By law in QLD, when do smoke alarms in rental properties have to be checked?

Living in a rental property comes with certain responsibilities for both tenants and landlords. One of the most crucial aspects for ensuring the safety of occupants is the installation and regular maintenance of smoke alarms. In Queensland, there are specific laws and regulations in place to safeguard against fire hazards in rental properties.

We thought we would take some time to clarify some possible misconceptions in the industry around a few requirements of smoke alarm compliance, as well as how smoke alarm service providers tend to invoice for their work.

In this article, we will delve into the details of smoke alarm legislation in Queensland, focusing on the required frequency for inspections and the responsibilities of landlords and tenants.

Scope and Frequency of Inspections:

First rule of thumb, the 12 month rule…

The alarms have to be checked at a minimum of every 12 months.

We often hear from some of our property owners and Property Managers that as long as the smoke alarms are checked at least once a year, then that is ok. Unfortunately, this is not the case.

The Queensland government has established strict regulations regarding the inspection and maintenance of smoke alarms in rental properties. According to the state’s legislation, landlords are required to have smoke alarms installed in all required locations within the rental property, and at least one on every level, including the basement. These locations typically include bedrooms, hallways and living areas. Moreover, the smoke alarms must be compliant with Australian Standards (AS) 3786-2014.

In terms of inspection frequency, rental properties need to undergo mandatory smoke alarm checks at specific intervals. Inspections are required every 12 months to ensure the efficient functioning of smoke alarms, which provides landlords peace of mind and keeps their tenants and properties safe.

The following maintenance is recommended:

• Every month: Smoke alarms should be tested.
• Every six months: Smoke alarms should be cleaned of all dust to ensure optimal functionality.
• Once a year: Smoke alarms should be inspected and batteries should be replaced.
• Every 10 years: Smoke alarms should be replaced.

This takes us to rule number 2!… The 30 day rule…

While smoke alarms in all rental properties were required to be checked for compliance once every 12 months, it also goes on to state that they also need to be checked for compliance within 30 days prior to a lease renewal, or the start of a new tenancy. Depending on the term of the lease, or any break-lease situations, this may mean several smoke alarm checks throughout any 12 month period to keep the property compliant. This is all pointed out in The QFES Act (which is the document that dictates smoke alarm requirements in QLD)

Because of the precedent set at the inception of the smoke alarm servicing industry, the Annual Plan has become the most accepted form of invoicing. I like to think of this as being similar to a RACQ policy; the owner of the property pays the one amount (generally) at the same time each year, which permits them to 12 months worth of service from their service provider with varying degrees of inclusions. In some cases this does result in some confusion around when invoices should be paid. For example, we occasionally hear; “I shouldn’t have to pay this invoice because there wasn’t an inspection done and no Work Order issued”. True, however your provider may have been to that property 2 or 3 times throughout the previous 12 months where the owner was not invoiced due to the “All Inclusive” nature of the Annual Plan. Inspection cycles and Invoicing cycles tend to end up becoming “out of sync” because of this.

So, how can this information best be used to have the most effective relationship with your smoke alarm service provider? From our experience, the best way to ensure that your properties stay ‘smoke alarm compliant’, is to provide as much notice as possible for Work Orders, and to include lease start/renewal dates in the notes on the Work Order. I believe a good smoke alarm service provider should be making sure the Property Manager/property owner is notified as properties are nearing 12 months since their last smoke alarm check. If you have any questions or concerns regarding invoices, please get in touch with your contact person at that company and have that open discussion.

Responsibilities of Landlords and Tenants:

Under the updated smoke alarm legislation in Queensland, landlords have several obligations when it comes to smoke alarms in rental properties. Firstly, as mentioned, they must ensure the installation of compliant smoke alarms in the required locations, as well as regular testing and maintenance of the alarms. Landlords have the right of access to the rented premises in order to install smoke alarms, however, they must give their tenant at least two days’ notice prior to installation.

Landlords are also responsible for ensuring that smoke alarms are in working order at the commencement of a tenancy, and that their tenants are provided with detailed information regarding the testing and maintenance requirements for the smoke alarms. This includes providing replacement batteries and instructions on how to change them, as well as demonstrating alarm functionality.

On the other hand, tenants also have responsibilities concerning smoke alarms. It is their responsibility to replace smoke alarm batteries when necessary, however if they are physically unable to change the battery, the tenant is then required to notify the landlord as soon as possible. In the case of hard-wired smoke alarms, back-up batteries should be replaced by the landlord.

The tenant should also notify the landlord if any faults or issues are identified, and should refrain from tampering with or removing them.

Compliance and Penalties:

Non-compliance with smoke alarm legislation can attract significant penalties for landlords. If an inspection reveals non-compliant smoke alarms, landlords may be fined substantially. Moreover, non-compliance puts occupants at risk and compromises their safety in the event of a fire. Therefore, it is crucial for both landlords and tenants to adhere to the regulations and maintain a safe environment.

Hope this helps a little and if you have any questions or concerns regarding any of the above information, please feel free to leave a question in the comments or get in touch with us directly.