Category: Info

Queensland Smoke Alarm Legislation

The two key pieces of QLD smoke alarm legislation are called the;

  • Fire Services Act 1990 (previously named the Fire and Emergency Services Act 1990)
  • Building Fire Safety Regulation 2008

The goal of the legislation is to reduce loss of life by ensuring that all fire safety installations (including interconnected photoelectric smoke alarms) within a domestic building are adequately maintained.

Building Fire Safety Regulations 2008 – Smoke Alarms

Part 5A of the QLD Building Fire Safety Regulation 2008 deals with photoelectric smoke alarm requirements for domestic dwellings. It states that smoke alarms must;

  • Comply with the Australian Standard (AS 3786:2014).
  • Contain a photoelectric sensor, and not also contain an ionization sensor.
  • Be hardwired into a building’s power supply or powered by a non-removable minimum 10-year lifespan battery.

Where Smoke Alarms Must Be Installed

Part 5A also states exactly where smoke alarms must be installed inside a domestic dwelling (the prescribed locations). It says that photoelectric smoke alarms must be installed in;

  • each bedroom.
  • the hallway which connects each bedroom.
  • if there is no hallway connecting each bedroom, then a part of the storey that is between the
    bedroom and the rest of the dwelling.
  • for each storey with no bedrooms—on the most likely travel path of exit from the dwelling.

Where Smoke Alarms Must Not Be Installed

Part 5A (3) also provides exact distances and measurements where smoke alarms should / should not be installed. It states that smoke alarms must not be installed;

  • within 300mm of a light fitting.
  • within 300mm of a corner of the ceiling and a wall.
  • within 400mm of an opening from which air is supplied from an air conditioner or forced air vent.
  • within 400mm of the blades of a ceiling fan.

Fire Services Act 1990 – Smoke Alarms

The QLD Fire Services Act 1990 says that from 1st January 2022 all rental properties and properties being sold or substantially renovated in QLD must have smoke alarms which;

  • Are less than 10 years old
  • Be interconnected with every other smoke alarm in the building so that all activate together
  • Operate when function tested

If the smoke alarm being replaced was hardwired to the domestic dwelling’s electricity supply, the replacement smoke alarm must also be hardwired to the dwelling’s electricity supply. Any newly constructed homes or substantial renovations must have photoelectric interconnected smoke detectors which are hardwired to the mains power supply. A definition of a ‘substantial renovation’ is provided on pages 90 of the Act.

Additionally, these requirements will become mandatory for ALL dwellings in Queensland by 1st January 2027.

Interconnected Smoke Detectors In QLD Rental Properties

With respect to QLD rental properties, the Act also requires that;

  • The lessor must test each interconnected smoke alarm within 30 days before the start of a tenancy in a domestic dwelling.
  • The tenant must test all interconnected smoke detectors in the dwelling at least once every 12 months.
  • If the tenant is aware a smoke alarm in the dwelling has failed, the tenant must advise the lessor as soon as practicable.
  • The tenant must clean all interconnected smoke detectors at least once every 12 months.

If you would like to read the QLD legislation in full, direct links to the official government sources are provided below.

Building Fire Safety Regulations 2008 (current as at 01 July 2024)

Fire Services Act 1990 (current as at 01 July 2024)

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Environmental Planning and Assessment Amendment

(Smoke Alarms) Regulations 2006

On 1 May 2006, the New South Wales Government introduced new legislation following a series of deadly house fires. Division 7A of the NSW Environmental planning and Assessment Amendment (Smoke Alarms) Regulation 2006 calls out minimum requirements for smoke alarm installation in existing residential dwellings.

The NSW Environmental Planning and Assessment Amendment (Smoke Alarms) Regulation 2006 says that;

– Smoke alarms must comply to Australian Standard 3786:2014 and can be powered either by a 10-year non-removeable battery, or hard wired to the mains electricity supply.

– A minimum of one working smoke alarm should be installed on every level of a dwelling (even if there are no bedrooms on that level).

NSW interconnected smoke alarms – best practice

Whilst this is the minimum standard required by NSW law, Fire and Rescue NSW recommend best practice by installing photoelectric interconnected smoke detectors in all bedrooms and living spaces (including hallways and stairways) on every level of the property.

NSW interconnected smoke alarms recommended installation – image courtesy Fire and Rescue NSW

Residential Tenancies Regulation 2019

A new section (64A) relating to smoke alarms has also been added to the NSW Residential Tenancies Act 2010. This new section came into effect on March 2020 and placed extra obligations for smoke alarms on both landlords and tenants, in accordance with the NSW Rental Tenancies Regulation 2019.

