Solutions for Landlords, Real Estate Agents & Homeowners
New Queensland Smoke Alarm Legislation is now in effect since the 1st of January 2022.
Are you meeting your legal obligations?
As part of a building approval process, requiring a Building Certifier, all new homes and renovations should have the required smoke alarms installed pursuant to the requirements of the National Construction Code (NCC), formerly known as the Building Code of Australia (BCA) and the Building Regulation 2006.
Smoke alarms in the dwelling must:
Be photoelectric (AS3786-2014); and
Not also contain an ionisation sensor; and
Be hardwired to the mains power supply with a secondary power source (ie battery); and
Be interconnected with every other smoke alarm in the dwelling so all activate together.
The legislation requires smoke alarms must be installed in the following locations
On each storey
In hallways that connect bedrooms and the rest of the dwelling
In each bedroom
If there is no hallway, between the bedroom 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 for existing dwellings, they can also be powered by a non-removable 10 year battery. To get everyone out safely during a house fire it is essential to have a well-practised fire escape plan.
Existing smoke alarms manufactured more than 10 years ago must be replaced with photoelectric smoke alarms which comply with Australian Standards (AS) 3786-2014 (Note: The date of manufacture should be stamped on the back of the alarm).
Smoke alarms that do not operate when tested must be replaced immediately.
Existing hardwired smoke alarms that need replacement must be replaced with a hard wired photoelectric alarm.
From January 1 2027 all existing private homes, townhouses and units will require photoelectric interconnected smoke alarms. These must be either hardwired or non removable 10 year battery powered type alarm.
Smoke alarms in the dwelling must:
Be photoelectric (AS3786-2014); and
Not also contain an ionisation sensor; and
Be hardwired to the mains power supply with a secondary power source (ie battery); and be interconnected with every other smoke alarm in the dwelling so all activate together.
The legislation requires smoke alarms must be installed in the following locations:
On each storey
In hallways that connect bedrooms and the rest of the dwelling
In each bedroom
If there is no hallway, between the bedroom and other parts of the storey
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.
From January 1 2017
Existing smoke alarms manufactured more than 10 years ago must be replaced with photoelectric smoke alarms which comply with Australian Standards (AS)3786-2014. (Note: the date should be stamped on the back)
- Smoke alarms that do not operate when tested must be replaced immediately.
- Existing hardwired smoke alarms that need replacement must be replaced with a hard wired photoelectric alarm.
- To get everyone out safely during a house fire it is essential to have a well practised fire escape plan.
Existing landlord and tenant obligations continue. Property sellers must continue to lodge a Form 24 stating the requirements of the legislation have been met.
From January 1 2022
All homes being sold or leased, or existing leases renewed will require photoelectric, interconnected smoke alarms. Non-removable 10 year battery smoke alarms can be installed in place.
- Smoke alarms in the dwelling must:
- be photoelectric (AS3768-2014); and
- not also contain and ionisation sensor; and
- be hardwired to the mains power supply, if currently hardwired. Otherwise smoke alarms can either be hardwired or powered by a non removable 10 year battery or a combination of both.
- be interconnected with every other smoke alarm in the dwelling so they all activate together.
The legislation requires smoke alarms must be installed in the following locations
On each storey
In hallways that connect bedrooms and the rest of the dwelling
In each bedroom
If there is no hallway, between the bedroom and other parts of the storey
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.
From January 1 2022
All homes being sold or leased, or existing leases renewed will require photoelectric, interconnected smoke alarms. Non-removable 10 year battery smoke alarms can be installed in place.
Smoke alarms in the dwelling must:
- be photoelectric (AS3768-2014); and
- not also contain and ionisation sensor; and
- be hardwired to the mains power supply, if currently hardwired. Otherwise smoke alarms can either be hardwired or powered by a non removable 10 year battery or a combination of both.
- be interconnected with every other smoke alarm in the dwelling so they all activate together.
Testing and cleaning smoke alarms
Within 30 days before the start of a tenancy in a domestic dwelling, the lessor / landlord must test and clean each smoke alarm in the dwelling.
During a tenancy in a domestic dwelling, the tenant must test and clean each smoke alarm in the dwelling, at least once every 12 months.
To test a smoke alarm, press the ‘test’ button. Cleaning should be done according to the manufacturer’s instructions, which is usually vacuuming.
You do not need to be qualified or licensed to clean or test a domestic smoke alarm.
Some real estate agents may outsource smoke alarm maintenance to another company with associated feeds paid by the landlord. The real estate may request a ‘certificate of compliance’ from these companies as proof of service. This is not a legal requirement but may be part of the real estate agent’s internal process.
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New smoke alarm legislation will make Queensland households the safest in Australia in relation to fire safety.