Category: Info

Queensland has the most stringent smoke alarm laws in the nation. These laws have been amended and updated over time due to several tragic fires which have resulted in significant loss of life.

Queensland Smoke Alarm Legislation

The two main pieces of legislation in Queensland are the;

  • Fire Services Act 1990 (previously known as the Fire and Emergency Services Act 1990)
  • Building Fire Safety Regulation 2008

The objectives of the legislation are to ensure that all fire safety installations (including interconnected smoke alarms) within a building are maintained, and to ensure that people can safely evacuate from a building in the event of a fire.

Building Fire Safety Regulation 2008 – Smoke Alarms

Part 5A of the QLD Building Fire Safety Regulation 2008 deals specifically with smoke alarm requirements for domestic dwellings. It states that smoke alarms must;

  • Comply with the Australian Standard (AS 3786:2014).
  • Contain a photoelectric sensor, and not also contain an ionization sensor.
  • Be either hardwired into the building’s main power supply or powered by a non-removable minimum 10-year lifespan battery.

Where Should Smoke Alarms Be Installed?

Part 5A also states exactly where smoke alarms must be installed inside a domestic dwelling (prescribed locations). It says that photoelectric smoke alarms must be installed in;

  • each bedroom.
  • the hallway which connects each bedroom.
  • if there is no hallway connecting each bedroom, then a part of the storey that is between the
    bedroom and the rest of the dwelling.
  • for each storey with no bedrooms—on the most likely travel path of exit from the dwelling.

Where Should Smoke Alarms Not Be Installed

Part 5A (3) also provides exact distances and measurements where smoke alarms should / should not be installed. It states that smoke alarms must not be installed;

  • within 300mm of a light fitting.
  • within 300mm of a corner of the ceiling and a wall.
  • within 400mm of an opening from which air is supplied from an air conditioner or forced air vent.
  • within 400mm of the blades of a ceiling fan.

Fire Services Act 1990 – Interconnected Smoke Alarms

In addition to the above, Division 5A of the QLD Fire Services Act 1990 (previously named the Fire and Emergency Services Act 1990) stipulates that from 1st January 2022 all rental properties and properties being sold in Queensland must have smoke alarms which;

  • Are less than 10 years old.
  • Operate when tested.
  • Be interconnected with every other smoke alarm in the building so that all activate together.

If the smoke alarm being replaced was hardwired to the domestic dwelling’s electricity supply, the replacement smoke alarm must also be hardwired to the dwelling’s electricity supply. Any newly constructed homes or substantial renovations must have interconnected photoelectric smoke alarms which are hardwired to the mains power supply. A definition of a ‘substantial renovation’ is provided within the Act.

Furthermore, these interconnected fire alarm requirements will become mandatory for ALL dwellings in Queensland by 1st January 2027.

Interconnected Smoke Alarms In QLD Rental Properties

With respect to QLD rental properties, in addition to all the above points, the Act also states that;

  • The lessor must test each smoke alarm within 30 days before the start of a tenancy in a domestic dwelling.
  • The tenant must test each smoke alarm in the dwelling at least once every 12 months.
  • If the tenant is aware a smoke alarm in the dwelling has failed, the tenant must advise the lessor as soon as practicable.
  • The tenant must clean each smoke alarm at least once every 12 months.

Direct links to the QLD government website are posted below if you would like to read the full legislative documents for yourself.

QLD Building Fire Safety Regulations 2008 (current as at 01 July 2024)
QLD Fire Services Act 1990 (current as at 01 July 2024)

Want to know more? Watch our ZEN quick start video or call us on 0478 596 402 today

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ZEN Photoelectric Smoke Alarms

New Farm, QLD, 4005

Environmental Planning And Assessment Amendment

(Smoke Alarms) Regulation 2006

On 1 May 2006, the NSW Government introduced new legislation following a series of fatal house fires. Division 7A of the NSW ‘Environmental Planning and Assessment (Smoke Alarms) Regulation 2006’ calls out minimum requirements for smoke alarm installation in existing residential buildings.

The NSW Environmental Planning and Assessment Amendment (Smoke Alarms) Regulation 2006 says that;

– Smoke alarms must comply to Australian Standard 3786:2014 and can be powered either by a 10-year non-removeable battery, or hard wired to the mains electricity supply.

– A minimum of one working smoke alarm should be installed on each level of a dwelling (even if there are no bedrooms on that level).

NSW Interconnected Smoke Alarms – Best Practice

Note that whilst this is the minimum standard required by NSW law, Fire and Rescue NSW recommends best practice by installing interconnected smoke alarms in all bedrooms and living spaces (including hallways and stairways) on every level of the property.

NSW interconnected smoke alarms recommended installation – image courtesy Fire and Rescue NSW

Residential Tenancies Regulation 2019

A new section (64A) relating to smoke alarms has also been added to the NSW Residential Tenancies Act 2010. This new section came into effect on March 2020 and placed extra obligations for smoke alarms on landlords and tenants in accordance with the NSW Rental Tenancies Regulation 2019.

NSW Smoke Alarm Requirements For Landlords

  • Ensure smoke alarms are installed as per NSW Regulations.
  • Conduct an annual check to ensure all smoke alarms are functioning.
  • Repair or replace a smoke alarm within 2 business days of becoming aware that the smoke alarm is not working.
  • Engage an authorised electrician to repair or replace a hardwired smoke alarm.
  • Replace removeable batteries in smoke alarms annually.

