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House guests could sue after fire

July 2, 2007

Source: Brisbane Times

Queenslanders who flout mandatory smoke alarm laws face potentially crippling financial penalties - but it won't be a band of heavily-armed smoke alarm police enforcing the new rules.

Insurance companies have warned of serious implications for policy holders who fail to fit the devices, which became compulsory across the state yesterday.

While the government admits it will take the carrot - and not the stick - approach to enforcement, Suncorp Insurance's manager of home products, Dennis O'Brien, said homeowners faced costly legal action if someone was injured in a fire where a smoke alarm was not fitted.

"The primary benefit of smoke alarms is early warning to save lives and get people out of harm's way, so preventing property damage is secondary as far as we're concerned," Mr O'Brien said.

"But what I think a lot of people don't realise is they can be sued if someone is in their home and a fire starts and that person gets hurt, and that can be very expensive."

Under the new laws, all Queensland homes, including rental properties, must be fitted with a working alarm, no matter how old the building is.

From this week, anyone selling a residential property will be required to lodge compliance forms with the Queensland Land Registry, which will keep tabs on the installation of smoke alarms at that home.

The Queensland Fire and Rescue Service will also have the power to investigate breaches and issue on-the-spot fines of $150 to individuals and $375 for businesses that don't comply.

"Our main focus is on community education and encouraging people to do the right thing," QFRS Senior Community Education Officer Steve Bates told brisbanetimes.com.au.

"It won't be a case of Big Brother is watching, but you can't have legislation without some teeth, otherwise you're just a paper tiger."

He said the QFRS would rely on tenants to dob-in landlords, who were often the worst offenders when it came to fitting and maintaining smoke alarms in rental properties.

"The exact procedures for how we will investigate (breaches of the law) are still in draft form at the moment, but we already have a prosecutions department set up."

So far, about 87 per cent of Queensland homes are fitted with smoke alarms, which cost about $10 each.

The State Government estimated that by increasing that number to 100 per cent, 20 lives and about $70 million in fire damage would be saved over the next 20 years.

Mr Bates said in the past 12 months alone, 10 people - including a baby - were killed in housefires in Queensland. In all but one case, a smoke alarm was not installed.

Despite the obvious benefits, a recent survey by Suncorp found that of the 300,000 people who didn't have an alarm, one in three said they would ignore the new laws because they didn't believe the devices were necessary.

"We hear every silly excuse you can think of," Mr Bates said.

"We've had people say to us 'I don't need one because I have a dog, so if my house catches fire it will do a Lassie and wake me up', or 'I have a brick home, so it won't burn'.

"People bury their heads in the sand, but hopefully this legislation will change some of those attitudes."

Emergency Services Minister Pat Purcell said he was confident the legislation would be well-received in the community.

"We're certainly not going to be heavy handed about this...(but) most people have shown a desire to willingly comply," Mr Purcell said.

Mr O'Brien said insurance companies were unlikely to force people to fit smoke alarms as a condition of their policy. In Victoria and South Australia, where smoke alarms have been mandatory for more than six years, there have been no known cases where failure to comply has resulted in an insurance claim being denied.

"It isn't for the insurance industry to be forcing people to do that," Mr O'Brien said.

"We rely upon our policy holders to follow the laws and regulations...but in the world of liability, anything is possible."

The QFRS offers a free service for anyone having difficulty installing a smoke alarm.

For more information, visit http://www.fire.qld.gov.au

 

 

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Smoke alarms should be fitted outside each sleeping area and in each bedroom if the occupants smoke in the bedroom, have heaters or electrical appliances in their bedroom or if their door is shut preventing them from hearing the alarm outside their door.
Homeowners should test their alarm once a month by operating the test button and vacuum or use a soft brush to clear the grill on the smoke alarm every month or so to make sure it is dust free.Smoke and fire are killers that often strike while people are asleep. A well maintained smoke alarm is the surest way to protect your home and family.