QLD: Q&A Smoke Alarms – A Timely Reminder For Body Corporate

This article is about making sure the smoke alarms in your body corporate comply with current legislation.

Table of Contents:

• QUESTION: Our common area smoke alarm’s batteries in our 8 unit complex are replaced every 12 months. Can this maintenance be done by a member of the body corporate committee or do we have to employ a fire maintenance contractor?
• QUESTION: I am running a short-term letting hotel and am having issues with smoke alarms being activated by the guests. The cost is around $1400 each time the alarm is activated. Is there a way I can recover this cost from the offending resident or lot owner?
• QUESTION: On what basis should the body corporate be actively checking up on smoke alarm status?
• QUESTION: Who is responsible for making sure the new QLD smoke alarm regulations have been addressed? The owner, managing agent or committee.
• QUESTION: How often are the batteries in smoke alarms located in common areas of a Strata Title block of 10 units required to be tested? We have both Quell and Brooks alarms.
• 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?

Question: Our common area smoke alarm’s batteries in our 8 unit complex are replaced every 12 months. Can this maintenance be done by a member of the body corporate committee or do we have to employ a fire maintenance contractor?

Answer: An owner/occupier can service and maintain a smoke alarm as long as they follow the manufactures maintenance instructions.

Yes. Smoke Alarms are no longer a fire protection works and do not require a maintenance contractor to maintain. An owner/occupier can service and maintain a smoke alarm as long as they follow the manufactures maintenance instructions. The most important part is to document any maintenance to be able to demonstrate compliance.

Stefan Bauer
Fire Matters
E: sbauer@firematters.com.au
P: 07 3071 9088

This post appears in Strata News #641

Question: I am running a short-term letting hotel and am having issues with smoke alarms being activated by the guests. The cost is around $1400 each time the alarm is activated. Is there a way I can recover this cost from the offending resident or lot owner?

Answer: change the body corporate by-laws so that any costs incurred by the body corporate by an owner can be transferred to the owner. This can specify fire alarm call out fees.

A simple answer is that you could look to change the body corporate by-laws so that any costs incurred by the body corporate by an owner can be transferred to the owner. This can specify fire alarm call out fees. Contact a strata solicitor to have a motion drafted then place on the next general meeting notice for owners to vote on.

Alternatively, you might look at adding clauses to your leasing contracts to transfer all costs to occupants in the event of a loss to the body corporate. Again, speak to a solicitor about this.

Beyond this, it is worth thinking about why there are call out charges and what you can do to reduce the incidence of call outs.

As per their website, the QFES apply these charges to ‘encourage building owners or occupiers to be continually proactive in managing fire alarm systems’. As such, you might ask whether your fire system is up to date or if it needs an upgrade of some kind. Contact a fire maintenance company and have them do a review of your set up. An improvement as simple as cleaning the sensors could make a difference.

Interestingly, the QFES states that it ‘does not endorse ‘on-charging’ alarm attendance charges to tenants / occupants or contractors unless the third party has engaged in reckless or negligent behaviour’. This opens up some area of dispute around on-charging. It can be hard to prove that an occupant has been reckless or negligent and easy to deny it. Conversations around these issues can quickly become heated or lead to protracted disputes. So you need to think carefully when looking to on-charge.

That being the case, it is good to think through all possible causes for unwanted alarms and what can be done to mitigate them. For example, many alarms are set-off from something as simple as burnt toast. It doesn’t feel like anyone’s fault, but when was the last time the toaster was cleaned? If you are having problems it is worth asking these questions.

You should also communicate the issue to occupants of the building so they are aware of the risk. Put up signs at the building advising owners to be considerate and that they may be charged if there is an alarm. As you are doing short-term letting, make it clear in your correspondence to tenants that they might be charged. If people are aware there is a risk they will alter their behaviour accordingly.

For more information see the QFES website: Unwanted Alarm Activation.

They also have a Guide on unwanted alarms.

William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924

This post appears in Strata News #599.

Question: On what basis should the body corporate be actively checking up on smoke alarm status?

In a recent article, you state “even where the lot owner is responsible for smoke alarms, our view is that the body corporate ought to take steps to ensure that lot owners are complying with their obligations to install and maintain appropriate smoke alarms”.

On what basis do you think the body corporate should be actively checking up on smoke alarm status? Wouldn’t this be part of the sale/leasing process? I understand having functioning alarms is to everyone’s benefit, but I’m not sure if it authority to check for, and then enforce, any shortcomings.

Answer: An obligation to do so could arise from Work, Health and Safety obligations, as part of the broader fire safety compliance requirements or even as best practice. There is authorisation to do so in light of sections 161 and 163 of the BCCMA.

Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753

This post appears in Strata News #595.

Question: Who is responsible for making sure the new QLD smoke alarm regulations have been addressed? The owner, managing agent or committee.

I live in a complex with approximately 30 rental properties. Some of the owners live interstate or overseas and may not be aware of the new QLD regulations to have smoke alarms fitted by January 2022 to domestic buildings leased or sold. Who is responsible for making sure the alarms have been fitted? The owner, managing agent or committee.

Answer: It would be prudent of a body corporate to request a copy once a unit has been upgraded

From January 2022 the smoke alarms require to be upgraded at the beginning of a new lease or at the renewal of an existing lease. This can be managed by the landlord or the managing agent, reputable installers will provide a certificate of installation. It would be prudent of a body corporate to request a copy once a unit has been upgraded to indicate that the installation is in compliance with the legislation.

Stefan Bauer
Fire Matters
E: sbauer@firematters.com.au
P: 07 3071 9088

This post appears in the August 2020 edition of The QLD Strata Magazine.

Question: How often are the batteries in smoke alarms located in common areas of a Strata Title block of 10 units required to be tested? We have both Quell and Brooks alarms.

Answer: There are two types of backup batteries for smoke alarms.

There are two types of backup batteries for smoke alarms. There are Lithium batteries, they have a 10 year life span and can not be replaced, and the detector should be replaced after ten years.

The smoke alarms that have a 9v backup battery, these batteries should be replaced every year, this is normally done during the annual service.

Stefan Bauer
Fire Matters
E: sbauer@firematters.com.au
P: 07 3071 9088

This post appears in the September 2020 edition of The QLD Strata Magazine.

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: sbauer@firematters.com.au
P: 07 3071 9088

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
E: dean@trilogyfiresafety.com
P: 07 3901 8203

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.

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This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.

Read next:

• QLD: Q&A Fire Audit and Fire Door Compliance

Visit Maintenance and Common Property OR Strata Legislation QLD

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