When Do Smoke Alarms In Queensland Need To Be Upgraded?

Queensland residential landlords are required to upgrade smoke alarms in their properties to comply with the updated requirements under the Fire and Emergency Services Act 1990.

Some smoke alarm companies are advising that all upgrades must be completed by 31 December 2021.

As an example:

"This legislation requires all Queensland rental properties to have smoke alarms upgraded by 31 December 2021 and from 1 January 2022, it will be illegal to rent a property that has not been upgraded."

But that is not what the legislation says.

Section 104RBA(2) of the Fire and Emergency Services Act states that the compliance requirement applies where, after 31 December 2021, a new tenancy for the dwelling starts or an existing tenancy for the dwelling is renewed.

For an existing tenancy that is renewed, for example, on 31 March 2022, the compliance requirement applies from that date.

This view has been confirmed with Queensland Fire and Emergency Services (QFES).

This allows landlords to plan upgrades in line with tenancy renewals or vacancies. For some, it may suit to do upgrades during 2022 as tenancies expire or renew.

Ignore the smoke alarm company hype and plan upgrades in line with the legislation. Chat with QFES if you have any questions.

QFES Fact Sheet

Fire and Emergency Services Act 1990

Building Fire Safety Regulation 2008

February 2021

© PELEN 2021

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