Smoke Alarm Legislation
Landlords have a legal obligation in Australia to ensure that their rental property is safe and secure. Failure to provide this duty of care is a criminal offence.
National Legislation
Rental properties must have the correct number of working smoke alarms, complying with the Australian Standard (3786:2014) and they must be installed and positioned as outlined in the Building Code of Australia (BCA) part 3.7.2.3.
State Legislation
On 1st July 2007, the Queensland Fire and Rescue Service Act 1990 was updated – stating that landlords must test and clean each smoke alarm within 30 days prior to every tenancy change or lease renewal. This check ensures that smoke alarms are working, not expired and correctly positioned. Batteries must also be tested for voltage remaining or replaced regularly.
On 1st January 2017, the Queensland Fire and Rescue Service Act 1990 was updated – stating that any newly installed or replacement smoke alarms must be photoelectric (not ionised technology). Any new or substantially renovated properties will also require interconnected smoke alarms and additional alarms in bedrooms. Further legislation regarding existing rental properties will come into effect in 2022.
Due to the complexity of this legislation, rental property owners are encouraged to engage in the services of a professional smoke alarm servicing company.
A trained Be Legal technician will attend the property to ensure both state and national legislation is being adhered to.
A compliance report is issued and provides physical proof that all smoke alarms at the property have been checked. This report may be vital when processing any relevant insurance claims or when evidence of a duty of care is required.
Be Legal will issue an entry notice (Form 9) to the tenant and ensure entry is gained according to the Residential Tenancies & Rooming Accommodation Act 2008.
A complete history of servicing for the property is maintained for the property manager and the landlord.
