New smoke alarm laws – the facts

From 1 July 2007, owners of all houses and units in Queensland must install at least one 9 volt battery powered smoke alarm.

As a legal minimum requirement, 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 or unit e.g. hallways; or

            − On a storey not containing bedrooms on the most likely evacuation route from the storey.

Current Building Code of Australia (BCA) Law for New Homes, Units and Renovations

Since 1 July 1997 in Queensland, it has been mandatory under the BCA to have hard-wired (240 volt) smoke alarms installed in residential homes built or significantly renovated (more than 50%) after this date. These alarms must meet all requirements of Australian Standard (AS) 3786, and the BCA specifies location requirements for smoke alarms.

Minimum Requirements

The minimum required is a 9 volt, battery powered smoke alarm, in which the battery requires replacement annually.

There are a number of ways in which smoke alarms can be powered, these include:

            1. 9 volt batteries that have at least a one year life and require changing each year 

            2. Long-life 9 volt lithium batteries that can be renewable or non-removable that last the life of the alarm, up to 10 years.  These avoid the need for the householder to replace the battery annually.   In some models the battery cannot be removed due the unit being sealed; and

3. Mains power supply, with some models featuring a rechargeable battery back-up. Often called hard-wired (240 volt) smoke alarms, these offer the highest level of reliability, but must be installed by a licensed electrician.

Some smoke alarm models can be connected in groups so that if one alarm goes off it will also set off others.  This will require the work of an electrician.

Types of Smoke Alarms

There are two types of smoke alarms - ionisation and photoelectric.  Ionisation smoke alarms mainly detect the presence of extremely small particles of smoke, whilst photoelectric mainly detect visible smoke.  The type most commonly installed in homes has been the ionisation smoke alarm.  The two types are explained in greater detail at www.fire.qld.gov.au/communitysafety/smokealarms

Recommendations Above Minimum Requirements

Your protection against fire increases with the quality and type of smoke alarm that is installed.  Research indicates that photoelectric smoke alarms are generally more effective than ionisation types across a wider range of fires experienced in homes.  For this reason, the Fire Brigade recommends that photoelectric smoke alarms be installed, especially if you are installing only one alarm.  If you already have smoke alarms installed, the Fire Brigade recommends that you supplement the existing alarms with photoelectric types, especially between sleeping areas and exits from your home (e.g. hallways); and at the end of the service life of existing smoke alarms, replace them with photoelectric types.

It is expected that stocks of photoelectric alarms will become more readily available at retailers as demand increases.

For more information phone the information hotline number: 1300 369 003 (the cost of a local call) or go to the the Fire Brigade website at  www.fire.qld.gov.au

What do the new smoke alarm laws require?

New laws require owners of all homes and units (Class 1 and sole occupancy units in class 2 buildings) to install and maintain smoke alarms in all older (pre 1997) homes by 1 July 2007. 

The new laws only require homes and units that do not already have working smoke alarms installed to install smoke alarms.

To ensure that everyone complies with the laws, a person selling a property will be required to lodge a form with the Queensland Land Registry stating that operational smoke alarms are installed in the property. Compliance will be monitored via an audit of these forms.

How are new homes affected?

Since July 1997, mains powered (240 volt) smoke alarms have been required in new and significantly renovated (more than 50% of the building) homes and units. These homes will not be affected by the change.

What do the new laws mean for Lessors?

From 1 July 2007, a lessor or agent will be required to install smoke alarms in rental properties. 

The minimum legal requirement is a 9 volt battery-operated smoke alarm, with a one-year battery. These alarms retail from as little as $10 and the battery has to be replaced annually.

Queensland Fire & Rescue statistics indicate fires have been attended where the smoke alarm has not operated because batteries are flat or removed.

It is recommended that lessors consider installing alarms that are more reliable than the basic alarm. Other types of alarms available are:

−          Mains power supply often called hard-wired (240 volt) smoke alarms. Some models feature a rechargeable battery back-up.

−          9 volt long life lithium smoke alarms that have 10-year lithium batteries installed, meaning the

battery does not need to be replaced for up to 10 years.  This type of smoke alarm provides a higher

degree of reliability at a reasonable cost.