NSW smoke alarm requirements for landlords

  • Ensure smoke alarms are installed as per NSW Environmental Planning and Assessment Regulations.
  • Conduct annual checks to ensure all smoke alarms are functioning.
  • Replace a smoke alarm within 2 business days of becoming aware that the smoke alarm is not working.
  • Engage a licensed electrician to repair or replace a 240V hardwired smoke alarm.
  • Replace removeable batteries in smoke alarms every year.

NSW smoke alarm requirements for tenants

  • Inform the landlord if a repair or a replacement of a smoke alarm is required, including replacing a battery.
  • Only replace a battery in a battery-operated smoke alarm, or a back-up battery in a hardwired smoke alarm, if the smoke alarm has a removable battery.
  • Give the landlord written notice, as soon as practicable if they will perform a smoke alarm repair or replacement, or engage a person to carry out a repair or replacement.

Both landlord and tenant must not remove or interfere with the operation of a smoke alarm installed on the residential premises unless they have a reasonable excuse to do so.

Direct links to the NSW Government website are posted below if you would like to read the legislative documents for yourself.

Environmental Planning and Assessment Amendment (Smoke Alarms) Regulation 2006

Residential Tenancies Regulation 2019 (current as at 03/08/2023)

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Victorian smoke alarm laws are derived primarily from the Victorian Building Regulations 2018 (which requires smoke alarms to be installed in accordance with the Building Code of Australia) and also the Victorian Residential Tenancies Regulations 2021, which places smoke alarm duties on both the landlord and tenant.

Victorian Building Regulations 2018 – Smoke Alarms

The Victorian Building Regulations 2018 (Part 9) state that interconnected smoke detectors need to be installed in accordance with the Building Code of Australia 2014. What this means is that;

  • Smoke alarms are mandatory and must be installed in residential buildings on or near the ceiling of every storey.
  • Smoke alarms need to be located in a position designed to wake sleeping occupants of a building.
  • Residential homes constructed before 1 August 1997 may have 10-year battery-powered photoelectric smoke alarms installed.
  • Residential homes constructed after 1 May 2014 and where there is more than one alarm in the property require mains powered and interconnected photoelectric smoke alarms.
  • Residential homes constructed after 1 August 1997 require 240V hardwired photoelectric smoke alarms with an inbuilt backup battery.

Smoke Alarm Legislation For Victorian Rental Properties

The Residential Tenancies Regulations 2021 came into effect March 2021 and establishes requirements for smoke alarms in Victorian residential rental properties. The regulations stipulate duties for both landlords and tenants.

Vic Residential Tenancies Regulations 2021 – Smoke Alarms

Smoke Alarm Duties For Victorian Landlords (Rental Providers):

  • Ensure smoke alarms are correctly installed and in working order.
  • Ensure they are tested at least annually.
  • Replace the smoke alarm batteries as required.
  • Repair or replace alarms as an urgent repair.

The landlord must provide written information to the tenant on how to operate and test the alarms and also reminding them of their obligation not to tamper with the alarms and to report any defective smoke alarms.

Smoke Alarm Duties For Victorian Tenants (Renters):

  • Tenants must immediately give the landlord written notice if a smoke alarm is defective.
  • Tenants must not deactivate or remove a smoke alarm or interfere with its operation.

Direct links to the Victorian government website are posted below if you would like to read the full legislative documents for yourself.

Victorian Building Regulations 2018

Victorian Residential Tenancies Regulations 2021

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Smoke Alarm Laws In Western Australia

Smoke alarm laws in Western Australia are derived from the;

W.A Building Regulations 2012 (division 3) which enshrine Building Code of Australia smoke alarm requirements.

W.A Building Regulations 2012 – Smoke Alarms

In 1997, 240v hardwired smoke alarms became compulsory in Western Australia for all newly constructed residential buildings (or residential building extensions). From 2009 onwards this was extended to also include all existing residential buildings, prior to their transfer of ownership, rent or hire.

In Western Australia smoke alarms must;

  • be positioned according to the requirements of the Building Code of Australia
  • comply with Australian Standard 3786:2014
  • be permanently connected to consumer mains power (i.e. 240V hardwired)
  • be interconnected, if your home was newly built after the 1 May 2015.
  • be less than 10 years from the date of manufacture

Can I Use 10-Yr Battery Smoke Alarms In Western Australia?

YES you can! – W.A Building Regulations 2012 allow the use of 10 year non-replaceable battery powered smoke alarms in certain situations. This may include where mains power is not connected to the building, there is no hidden space to run the necessary wiring for mains powered alarms, and there is no appropriate alternative location – for example, where there is a solid concrete ceiling. It should be noted that formal approval must be obtained by the local council to use 10 year non-replaceable battery powered smoke alarms in these situations.

