Fire and Emergency Services (Domestic Smoke Alarms) Amendment Bill 2016

Introduced: 23/2/2016By: Hon B Byrne MPStatus: PASSED with amendment

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Plain English Summary

Overview

This bill tightens Queensland's smoke alarm rules in response to the 2011 Slacks Creek house fire that killed 11 people. It requires every home to have photoelectric, interconnected smoke alarms powered by hardwiring or a 10-year lithium battery, phased in over a decade from 1 January 2017 to 1 January 2027.

Who it affects

Homeowners, landlords and renters across Queensland, with builders and property sellers facing the earliest deadlines. Apartment and manufactured home owners have tailored compliance options.

Key changes

New and substantially renovated homes must have photoelectric, interconnected smoke alarms from 1 January 2017
Homes being sold or newly leased must comply from 1 January 2022
All existing Queensland homes must comply by 1 January 2027
Alarms must be replaced within 10 years of manufacture or immediately if they fail a test, with a maximum fine of 5 penalty units
The duty to install and replace alarms shifts from lessors to owners, and new standards require alarms to meet AS 3786-2014

How this affects you

Housing & Renting

•If you rent, your landlord must upgrade to photoelectric, interconnected smoke alarms before a new tenancy starts or an existing one is renewed from 1 January 2022Clause 7 (s 104RBA(2)(b))Section 104RBA applies to a domestic dwelling if, after 31 December 2021, a new tenancy starts or an existing tenancy is renewed.
•If you sell your home after 31 December 2021, you must make sure it has compliant smoke alarms before transferring the landClause 7 (s 104RBA(2)(a))Section 104RBA applies when the owner of residential land enters into an agreement to transfer the land to another person after 31 December 2021.
•If you own your home, you have until 1 January 2027 to install photoelectric, interconnected smoke alarms, with a maximum fine of 5 penalty units for not complyingClause 7 (s 104RBA(3) and (7))The owner of a domestic dwelling must install smoke alarms in compliance with this section; maximum penalty 5 penalty units. Subsections (1) and (2) expire on 31 December 2026, meaning full compliance is required from 1 January 2027.
•If you live in an apartment (class 2 building), your building can meet the rules with a Building Code smoke detection system instead of individual alarmsClause 7 (s 104RBB(1))An owner of a sole-occupancy unit in a class 2 building is taken to comply if a smoke detection system complying with the Building Code of Australia, specification E2.2a, clause 4 is installed.

Safety & Emergency

•Every Queensland home will need smoke alarms that all sound at once when any one of them detects smoke, giving you earlier warning to escapeClause 7 (s 104RBA(5)(e) and (6))Each smoke alarm must be interconnected to every other smoke alarm installed in the domestic dwelling so that if one detects smoke, they all sound an alert.
•Alarms must be photoelectric and powered by hardwiring or a 10-year battery, and cannot be more than 10 years old when installedClause 7 (s 104RBA(5))Each alarm must be powered in a way prescribed by regulation, comply with other regulation requirements, and have been manufactured less than 10 years before installation.
•You must replace any smoke alarm within 10 years of its manufacture date, and replace it immediately if it fails a testClause 8 (s 104RC)The owner must replace a smoke alarm within 10 years after manufacture, or immediately if it does not operate when tested; maximum penalty 5 penalty units.
•The changes respond to the 2011 Slacks Creek house fire that killed 11 people, implementing the State Coroner's 2014 recommendationsExplanatory Notes, Policy objectivesFollowing a coronial inquest into the Slacks Creek house fire, on 28 November 2014 the State Coroner recommended legislative amendments mandating photoelectric and interconnected smoke alarms throughout domestic dwellings.

Bill Journey

Introduced23 Feb 2016

First Reading

Committee

Committee Report

Second Reading

In Detail

Third Reading

Royal Assent8 Sept 2016

Sectors Affected

Construction Residential Rental Emergency Services

Classified using AGIFT/ANZSIC Australian government standards

Fire and Emergency Services (Domestic Smoke Alarms) Amendment Bill 2016

Plain English Summary

Overview

Who it affects

Key changes

Bill Journey

Referenced Entities

Legislation

Organisations

Places

Roles & Offices

Sectors Affected

Source Documents