Dangerous Defects with Ionization Smoke Alarms - Landlordʼs Liability

Dear Landlord,

Legislation mandates that working smoke alarms be fitted in all rental properties. Did
you know there are TWO types of smoke alarms, ionization and photoelectric?

Ionization smoke alarms are in almost all Australian homes. Please check what type
and how many smoke alarms are installed in your property. Ionization smoke alarms
often display a radiation symbol on the outside or inside of the unit and are frequently
activated by burning toast and cooking vapours.

On the first of June, 2006 the Australasian Fire & Emergency Service Authorities
Council (AFAC) released an official position statement which says:
“That all residential accommodation be fitted with PHOTOELECTRIC
smoke alarms . . . Ionization smoke alarms may not operate in time
to alert occupant early enough to escape from smouldering fires.”

Given,
A) ionization smoke alarm has now been declared to have dangerous defects,

B) The Queensland Fire & Rescue Service (QFRS) now strongly recommends the
installation of photoelectric smoke alarms in all residential acommodation, and

C) Australia’s smoke alarm standard, AS3786 has been corrected in

acknowledgement of the fact that testing of ionization smoke alarms is flawed,

despite the fact that the corrected standard is pending legislation, this communication
is to advise you of legal liability arising from the installation of defective smoke alarms.

In reading this letter, you have now been informed of this safety issue and now have
‘prior knowledge’ and therefore have an attendant Duty of Care to ensure your tenants
are protected by non-defective smoke alarms. It is important to note that should a
AUSTRALIA tenant suffer death, injury or loss of property due to the failure of ionization smoke
23 Ocean Grove
Currumbin, QLD 4223
alarms they may litigate.
AUSTRALIA
P +61 (0) 409 782 166 The World Fire Safety Foundation strongly recommend that you investigate this critical,
E ab@TheWFSF.org life-safety issue without delay and take urgent steps to protect your tenants from harm
and yourself from litigation.
CANADA
Emergency Mgmnt Office
Fanshaw College, Ontario
For detailed information on this issue visit our website:
CANADA N5Y 5R6 www.TheWorldFireSafetyFoundation.org/afac
P +1 519 452 4430
F +1 519 451 0513 Thank you.
E sc@TheWFSF.org
Sincerely,
UNITED STATES
PO Box 196
Citrus Heights
CA 95611-0196
USA Adrian Butler
P +1 916 721 7700
E rp@TheWFSF.org
The World Fire Safety Foundation
Chairman, former full-time fire fighter

LandlordsLetter.pdf Version 1.1 | Last Updated: 21 September, 2010 | Check for latest version, at: www.theWFSF.org/landlords