Fire and Emergency Services (Domestic Smoke Alarms) Amendment Act 2016
Following a tragic house fire in Slacks Creek in 2011 which claimed the lives of 11 people, including eight children under 18, changes were made to Queensland’s domestic smoke alarm legislation to provide for the staged implementation (from 1 January 2017 to 1 January 2027) of requirements for all domestic dwellings in Queensland to have interconnected, photoelectric smoke alarms installed in every bedroom, hallway, and on each storey.
Those provisions now appear in the Fire Services Act 1990, the Building Fire Safety Regulation 2008 and the Building Regulation 2021.
When will the legislation apply?
Under the legislation the requirement to install smoke alarms applies:
- from 1 January 2017: when a new dwelling is built or substantial renovations are made to an existing dwelling
- from 1 January 2022: when a dwelling is sold or leased
- from 1 January 2027: to all remaining domestic dwellings.
What requirements must installed smoke alarms meet?
The legislation requires that smoke alarms in homes must:
- be photoelectric (AS 3786-2014)
- not contain an ionisation sensor
- be less than 10 years past their manufacture date
- operate when tested, and
- be interconnected with every other required smoke alarm so all alarms activate together.
Smoke alarms must be hardwired or powered by a non-removable 10-year battery.
Where must smoke alarms be installed?
Smoke alarms must be installed on each storey:
- in each bedroom
- in hallways that connect bedrooms to the rest of the home or if there is no hallway, in rooms that connect to bedrooms, and
- if there are no bedrooms on a storey at least one smoke alarm must be installed in the path of travel to exit the building.
Smoke alarms must be installed on the ceiling, if it is practicable, and not be:
- within 300 mm of a corner of a ceiling and a wall
- within 300 mm of a light fitting
- within 400 mm of an air-conditioning supply vent, and
- within 400 mm of the blades of a ceiling fan.
In instances where it is not practicable to mount a smoke alarm on the ceiling, the smoke alarm is to be installed on a wall in an area that is between 100 mm and 300 mm from the ceiling and more than 300 mm from the corner of two walls.
Disaster Management and Other Legislation Amendment Act 2024
Caravans and Motorised Caravans (Motorhomes)
As a result of amendments contained in the Disaster Management and Other Legislation Amendment Act 2024, the Fire Services Act 1990 and the Fire Services Regulation 2011 now require that, from 1 July 2024, newly registered caravans and motorised caravans (otherwise known as motorhomes) and those for which the vehicle registration is transferring must be fitted with battery powered, photoelectric smoke alarms that comply with the relevant Australian Standard (AS 3786-2014 – Smoke alarms using scattered light, transmitted light or ionization).
From January 2027, this requirement will be extended to apply to all Queensland registered caravans and motorised caravans. This will align with the final roll out of legislation for domestic dwellings.
The reforms make it an offence to fail to install an alarm, with the penalty for failing to comply aligning with that for failing to install an alarm in a domestic dwelling. The offence has a maximum penalty of 5 penalty units and a fine of 2 penalty units.