Help me Decide a dispute: smoke alarms

Landlord's responsibility for new leases and tenant's if there for 12 months or more. Note also that requirements will be changing in QLD and new works or substantial reno's will no longer be exempt from usual regs. This means interconnected smoke alarms in every bedroom, ever 10m radius in living areas and lighting to exit points.


Long term tenant (more than 12 months)
Residential Tenancies and Rooming Accommodation Regulations
46 Tenant obligations for smoke alarms
(1) This section applies to any smoke alarm installed in the premises.
(2) The tenant must at the tenant’s cost— (a) ensure the smoke alarm is cleaned and tested in the premises at least once every year; and
(b) replace the batteries in the smoke alarm in accordance with the information statement given to the tenant by the lessor; and
(c) if the tenant becomes aware that the smoke alarm in the premises has failed or is about to fail other than because the battery is spent or almost spent—advise the lessor as soon as practicable; and
(d) ensure that electricity supply is and remains connected to the premises at all times during the tenancy or any other holding over period; and
(e) not do anything or fail to do anything which would reduce the effectiveness of the smoke alarm.

Short Term
Fire and Emergency Services Act
104RD Testing smoke alarms
(1) Within 30 days before the start of a tenancy in a domestic dwelling, the lessor must test each smoke alarm in the dwelling in compliance with this section. Maximum penalty—5 penalty units.
(2) During a tenancy in a domestic dwelling, the tenant must test each smoke alarm in the dwelling, in compliance with this section, at least once every 12 months. Maximum penalty—5 penalty units
(3) An alarm must be tested as follows—
(a) for an alarm that can be tested by pressing a button or other device to indicate whether the alarm is capable of detecting smoke—by pressing the button or other device;
(b) otherwise— (i) for the lessor—by testing the alarm in the way stated in the manufacturer’s instructions; or (ii) for the tenant—by testing the alarm in the way stated in the information statement

 

They said they were going to refund it originally. Since they did it the first time.

This mention of legislation is only yesterdat

Until yesterday it was "we had a bad experirence with another landlord who said their smoke alrams were fine but they hadnt been touched for 10 yrs"
To me which indicates nothing of a requirement, but merely a preference to make things easier for them primarily, and to a lesser extent , cover my backside

 

So to me for non new non reno properties, that means no legislation enforcing me to use their service but merelt the agents job to press the buttons!

 

That's all well and good.

If your house burns down and your insurance company says they won't pay, who will you go after?

 

@RPI - the BCA doesn't require the installation of smoke alarms in every bedroom unless it's a boarding house. Is this requirement a state specific amendment?

Interconnected alarms are used in apartment blocks/motels/boarding houses/dormatories (testing undertaken by the strata Manager annually for the AFSS).

 

I assume that the agent doesn't carry a ladder and their workers compensation policy covers office works and site inspections but not testing of equipment and services. They would have to engage a contractor for this task.

 

I imagine that many of the agents will be refusing to do tests for insurance reasons and will be pushing the testing services.

 

This is QLD specific at this stage in response to some Logan fire deaths last year. My understanding is that there is a higher incidence on fires in Logan (and I'm sure other lower SES areas) due to a higher incidence of electricity disconnections due to non payments of bills leading to a higher incidence of candle use.

I also wouldn't be surprised if they brought in a phase in period for rental properties that have not had work done, but there is no word of this as yet.

 

Why would Michael do that. Should the agent not be documenting it seeing they want it followed.

@brettc where does EBM stand on detector testing

 

can you as the vendor test them your self? i thought you had to pay someone else to do it?

 

Why would he have the agent quote the relevant legislation? Because he said it was there i.e. to identify whether the agent is telling the truth or lying/not familiar with it.

RPI has since posted it above.

@Scott No Mates, seems a bit rich to suggest the agent can't press a button. I've never lived in Queensland, but don't recall seeing a smoke detector in an SA home which couldn't be tested with a broom handle.

@Truly Exotic, what would it take in the property? Would a ladder be required?

 

That will test that the unit is powered. It will not test the fire alarm is functional.
Plus, half of the work involved is actually documenting the test was completed in a complying fashion.
If my REA said they were running around testing fire alarms, I would question why they are wasting their resources and not focusing on more important matters.

If the cost is minimal I would probably just wear it, as peice of mind. If you want to get pedantic contact other authorised testers to get quotes. You could even question the REA's 'relationship' with the company (ie - do they get any kickbacks? or are there related entities etc).

For $99/year, I wouldnt bother.

Blacky

 

There's a mob in Brisbane, Logan, Ipswich that does it for $50 now. Dragon Sheild I think.

I think most agents wouldn't have clue when they quote "the legislation" the "water compliance certificate" is one that gets me.

 

This may be of interest - NSW Fair Trading

 

The agent not wanting to take the risk of having a non-complying property on the books has the right to drop that property from the rent roll but not incur fees the management agreement etc does not permit.

 

I have also received an info letter from them, with this extract

"
Dear «
BUILDING FIRE SERVICES REGULATIONS FOR «RENTAL_PROPERTY_STREET»

«RENTAL_PROPERTY_CITY»

You might be aware of the Building Fire Services Legislation review and introduction of the

Building Fire Services Regulations 2008. This means there are numerous compliancy obligations that are faced by Lessors who own units in a multiple dwelling complex. Your investment Property has been identified as a Property that will be affected by the Legislation.

As you currently own the whole complex with no Body Corporate to oversee the introduction of this Legislation, the onus for the completion of required reports, inspections and installing and servicing of fire fighting equipment falls back to you as the Owner.

Due to the complexity of the requirements of this Legislation, our Agency is recommending that you engage a qualified Fire Services Company to conduct and complete inspections and reports on your behalf. Our Agency WILL NOT be completing any Legislative requirements regarding the Building Fire Services Regulations 2008 on your behalf, although we are still able to offer the service of paying any accounts or liaising between Tenants and your approved Fire Services Company on your behalf.

We have received information from the following Fire Services Companies who are offering Owners of multiple dwelling, services to comply with the Legislative requirements. Please find following contact details for these companies for your research and arrangements.


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doesnt this mean the PM has done exactly what they say they wont do????

 

What did they say they wouldnt do?

 

According to my small brain, the bold bit above means the agency wont be doing any compulsory stuff and its up to the landlord to do it.

Yet they gone and enrolled me in a service i specifically said no to,with the excuse of legislation