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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Fire and Emergency Services
(Smoke Alarms) Amendment
Bill 2015
Queensland
Fire and Emergency Services (Smoke
Alarms) Amendment Bill 2015
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 104RA (Definitions for div 5A) . . . . . . . . . . . . . . 4
5 Amendment of s 104RB (Owner must install smoke alarm). . . . . 5
6 Amendment of s 104RD (Testing smoke alarms) . . . . . . . . . . . . . 6
7 Insertion of new ss 104RDA and 104RDB . . . . . . . . . . . . . . . . . . 7
104RDA Replacing battery-powered smoke alarms . . . . . . . . . 7
104RDB Replacing hard-wired smoke alarms . . . . . . . . . . . . . 8
8 Amendment of s 104RH (Person must not interfere with smoke alarm) 8
9 Insertion of new ch 5, pt 5, div 8. . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 8 Transitional provision for Fire and Emergency
Services (Smoke Alarms) Amendment Act
2015
206 Replacing existing smoke alarms . . . . . . . . . . . . . . . . 8
207 Installing smoke alarms . . . . . . . . . . . . . . . . . . . . . . . 9
2015
A Bill
for
An Act to amend the Fire and Emergency Services Act 1990 for
particular purposes
Fire and Emergency Services (Smoke Alarms) Amendment Bill 2015
[s 1]
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Fire and Emergency Services 3
(Smoke Alarms) Amendment Act 2015. 4
Clause 2 Commencement 5
This Act commences on 1 July 2016. 6
Clause 3 Act amended 7
This Act amends the Fire and Emergency Services Act 1990. 8
Clause 4 Amendment of s 104RA (Definitions for div 5A) 9
(1) Section 104RA, definitions class 1a building, class 2 building 10
and domestic dwelling-- 11
omit. 12
(2) Section 104RA-- 13
insert-- 14
building classification means a building 15
classification under part A3 of the 2015 edition 16
of the Building Code of Australia. 17
domestic dwelling means-- 18
(a) a single dwelling mentioned in paragraph 19
(a) of the class 1 building classification; or 20
(b) a building mentioned in paragraph (b)(i) of 21
the class 1 building classification; or 22
(c) a single dwelling mentioned in paragraph 23
(b)(ii) of the class 1 building classification; 24
or 25
(d) a sole occupancy unit. 26
Page 4
Fire and Emergency Services (Smoke Alarms) Amendment Bill 2015
[s 5]
(3) Section 104RA, definition sole-occupancy unit, '2005'-- 1
omit, insert-- 2
2015 3
Clause 5 Amendment of s 104RB (Owner must install smoke 4
alarm) 5
(1) Section 104RB(2)-- 6
omit, insert-- 7
(2) A smoke alarm must be installed on or near the 8
ceiling-- 9
(a) for each storey of the domestic dwelling 10
containing a bedroom-- 11
(i) between each part of the dwelling 12
containing a bedroom and the rest of 13
the dwelling; and 14
(ii) in each hallway that has an entrance to 15
a bedroom; and 16
(b) for each storey of the domestic dwelling that 17
does not contain a bedroom--in an exit path 18
for the storey. 19
(2A) Each smoke alarm must-- 20
(a) be a photoelectric smoke alarm; and 21
(b) comply with AS 3786-1993; and 22
(c) have been manufactured less than 10 years 23
before the smoke alarm is installed; and 24
(d) operate when tested. 25
(2B) Also, each smoke alarm must be-- 26
(a) a 240V smoke alarm that is hard-wired to 27
the domestic dwelling's electricity supply; 28
or 29
(b) powered by a battery that is-- 30
(i) a 9V lithium battery; and 31
Page 5
Fire and Emergency Services (Smoke Alarms) Amendment Bill 2015
[s 6]
(ii) manufactured to have a battery life of 1
at least 10 years. 2
(2) Section 104RB-- 3
insert-- 4
(5) In this section-- 5
exit, for a storey of a domestic dwelling, means 6
any of the following that have direct access to a 7
road or an open area-- 8
(a) a corridor or hallway; 9
(b) a doorway; 10
(c) a ramp; 11
(d) a stairway. 12
exit path, for a storey of a domestic dwelling, 13
means an area that has direct access to an exit for 14
the storey. 15
open area means an area that is open to the sky 16
and has direct access to a road. 17
Clause 6 Amendment of s 104RD (Testing smoke alarms) 18
(1) Section 104RD(1)-- 19
omit, insert-- 20
(1) The owner of a domestic dwelling must test each 21
smoke alarm in the dwelling in compliance with 22
this section-- 23
(a) at least once every 1 year; and 24
(b) within 30 days before the start of a tenancy 25
in the dwelling. 26
Maximum penalty--5 penalty units. 27
