The place to access your Free Legal Rights Information

Fire and Emergency Services Act 1990 – 23 September 2016

Download PDF

Fire and Emergency Services Act 1990 – 23 September 2016

Fire and Emergency Services Regulation 2011 – 1 July 2016

*Building Fire Safety Regulation 2008 – See APL summary for Building Act 1975

Quick to view summary

The Queensland Fire and Emergency Service (QFES) is established. The functions of the QFES include: to protect persons, property and the environment from fire and hazardous materials emergencies; and to protect persons trapped in a vehicle or building or otherwise endangered, to the extent that QFES’s personnel and equipment can reasonably be deployed or used for the purpose. For a full listing of the functions, refer to section 8B of the Act.

  • Sections 3, 8, 8B, Schedule 6

An authorised fire officer may take any reasonable measure to protect persons, property or the environment from danger or potential danger caused by a fire or a hazardous materials emergency; or to protect persons trapped in any premises or otherwise endangered.

  • Sections 53, 54, 55, 56, 57, 58A, 58B, 60A

An authorised fire officer may require a person to make available for inspection by an authorised fire officer: a document issued to the person under this Act or required to be kept by the person under this Act; or a document about the person’s obligations under this Act for fire safety, including about the maintenance of fire safety installations in a building or the fire safety systems for a building.

  • Section 58C

A person must not light a fire without authorisation, notification, notice or permit. For the definition of ‘light a fire’, refer to section 61 of the Act. Pursuant to the definition, ‘light a fire’ does not encompass lighting a fire inside any building in circumstances that prevent the escape from the building of fire or any material or substance that is likely to cause fire. Note: Section 65 of the Act permits a person to apply to the government (orally or in writing) for a permit to light a fire on any land (after advance notification to neighbouring properties). A person does not incur any liability at common law for any loss, injury or damage caused by an (authorised) fire lit for the purpose of burning off vegetation unless it is shown that the person acted recklessly or maliciously. For the definition of ‘vegetation’, refer to the Schedule 6 dictionary.

  • Sections 3, 61, 62, 63, 64, 65, 73, 74, 86E, 90, Schedule 6; Regulations 4, 5

Where a fire is burning on any land and the lighting of the fire is not authorised, the occupier of the land, immediately upon becoming aware of the fire (regardless of who lit it): (a) must take all reasonable steps to extinguish or control the fire; and (b) must, as soon as is practicable, report the existence and location of the fire to a fire officer, an officer of a rural fire brigade, a member of an emergency service unit, a chief fire warden or fire warden, a forest officer (within the meaning of the Forestry Act 1959), a conservation officer within the meaning of the Nature Conservation Act 1992 or a police officer.

  • Sections 67, 68

The government may require any occupier of premises to take measures for the purpose of reducing the risk of a fire occurring on the premises or reducing potential danger to persons, property or the environment in the event of a fire occurring on the premises.

  • Section 69

The government may, by notification published in the gazette, prohibit or regulate the sale, use or possession of any article or substance that the government believes may constitute a fire risk.

  • Section 70

Any group of persons may apply to the government for registration as a rural fire brigade. If registration is granted, a registration number is assigned. A rural fire brigade may make rules, not inconsistent with this Act, for the purpose of regulating its proceedings and the conduct of its operations including the acquisition, vesting and disposal of its property and funds. Note: A rule has no effect unless approved by the government. For the functions of a rural fire brigade, refer to section 82 of the Act.

  • Sections 79, 80, 81, 82, 83, 84, 85

If a fire emergency exists in a local government area, the government may impose a fire ban.

  • Sections 86A, 86B, 86C, 86D, 86F

The occupier of a building must maintain at all times free from obstruction adequate means of escape in the event of fire threatening any part of the building.

  • Sections 104A, 104C

The occupier of a building must maintain at all times every prescribed fire safety installation to a standard of safety and reliability in the event of fire.

  • Sections 104A, 104C, 104FGA

The occupier of a building must maintain at all times a fire evacuation plan.

  • Sections 104A, 104E, 104F, 104FGA

The owner of a budget accommodation building must ensure a copy of the building’s current fire safety management plan is kept in the building and is available for inspection, free of charge, by the building’s occupants and other members of the public whenever the building is open for business.

  • Section 104FG

A regulation may prohibit the use of a building as prescribed under the regulation unless there is in existence a certificate of compliance issued under section 104I (pursuant to an application process) in relation to that building use. Where issued, a certificate of compliance is to state the fire safety installations the maintenance of which were required for the issue of the certificate.

