highlights that as this time frame approaches, the ability to make your property may be compromised as electricians become busier. As a result they will often charge a ‘premium’ for any works.
Completing the required works 'now' minimises the risk to owners by ensuring your properties are compliant comfortably before the deadline so there is no need for a late ‘panic’
But I just had my smoke alarms replaced!
The incoming regulation requires smoke alarms to be:
• powered by either 240 volt or powered by a 10 year lithium battery (not 9 volt battery powered)
• inter-connected and be able to 'talk' to each other
•photoelectric technology (not the older style style ionisation technology); and
• compliant with Australian Standard 3786:2014
If you have recently had your smoke alarms changed, and they do not meet this requirements, they will unfortunately need replacing.
The more common reasons for replacement may be that:
• the alarm(s) do not satisfy the new requirements of AS 3786:2014 (which is a relatively new standard) and/or
• your installed smoke alarm(s) may be ionisation technology and not the requried photoelectric technology.
(Ionisation technology which has been permissable prior to this new legislation, will no longer be permitted and will require upgrading to photoeleectric technology.)
Remember also, the legislation requires smoke alarms in all bedrooms. These bedroom alarms have to be able to interconnect, or talk to, all alarms in the house - so the existing alarms may require replacement to ensure this can occur.
How long will the new alarms last?
The new legislation states that alarms must be replaced before they are 10 years old. This is consistent with global best practices for smoke alarm replacements.
Alarms are manufactured and designed to last not less than ten years so most alarms will last this ten year period. Of course, sometimes something happens to an alarm and you can then refer to the alarms specific warranty period to check if it can be replaced under warranty.
The expectation however would be that the new alarms would be lasting up to 10 years before they would require replacement to remain compliant with legislation.
My property is new .. shouldn’t it already be compliant?
Good question.
A new property is only required to be compliant with legislation and building codes applicable at that point in time. So, a new property should be compliant for today’s requirements however, may not be compliant with the incoming legislation.
A new property is built not as an ‘investment’ property or a ‘home’ … it is just built. So in simple terms, it needs to comply with the Building Code when it is built and presently this says the property just needs mains powered smoke alarms. These are usually located in hallways and of ‘old’ technology. The new legislation states alarms must be in bedrooms and be of new technology. Builders are also unlikely to add ‘additional’ alarms if they are not required for today.
I have more questions ...
We understand the new legislation can be confusing and frustrating. It does however enable Queensland properties to be the safest in Australia in relation to fire safety.
If you have further questions, please contact your Property Manager or call us here at National Smoke Alarm Services and we will be delighted to assist.