Under Queensland Smoke Alarm Legislation both Landlords and Tenants have obligations to smoke alarms. Our service covers the Landlords responsibilities to this legislation.

The law strictly prohibits the transfer of legal responsibilities between landlords and tenants.
– QFESA1990 Division 5A 104RJ(2)

 

Landlords and Property Managers

Both Landlords and Property Managers are responsible for ensuring that their properties meet with current smoke alarm legislation.
These legal requirements are set down in the Queensland Fire and Emergency Services Act 1990  – current as at 1 January 2017.
There are two main components – Compliance and Maintenance.

 

COMPLIANCE

Smoke alarms must be installed as required under the National Construction Code (Building Code of Australia) Volume 1 or Volume 2
and the Building Fire Safety Regulation 2008 which has recently been amended to include the Building Fire Safety (Domestic Smoke Alarms) Legislation Amendment Regulation 2016.
The number and type of smoke alarms required is different for every property dependent upon the layout of the dwelling/s, the age of the dwelling/s, the dwelling classification (eg. Class 1a or “Sole Occupancy Unit” within Class 2) and whether any building works have been undertaken at the dwelling/s post build.
In short, alarms must be located outside sleeping areas within the dwelling/s and on any other storey/s not containing bedrooms.
Specific location and positioning requirements are set down in the BCA, along with exemption clauses and best practice recommendations.
– Homes built before 1 July 1997 must have 9-volt battery-operated smoke alarms.
– Homes built or significantly renovated after 1 July 1997 must have 240-volt (hard-wired) smoke alarms.
– Buildings submitted for approval from 1 May 2014 must have hard-wired and interconnected smoke alarms.
– Buildings submitted for approval from 1 Jan 2017 must have hard-wired, photo-electric only, interconnected smoke alarms.

 

Smoke alarms that are required for compliance must AT ALL TIMES meet with Australian Standard AS3786.1993 – alarms must remain functional as per the manufacturer’s approved design under the standard:
– must not be broken.
– must sound above the required decibel level.
– must not be obstructed from operating.
– must be within the manufacturer stated service life.

 

MAINTENANCE

Landlords must:
– test and clean smoke alarms and replace any flat or nearly flat batteries within 30 days before the start or renewal of a tenancy.
– replace smoke alarms before the end of their service life.

IMPORTANT

Any maintenance carried out earlier than 30 days prior to the date in Item 6.2 of a Form 18a General Tenancy Agreement or on or after the date in
Item 6.2 of a Form 18a General Tenancy Agreement will not satisfy the legal requirements and would be viewed simply as a safety check.

 

 

“…. alarms must be replaced BEFORE they reach the end of their service life”

 
Maintenance during a tenancy is the legal responsibility of the tenant/s. Tenants must:
– test and clean (by vacuuming or dusting) smoke alarms at least once every 12 months.
– replace any flat or nearly flat batteries.
– advise the property manager/owner if there is any issue with the alarm (apart from batteries).
– allow the property owner/manager right of entry to install smoke alarms.
 

 

DON’T RISK LIVES: INSURANCE POLICIES DON’T COVER YOU FOR NEGLIGENCE

Insurance policies do vary, however most have an exclusion clause that means that the insurance company may not have to pay out where the Owner breaks the law or has been advised that there is an issue and elects not to act to rectify the issue or harm.
Penalties and fines apply to both landlords and tenants who fail to meet their legal obligations.

 

How we can help

Our trained compliance inspectors will visit your property and identify any non-conformity issues, install new and/or relocate existing alarms (where possible and dependent upon which service plan your property is covered under) to achieve compliance and carry out the required maintenance on all alarms that are required for compliance.
In addition to this we will provide the tenant/s with a product safety information statement and you or your Property Manager with a Compliance Report.               Get Complied TODAY!

 

LEGISLATION AND RESOURCES