  • Sections 104H, 104I, 104J, 104K, Schedule 5

If an occupancy notice is in force for a licensed building, the occupier must ensure the number of persons in the building at any one time is not more than the occupancy number for the building. Note: If a person stops being the occupier of the building, the person must immediately give written notice to the government pursuant to section 104KP of the Act. For the definition of ‘occupier’, refer to the Schedule 6 dictionary.

  • Sections 3, 104KA, 104KJ, 104KK, 104KL, 104KM, 104KN, 104KO, 104KP, 104KS, Schedule 6

The owner of a domestic dwelling must install smoke alarms in the dwelling.

  • Sections 104RA, 104RB, 104RJ

The lessor of a domestic dwelling must replace a smoke alarm in the dwelling before it reaches the end of its service life.

  • Sections 104RA, 104RC

Within 30 days before the start of a tenancy in a domestic dwelling, the lessor must test each smoke alarm in the dwelling (and replace spent/almost spent batteries). It is the responsibility of the tenant to test each smoke alarm in the dwelling at least once every 12 months (and to replace spent/almost spent batteries).

  • Sections 104RD, 104RE, 104RF, 104RG, 104RJ

The transferor of residential land must, on or before the date of possession for the land, give the transferee of the land written notice of whether smoke alarms complying with Division 5A are installed in the domestic dwelling on the land. A similar rule also applies to manufactured homes. For the definition of ‘date of possession’, refer to the Schedule 6 dictionary.

  • Sections 3, 104RK, 104RM, Schedule 6

The transferor of residential land must, within 90 days after the date of possession for the land, give the commissioner a written notice stating smoke alarm information. Note: This notice is not required where a property transfer information form is lodged with the Land Titles registrar. For the definition of ‘property transfer information form’, refer to the Schedule 6 dictionary.

  • Sections 3, 104RL, Schedule 6

The State Emergency Service (the SES) is established. The functions of the SES include: to perform rescue or similar operations in an emergency situation; to perform search operations in an emergency or similar situation, and to help injured persons or protect persons or property from danger or potential danger associated with an emergency situation. For a full listing of the functions, refer to section 130 of the Act.

  • Sections 129, 130

A driver of a vehicle must, to the extent practicable, give clear and uninterrupted passage to fire officer who is, or appears to be, doing an act for the purpose of controlling or extinguishing a fire or dealing with another emergency.

  • Section 152A

Upon request by an insurer, the government may give the insurer details of a report in the government’s possession relating to the attendance at a fire or other emergency incident by a fire service officer.

  • Section 154B
Reason for law

To provide for the prevention of, and responses to, fires and other emergency incidents. (Section 2)

Relevant links

Fire Safety at Home [Queensland Government]

Queensland Fire and Emergency Services
Forms and templates
Safehome [Book a safehome visit]

Rural Fire Service Queensland
Obtaining a permit to light a fire
Fire Bans and Restrictions
Fire Danger Rating
Map of current bushfire incidents
Bushfire Neighbourhood Safe Places

State Emergency Service
Publications

Emergency Volunteering

United Fire Fighters Union Queensland

Media article
Critique

A requisition to a landowner by government gazette pursuant to section 69 of the Act may not be effective.

Sections 105 and 127 contain the term ‘Crown’. This term may be replaced with a modern alternative.

Section 126 contains the phrase ‘per centum’. This phrase may not be understood by members of the public.

Advertising

APL-advertising-500

× Note: Advertising on this webpage does not indicate that the entity advertising has any specialist expertise or accreditation. If specialist expertise or accreditation is promoted by the advertiser, they will have provided such information in their logo with no involvement from Access Point Law. It is expressly made clear that Access Point Law does not guarantee any level of expertise or accreditation of any advertiser and does not guarantee the accuracy of advertising information. You are encouraged to make your own enquires.

The author expressly disclaims all liability for loss or damage arising from your use or reliance on advertising information published at any time on this website.

Disclaimer: The information published on this webpage has been provided free for the benefit of the public and does not act as advice to any individual or other entity. If you require advice relating to your situation, go visit your professional adviser. The author and any third party advertising on this webpage expressly disclaim all liability for loss or damage arising from your use or reliance on the information published at any time on this webpage.

PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

Featured image from Flickr Commons – https://www.flickr.com/photos/library_of_congress/2163009957

APL-SS BULLETINGLOBAL LAW PROGRAM LOGO

Access Point Law | ABN 85 103 203 656
Copyright 2015 Andrew Bird