(2) Section 104RD(3)(b)(i), 'lessor'-- 28
omit, insert-- 29
owner of the domestic dwelling 30
Page 6
Fire and Emergency Services (Smoke Alarms) Amendment Bill 2015
[s 7]
(3) Section 104RD(3)(b)(ii), 'the tenant'-- 1
omit, insert-- 2
a tenant 3
Clause 7 Insertion of new ss 104RDA and 104RDB 4
After section 104RD-- 5
insert-- 6
104RDA Replacing battery-powered smoke alarms 7
(1) This section applies to a smoke alarm in a 8
domestic dwelling that is-- 9
(a) powered by a battery (the installed battery); 10
and 11
(b) not hard-wired to the dwelling's electricity 12
supply. 13
(2) If the smoke alarm does not operate when tested 14
in accordance with section 104RD and the 15
battery is capable of being replaced, the owner of 16
the domestic dwelling must immediately replace 17
the installed battery with a battery that complies 18
with section 104RB(2B)(b). 19
(3) If the installed battery is not capable of being 20
replaced, or the smoke alarm still does not 21
operate when tested after the owner of the 22
domestic dwelling complies with subsection (2), 23
the owner must immediately replace the smoke 24
alarm with a smoke alarm that complies with 25
section 104RB. 26
(4) Despite subsection (2), the owner of the domestic 27
dwelling must, if the installed battery is capable 28
of being replaced, replace the installed battery 29
with a battery that complies with section 30
104RB(2B)(b) within 10 years after the day the 31
installed battery was manufactured. 32
Page 7
Fire and Emergency Services (Smoke Alarms) Amendment Bill 2015
[s 8]
104RDB Replacing hard-wired smoke alarms 1
(1) This section applies to a smoke alarm in a 2
domestic dwelling that is hard-wired to the 3
dwelling's electricity supply. 4
(2) If the smoke alarm does not operate when tested 5
in accordance with section 104RD, the owner 6
must immediately replace the smoke alarm with a 7
smoke alarm that complies with section 104RB. 8
(3) Despite subsection (2), the owner of the domestic 9
dwelling must replace the smoke alarm within 10 10
years after the day the smoke alarm was 11
manufactured. 12
Clause 8 Amendment of s 104RH (Person must not interfere with 13
smoke alarm) 14
Section 104RH(2), before paragraph (a)-- 15
insert-- 16
(aa) replacing a smoke alarm to comply with 17
section 104RDA or 104RDB; 18
Clause 9 Insertion of new ch 5, pt 5, div 8 19
After section 205-- 20
insert-- 21
Division 8 Transitional provision for 22
Fire and Emergency 23
Services (Smoke Alarms) 24
Amendment Act 2015 25
206 Replacing existing smoke alarms 26
(1) This section applies if, immediately before the 27
commencement, smoke alarms were installed in a 28
domestic dwelling in compliance with this Act as 29
in force immediately before the commencement. 30
Page 8
Fire and Emergency Services (Smoke Alarms) Amendment Bill 2015
[s 9]
(2) The owner of the domestic dwelling must replace 1
the smoke alarms with smoke alarms that comply 2
with section 104RB, within 3 years after the 3
commencement. 4
207 Installing smoke alarms 5
(1) This section applies if, on the commencement, no 6
smoke alarms are installed in a domestic 7
dwelling in compliance with section 104RB. 8
(2) The owner of the domestic dwelling must install 9
smoke alarms in the dwelling in compliance with 10
section 104RB before the first of the following 11
happens-- 12
(a) any transfer date for the dwelling; 13
(b) the day any existing residential tenancy 14
agreement or rooming accommodation 15
agreement for all or part of the dwelling 16
ends; 17
(c) the day any new residential tenancy 18
agreement or rooming accommodation 19
agreement for all or part of the dwelling 20
starts; 21
(d) the day that is 1 year after the 22
commencement. 23
Maximum penalty--5 penalty units. 24
(3) In this section-- 25
residential tenancy agreement see the 26
Residential Tenancies and Rooming 27
Accommodation Act 2008, section 12. 28
rooming accommodation agreement see the 29
Residential Tenancies and Rooming 30
Accommodation Act 2008, section 16. 31
transfer date, for a domestic dwelling, means the 32
date a person is entitled to possession of the 33
Page 9
Fire and Emergency Services (Smoke Alarms) Amendment Bill 2015
[s 9]
dwelling under any agreement to transfer 1
possession of the dwelling. 2
Authorised by the Parliamentary Counsel
Page 10
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