A lessor or agent must test and clean each smoke alarm within 30 days before the start of a tenancy.  In addition a lessor or agent must replace, in accordance with the manufacturers’ instructions, each battery in the smoke alarm that is flat or that the lessor or agent is aware is almost flat within 30 days before the start of a tenancy.

The lessor or agent must also replace the smoke alarm unit before it reaches the end of its service life.* If the smoke alarm reaches the end of its service life, the lessor or agent must replace it immediately.

* Service life of smoke alarms is usually indicated by the warranty offered by its manufacturer.

What do the new laws mean for tenants?

Version 4 Nov06 Under new laws if a ten

Under the new laws, if a tenant becomes aware that a smoke alarm in the dwelling has failed or is about to fail, other than because the battery is flat or almost flat, the tenant must advise the lessor or agent as soon as practicable.

A lessor or agent is only required by law to test and clean smoke alarm/s at the start of a tenancy.  

Tenants are required by law to test and clean each smoke alarm in the dwelling at least once every 12 months.

Tenants are also required by law to replace, in accordance with the information statement that is provided to the tenant, each battery that is flat or is almost flat.

Please note that for public housing tenants the Government has already installed hard-wired smoke alarms in all public housing dwellings.

How many smoke alarms have to be installed?

As a legal minimum requirement, 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 or unit e.g. hallways; −On a storey not containing bedrooms on the most likely evacuation route from the storey.

the Fire Brigade strongly recommends that you consider installing additional alarms. In cases where occupants sleep with the door closed, it is especially recommended that an alarm be installed in each bedroom.  

For further information on where to install smoke alarms in your home go to the the Fire Brigade website at www.fire.qld.gov.au/communitysafety/smokealarms or read the manufacturers’ instructions in the smoke alarm packaging.

When will the changes come into effect?

Smoke alarms are not required until 1 July 2007, however, for the safety of occupants householders are urged to put alarms in as soon as possible.   

Why are smoke alarms important?

Smoke alarms are very important domestic safety devices. 

Residential occupancies account for most fire fatalities and most of these deaths occur at night during sleeping hours.

the Fire Brigade statistics indicate fires have been attended where the smoke alarm has not operated because batteries are flat or removed.

The risk of death from fire in a home is up to three times higher in homes without smoke alarms when compared to homes with smoke alarms.  

In Queensland, nearly 80% of all home fire deaths occur in homes without smoke alarms and almost 50% of deaths occur between 12am-8am when people are sleeping.

Why make smoke alarms compulsory?

Requiring all homes in Queensland to have at least one smoke alarm will increase the number of people who escape fires, and provide greater protection for their property.

This has already resulted in more lives being saved in other states where smoke alarms are compulsory. Queenslanders can have more confidence that, no matter where they live, they will have greater protection from the dangers of fire, at a relatively low cost.

How will the smoke alarm laws be policed?

On the sale of a property from 1 July 2007, the vendor will have to lodge a Form 24 with the Queensland Land Registry, stating that smoke alarms are installed in the property and the purchaser has been informed alarms are installed.

This will mean that the checking of smoke alarms installed will be a part of buying and selling residences in Queensland.

Fire Officers will also investigate complaints received about residential non-compliance.

There will be a maximum fine of $375 for failing to install alarms by 1 July 2007. 

How many Queensland homes are not fitted with smoke alarms?

Almost 20% of Queensland homes do not have smoke alarms installed.  Almost 10% of homes have alarms installed that are not working usually because batteries are flat or missing. 

What is the estimated impact of this new smoke alarm legislation?

By extending alarm coverage to the 286,000 homes currently without alarms, there is potential to save 106 lives over the next 20 years and around $70M in property loss and personal injury.

Why wait until July 2007 to require alarms to be installed?

This allows householders time to buy and install alarms.  Everyone is encouraged to install alarms as soon as they can.  

It will also allow industry time to ensure that there is sufficient stock of alarms available to meet demand.  

How does the option compare with arrangements in other states?

Smoke alarms are compulsory in South Australia, Victoria and New South Wales. 

The new laws are similar to arrangements in New South Wales and Victoria, which allow householders to install any smoke alarm that complies with Australian Standards.

Further information on smoke alarms is available by phoning the information hotline number: 1300 369 003 (for the cost of a local call) or visiting the the Fire Brigade website at www.fire.qld.gov.au