This article is about making sure your smoke alarms comply with current legislation.
Table of Contents:
- QUESTION: Who is responsible for maintaining smoke detectors that are hard wired to the alarm panel? Is it the body corporate or the lot owner?
- QUESTION: Our committee is divided in regard to the issue of compliance with the new QLD smoke alarm laws. Is it the lot owner’s or body corporate’s responsibility to ensure all units have compliant smoke alarms?
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Question: Who is responsible for maintaining smoke detectors that are hard wired to the alarm panel? Is it the body corporate or the lot owner?
Answer: The maintenance of a Fire Detection and Alarm system within a building falls under the responsibility of the Body Corporate
The maintenance of a Fire Detection and Alarm system within a building falls under the responsibility of the Body Corporate as the managing entity as it is part of the base building installations. Same as a hydrant or sprinkler system if installed.
This includes the annual testing of the smoke detectors and any other actuating devices and interfaced system. This is to confirm that the system continues to operate as per the original design intent. If the detection system extends to covering individual units, then 50% of smoke detectors installed within the units must be tested on an annual basis.
This is different to smoke alarms (detectors with internal sounders) when installed within a unit, the testing and maintaining is the responsibility of the occupier.
Stefan Bauer
Fire Matters
E: [email protected]
P: 07 3901 8203
This post appears in the November 2020 edition of The QLD Strata Magazine.
Question: Our committee is divided in regard to the issue of compliance with the new QLD smoke alarm laws. Is it the lot owner’s or body corporate’s responsibility to ensure all units have compliant smoke alarms?
Our committee, representing a 150 unit complex, is divided in regard to the issue of compliance with the new QLD smoke alarm laws.
Some believe that it is a unit owners responsibility. Others believe that, as the Body Corporate has a responsibility for overall property insurance, the Body Corporate should take responsibility of ensuring all units have compliant smoke alarms.
I believe the body corp is responsible as should there be an event like a major fire that arises from a unit with a non compliant alarm, the Insurer might well deny a claim or at the very least, impose a massive excess and increase in premiums.
We are all aware of the various timetables applicable, but I am personally concerned that 2027 is far too late.
Answer: The smoke alarms are located inside the unit so the Body Corporate would not be responsible for their replacement.
The simple answer to the questions is, the individual property owners are required to meet the Building Fire Safety Regulation smoke alarm changes in the allocated time frames. The smoke alarms are located inside the unit so the Body Corporate would not be responsible for their replacement.
The reason for the change in legislation is primarily to increase the number of working smoke alarms in a residential property which in turn will increase the safety of the occupants. It’s not about people having “non-compliant” alarms.
While most property owners do not have to comply to the legislation until 2027, best practice would be to have working interconnected Photoelectric smoke alarms in your property asap, working smoke alarms save lives.
Dean Christoff
Trilogy Fire Safety
P: 07 3901 8203
E: [email protected]
This post appears in Strata News #407
Have a question about making sure your smoke alarms comply with current legislation or something to add to the article? Leave a comment below.
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
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Section 104RBA of the Fire and Emergency Services Act places the responsibility on the owner of a domestic dwelling to install a smoke alarm in compliance with the new legislation. The primary purpose of the smoke alarm is to alert the occupant, I would not envisage any insurance implication, as long as the smoke alarms are working and are maintained, this could be different if the smoke alarm was not working and the fire was allowed to develop without notice.
As a body corporate it would be prudent to monitor the upgrade of the units and request compliance certificates upon completion, certifying product selection and installation requirements have been met. There could however be a financial incentive to an installer to upgrade all 150 units which would benefit each unit owner.
Our committee, representing a 150 unit complex, is divided in regard to the issue of compliance with the new Qld smoke alarm laws. Some believe that it is a unit owners responsibility. Others (including myself) believe the Body Corp should take responsibilty of ensuring all units have compliant smoke alarms. The reasoning being that the Body Corporate has a responsibility for overall property insurance, and should there be an event (say a major fire) that arises from a unit with a non compliant alarm, then the Insurer might well deny a claim…. or at the very least impose a massive excess and increase in premiums.
We are all aware of the various timetables applicable, but I am personally concerned that 2027 is far too late.
I cannot find any current views on this and therefore seek some ideas from this forum
Hi John
Dean Christoff from Trilogy Fire Safety has replied to this question in the article above.