NSW Smoke Alarm Requirements For Tenants

  • Inform the landlord if a repair or a replacement of a smoke alarm is required, including replacing a battery.
  • Only replace a battery in a battery-operated smoke alarm, or a back-up battery in a hardwired smoke alarm, if the smoke alarm has a removable battery.
  • Give the landlord written notice, as soon as practicable if the tenant will carry out and has carried out a smoke alarm repair or replacement, or engages a person to carry out a repair or replacement.

Both landlord and tenant must not remove or interfere with the operation of a smoke alarm installed on the residential premises unless they have a reasonable excuse to do so.

Direct links to the NSW Government website are posted below if you would like to read the legislative documents for yourself.

NSW Environmental Planning and Assessment Amendment (Smoke Alarms) Regulation 2006

NSW Residential Tenancies Regulation 2019 (current as at 03/08/2023)

Want to know more? Watch our ZEN quick start video or call us on 0478 596 402 today

We love talking smoke alarms!

ZEN Photoelectric Smoke Alarms

New Farm, QLD, 4005

Victorian smoke alarm laws are derived primarily from the Victorian Building Regulations 2018 (which requires smoke alarms to be installed in accordance with the Building Code of Australia) and also the Victorian Residential Tenancies Regulations 2021, which places smoke alarm duties on both the landlord and tenant.

Victorian Building Regulations 2018 – Smoke Alarms

The Victorian Building Regulations 2018 (Part 9) state that interconnected smoke alarms need to be installed in accordance with the Building Code of Australia 2014. What this means is that;

  • Smoke alarms are mandatory and must be installed in residential buildings on or near the ceiling of every storey.
  • Smoke alarms need to be located in a position designed to wake sleeping occupants of a building.
  • Residential homes constructed before 1 August 1997 may have 10-year battery-powered photoelectric smoke alarms installed.
  • Residential homes constructed after 1 May 2014 and where there is more than one alarm in the property require mains powered and interconnected photoelectric smoke alarms.
  • Residential homes constructed after 1 August 1997 require 240V hardwired photoelectric smoke alarms with an inbuilt backup battery.

Smoke Alarm Legislation For Victorian Rental Properties

The Residential Tenancies Regulations 2021 came into effect March 2021 and establishes requirements for smoke alarms in Victorian residential rental properties. The regulations stipulate duties for both landlords and tenants.

Vic Residential Tenancies Regulations 2021 – Smoke Alarms

Smoke Alarm Duties For Victorian Landlords (Rental Providers):

  • Ensure smoke alarms are correctly installed and in working order.
  • Ensure they are tested at least annually.
  • Replace the smoke alarm batteries as required.
  • Repair or replace alarms as an urgent repair.

The landlord must provide written information to the tenant on how to operate and test the alarms and also reminding them of their obligation not to tamper with the alarms and to report any defective smoke alarms.

Smoke Alarm Duties For Victorian Tenants (Renters):

  • Tenants must immediately give the landlord written notice if a smoke alarm is defective.
  • Tenants must not deactivate or remove a smoke alarm or interfere with its operation.

Direct links to the Victorian government website are posted below if you would like to read the full legislative documents for yourself.

Victorian Building Regulations 2018

Victorian Residential Tenancies Regulations 2021

Want to know more? Watch our ZEN quick start video or call us on 0478 596 402 today

We love talking smoke alarms!

ZEN Photoelectric Smoke Alarms

New Farm, QLD, 4005

Smoke Alarm Laws In Western Australia

Smoke alarm laws in Western Australia are derived from the;

W.A Building Regulations 2012 (division 3) which enshrine Building Code of Australia smoke alarm requirements.

W.A Building Regulations 2012 – Smoke Alarms

In 1997, 240v hardwired smoke alarms became compulsory in Western Australia for all newly constructed residential buildings (or residential building extensions). From 2009 onwards this was extended to also include all existing residential buildings, prior to their transfer of ownership, rent or hire.

In Western Australia smoke alarms must;

  • be positioned according to the requirements of the Building Code of Australia
  • comply with Australian Standard 3786:2014
  • be permanently connected to consumer mains power (i.e. 240V hardwired)
  • be interconnected, if your home was newly built after the 1 May 2015.
  • be less than 10 years from the date of manufacture

Can I Use Battery Smoke Alarms In Western Australia?

Yes you can – W.A Building Regulations 2012 allow the use of 10 year non-replaceable battery powered smoke alarms in certain situations. This may include where mains power is not connected to the building, there is no hidden space to run the necessary wiring for mains powered alarms, and there is no appropriate alternative location – for example, where there is a solid concrete ceiling. It should be noted that formal approval must be obtained by the local council to use 10 year non-replaceable battery powered smoke alarms in these situations.

smoke alarms laws in Western Australia

Perth house fire – Western Australia

Smoke Alarm Laws In Western Australia Rental Properties

Landlords renting or hiring out their property are required to maintain the smoke alarms by law. This includes ensuring that the smoke alarm is;

  • in working order;
  • compliant to Australian Standard 3786;
  • connected (hard wired) to 240 volt mains power;
  • less than 10 years old from date of manufacture;
  • if the use of a battery powered smoke alarm has been approved by the local council, the alarm has a non-removeable 10-year life lithium battery.

A direct link to the Western Australian government website is posted below if you would like to read the full legislative document for yourself.

W.A Building Regulations 2012

Want to know more? Watch our ZEN quick start video or call us on 0478 596 402 today

We love talking smoke alarms!

ZEN Photoelectric Smoke Alarms

New Farm, QLD, 4005