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QLD Smoke Alarm Legislation
The Queensland smoke alarm legislation aims to enhance fire safety in residential properties across the state. The legislation introduces specific requirements for smoke alarm installation, maintenance, and compliance to protect occupants and reduce the risk of fire-related incidents.
The legislation applies to all new and existing residential properties, including houses, townhouses, and units, regardless of whether they are owner-occupied or rented out.
The legislation applies to all new and existing residential properties, including houses, townhouses, and units, regardless of whether they are owner-occupied or rented out.
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Overview
There are a number of provisions in the Queenland smoke alarm legislation. Following is a summary of these.
Smoke Alarm Types and Placement
The legislation mandates the use of interconnected photoelectric smoke alarms in all bedrooms, hallways that connect bedrooms, and every level of the dwelling. For larger homes or those with specific layouts, additional alarms may be necessary. Alarms must comply with the Australian Standard (AS) 3786-2014.
Penalties and Fines
Non-compliance with the legislation can result in penalties and fines.
Compliance Deadlines
Existing dwellings are required to comply with the legislation by specific deadlines. For properties being sold, leased, or renewed compliance was required by 1st January 2022. For all other existing dwellings (including owner occupied), compliance must be achieved by January 1, 2027.
Note: If a residential dwelling is being leased it is the landlords responsibility to ensure the smoke alarms at the property are cleaned and tested within 30 days prior to the lease starting or renewing. It is the tenants responsibility to clean and test the smoke alarms at least once every 12 months.
Responsibilities of Property Owner Occupiers
Property owners are responsible for ensuring that smoke alarms are installed to satisfy legislation, tested, and maintained in working order. This includes replacing expired alarms, maintaining battery life, and conducting regular testing. Alarms must be replaced every ten years.
Tenant Responsibilities
Tenants are responsible for testing and cleaning smoke alarms during their tenancy, replacing batteries as needed, and notifying the property owner or agent of any faults or issues with the alarms.
Landlord and Agent Obligations
Landlords and agents must ensure that smoke alarms are installed, tested, and maintained in rental properties in compliance with the legislation. They are responsible for installing alarms in the required locations and providing tenants with written information on smoke alarm maintenance and testing.
Sources
The following three primary sources of information should be utilised in determining smoke alarm requirements and optimising fire safety in QLD residential dwellings.
QFESA2016
QLD Fire and Emergency Service (Domestic Smoke Alarms) Amendment Bill 2016 is the primary source of information driving smoke alarm legislation for domestic dwellings. It mandates the type of alarms installed in properties, the correct configuration and layout as well as cleaning and testing requirements.
NCC 3.7.2
The National Construction Code 3.7.2 mandates the way smoke alarms are installed in particular the correct positioning of alarms to avoid dead air space and smoke alarm layout to esure smoke alarms have a best chance of detecting fires.
AS3786-2014
Australian Standard AS3786-2014 is the standard that mandates installation of smoke alarms that are compliant with the current standard AS378-2014. It introduces the new requirement for photoelectric smoke alarms and certifies smoke alarm products in order to maintain a minimum standard of safety, quality and effectiveness.
Common Areas of Confusion
We get frequently asked questions about a number of topics that impact the way smoke alarm legislation is either implemented or interpreted. Here are some common areas of confusion along with explanations.
Defining a bedroom
Habitable bedroom ceiling hight should be 2.4m flat ceiling, or a minimum of 2.2m for Sloping ceiling at low end if less than two-thirds of floor area is below 2.4m.A bedroom is not habitable if it has a ceiling height of 2.1 m or less for at least two-thirds of the floor area.10% Natural light must be provided for a room to be habitable. Ie window, sky light.Must be appropriately Ventilated.Minimum size for an Australian bedroom is 6.5m2
Replacement of pre-existing 240v smoke alarms
When it is time to upgrade a 240v smoke alarm, the QFES legislation requires that alarm to be replaced by another 240v alarm. However the legislation also says that the property owner can relocate any smoke alarm that is not in a compliant or effective location.
It is important to note that every smoke alarm in the dwelling must be interconnected with every other required alarm in the dwelling.
Therefore if a 240v smoke alarm has been relocated then it stands to reason that the new location must be interconnected to the other alarms in the dwelling.
It is not advisable to leave an old non compliant, out of date smoke alarm installed concurrently in a space with a new smoke alarm. It should either be replaced or relocated.
It is important to note that every smoke alarm in the dwelling must be interconnected with every other required alarm in the dwelling.
Therefore if a 240v smoke alarm has been relocated then it stands to reason that the new location must be interconnected to the other alarms in the dwelling.
It is not advisable to leave an old non compliant, out of date smoke alarm installed concurrently in a space with a new smoke alarm. It should either be replaced or relocated.
Defining a level
Every level with a minimum height of 2.4m to 2.1m is clarified as a habitable level. Split level is a room greater then 1.5m elevation from one floor to the next.
Avoiding dead air space
A dead air space is an area in which trapped hot air will prevent smoke from reaching the alarm. This space generally occurs at the apex of cathedral ceilings, the corner junction of walls and ceilings and between exposed joists etc.
Smoke alarms should not be placed within 300mm of the corder of a wall and ceiling. In an apex ceiling area smoke alarms should be placed between 300mm and 500mm vertically below the ceiling apex (alternatively between 500mm and 1500mm away from the apex running along the surface of the ceiling).
When bedrooms are not connected via a hall
The legislation specifies placement of smoke alarms in hallways that connect bedrooms to the rest of the dwelling. However sometimes there is no connecting hallway, or there may be a reason why the available hallway is not suitable.
The QFES legislation also states that if it is not practicable to place a smoke alarm in a hallway connecting bedrooms to dwelling that an alarm can instead be placed between the bedroom/s and the rest of the dwelling in the most likely path of exit.