Smoke Alarm Laws Have Changed Again

The Queensland Government has changed the requirements for smoke alarms in residential dwellings (houses, townhouses and units). New legislation specifies new requirements regarding the type, positioning, and interconnectedness of alarms:

• Photoelectric alarms are becoming mandatory as they have been found to sound earlier than alarms that contain an ionisation sensor,
• Dwellings may require more than one alarm per storey,
• The smoke alarms will need to be interconnected, that is, if one smoke alarm sounds all the other smoke alarms will also sound. Interconnection can be wired or wireless.

Whether a dwelling already exists or is a newly built (or substantially renovated) dwelling will determine the requirements that apply and when they apply. The requirements and timing for compliance are also affected by whether a dwelling is for sale or being leased.

Existing Dwellings – 1 January 2017 onwards

Existing smoke alarms manufactured more than 10 years ago must be replaced with photoelectric smoke alarms which comply with Australian Standards (AS) 3786-2014.

Smoke alarms that do not operate when tested must be replaced immediately with photoelectric smoke alarms which comply with Australian Standards (AS) 3786-2014.

Existing hardwired smoke alarms that need replacement, must be replaced with a hardwired photoelectric smoke alarm.

Queensland Fire and Emergency Services recommends that:

• smoke alarms be either hardwired or powered by a non-removable 10-year battery; and
• ionisation smoke alarms be replaced with a photoelectric type as soon as possible.

Existing Dwellings – 1 January 2027 onwards

All residential dwellings will require:

• hardwired photoelectric smoke alarms and they must not contain an ionisation sensor (Note: if a hardwired smoke alarm cannot be installed, non-removable 10-year battery smoke alarms can be installed in place);
• each smoke alarm to be interconnected with every other smoke alarm in the dwelling so all activate together;
• smoke alarms that are less than 10 years old;
• smoke alarms that operate when tested and those that do not operate when tested must be replaced immediately.

The legislation requires smoke alarms must be installed in the following locations:

• on each storey;
• in each bedroom; and
• in hallways that connect bedrooms and the rest of the dwelling; or
• 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.

Existing Dwelling Being Sold, Leased or where an Existing Lease is renewed

Established obligations on landlords and tenants regarding the installation and testing of smoke alarms continue until 1 January 2022.

From 1 January 2022 smoke alarms in residential dwellings must:

• be photoelectric and must not contain an ionisation sensor;
• be hardwired but if a hardwired smoke alarm cannot be installed, non-removable 10-year battery smoke alarms can be installed in place;
• be interconnected with every other smoke alarm in the dwelling so all activate together; and
• be less than 10 years old.

If before that date a smoke alarm does not operate when tested, it must be replaced immediately with a photoelectric smoke alarm which complies with Australian Standards (AS) 3786-2014.

The required locations of the smoke alarms are the same as mentioned above.

New Dwellings and Substantially Renovated Dwellings

All new dwellings and substantially renovated dwellings that are subject to a building application submitted from 1 January 2017, must:

• be photoelectric and must not contain an ionisation sensor;
• be hardwired to the mains power supply with a secondary power source (a battery); and
• be interconnected with every other smoke alarm in the dwelling so all activate together.

The required locations of the smoke alarms are the same as mentioned above.

If you would like any advice on the laws regarding the requirements for smoke alarms in residential dwellings please contact David Patton or one of our other property lawyers.