Finding into death of LQ
Deceased
DQ and LQ
Demographics
2y, female
Date of death
2018-09-13
Finding date
2019-05-29
Cause of death
Carbon monoxide toxicity
AI-generated summary
Two young sisters (DQ aged 2 years 9 months and LQ aged 1 year 9 months) died from carbon monoxide toxicity following a house fire caused by a stuffed toy igniting in front of an electric heater. The fire was in their bedroom, which had no functioning smoke detector. The parents, non-English-speaking migrants from Iran, were unaware of the importance of working smoke alarms or their responsibilities as tenants to maintain them. The coroner found the deaths were entirely preventable had working smoke detectors been installed per fire service recommendations. Systemic issues identified include unclear landlord/tenant responsibilities for smoke alarm maintenance in rental properties, inadequate fire safety education for non-English-speaking communities, and legislative ambiguities unresolved since a 2014 coronial finding with identical concerns.
AI-generated summary and tagging — may contain inaccuracies; refer to original finding for legal purposes.
Error types
Contributing factors
- Absence of functioning smoke detector in the home
- Removal of battery from the single smoke detector prior to occupancy
- Lack of fire safety education for non-English-speaking tenants
- Ambiguity regarding landlord and tenant responsibilities for smoke alarm maintenance
- Inadequate ventilation in the bedroom where the fire started
- Electric heater placed in proximity to combustible materials
- Door closed and bathmat placed at door to stop draughts, limiting ventilation
- Unclear regulatory framework for residential tenancy agreements regarding smoke detectors
Coroner's recommendations
- The Minister for Consumer Affairs, Gaming and Liquor Regulation investigate the best way for smoke detectors in rented residential premises to be maintained and checked, including consideration of annual landlord inspections
- The Minister for Consumer Affairs, Gaming and Liquor Regulation and the Minister for Planning amend the Residential Tenancies Act 1997 (Vic) and the Building Regulations 2018 (Vic) so that: (a) all leased residential buildings are required to have hard-wired smoke detectors irrespective of when they were built; (b) it is an offence for landlords to lease residential properties that do not have hard-wired smoke detectors in working order at the time a lease agreement is signed; and (c) plainly specify the obligations and responsibilities of landlords and tenants as to who is responsible for maintaining and checking smoke detectors
- Consumer Affairs Victoria amend its publication 'Renting A Home: A Guide For Tenants' to: (a) clarify who should check smoke alarms; (b) include pictorial explanations about how a smoke alarm works and how it can save lives; (c) include pictorial instructions as to how to check and maintain a smoke alarm; and (d) include pictorial instructions about what to do in the case of a fire
- The Metropolitan Fire Brigade consider: (a) working with Geelong Fire Services, other regional fire services, and Consumer Affairs Victoria to expand their migrant education programs among multicultural organisations and other like community groups; and (b) regularly publishing fire safety advice in ethnic newspapers and other like publications
Full text
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