House fire in the northern Perth suburb of Carine, Western Australia

Smoke Alarm Laws In Western Australia Rental Properties

Landlords renting or hiring out their property are required to maintain the smoke alarms by law. This includes ensuring that the smoke alarm is;

  • in working order;
  • compliant to Australian Standard 3786;
  • connected (hard wired) to 240 volt mains power;
  • less than 10 years old from date of manufacture;
  • if the use of a battery powered smoke alarm has been approved by the local council, the alarm has a non-removeable 10-year life lithium battery.

A direct link to the Western Australian government website is posted below if you would like to read the full legislative document for yourself.

W.A Building Regulations 2012

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Just like all other Australian states and territories, it is mandatory in South Australia for working Australian Standard 3786 compliant smoke alarms to be fitted into every residential home. Fines can be imposed if alarms are not installed, and in rental properties the onus is on landlords to ensure the smoke alarms are working.

Smoke Alarm Laws In South Australia

The governing legislation for smoke alarms in South Australia is the Planning Development and Infrastructure (General) Regulations 2017.

The Planning and Development Infrastructure (General) Regulations 2017 call out minimum requirements for smoke alarms in dwellings. To summarise, they state that smoke alarms must comply with the Building Code of Australia (BCA);

Smoke Alarms In Existing Homes Or Residential Properties Built Prior To 1 Jan 1995

A battery powered smoke alarm may be installed in these premises subject to any change of ownership conditions.

When an existing house built prior to 1995 is sold, the owner then has 6 months from the date of title transfer to install photoelectric smoke alarms which are either 240 volt hardwired or have a 10 year life non-removeable lithium battery.

Smoke Alarms In New Houses Or Residential Properties Built After 1 Jan 1995

The Building Code of Australia requires 240v mains powered photoelectric smoke alarms.

Smoke Alarms In Houses Or Residential Properties Built After 1 May 2014

The Building Code of Australia requires interconnectable 240v mains powered photoelectric smoke alarms.

House fire in the inner-southern Adelaide suburb of Netherby, South Australia

South Australian Smoke Alarm Legislation

South Australian Smoke Alarm Legislation has evolved over the years and requirements vary depending upon the age of your home and when it was constructed. The below flowchart is provided courtesy of the South Australian Metropolitan Fire Service and may help you understand your smoke alarm requirements.

A direct link to the South Australian government website is posted below if you would like to read the full legislative document for yourself.

South Australian Planning, Development and Infrastructure (General) Regulations 2017

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Northern Territory Smoke Alarm Legislation

The governing piece of smoke alarm legislation in the Northern Territory is called the Northern Territory Fire and Emergency Regulations 1996 (as in force 1 October 2019).

N.T Fire and Emergency Regulations 1996 – Smoke Alarms

Part 2A of this regulation details requirements relating to smoke alarms, notably to do with the type of alarm, installation, maintenance and testing. A summary is provided below;

  • All owners of residential property must have working smoke alarms installed and tested annually.
  • Any existing ionization alarms must be replaced with the photoelectric type when they no longer work, the property is sold, or premises are rented out or a lease is renewed.
  • Within 30 days before the start of a tenancy agreement in relation to residential premises or a moveable dwelling, the owner of the premises or dwelling must test the smoke alarms and replace any that do not function.
  • The responsibility for testing the fire alarm in a tenanted property lies with the tenant (after the lease has started). The tenant must advise the owner or agent if the fire alarm does not work.

Section 13A (3) of the regulation states that an approved smoke alarm means a photoelectric type that:

(a) complies with Australian Standard 3786 and;

(b) is hard wired or is a sealed 10-year lithium battery smoke alarm.

Where Do I Install Smoke Alarms In The Northern Territory?

The N.T regulations state that smoke alarms must be installed in residential premises according to the Building Code of Australia, section 3.7.2.3. What this means is that smoke alarms in the Northern Territory must be installed;

  • on or near the ceiling in any storey containing bedrooms
  • between each part of the dwelling containing bedrooms and the remainder of the dwelling; and
  • where bedrooms are served by a hallway, in that hallway; and
  • any other storey not containing bedrooms.

Northern Territory Smoke Alarm Requirements For Caravans

For a caravan in the Northern Territory, the regulation states that one smoke alarm must be installed on the ceiling of the caravan.

A direct link to the Northern Territory government website is posted below if you would like to read the full legislative document for yourself.

Northern Territory Fire and Emergency Regulations 1996

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Photoelectric Smoke Alarm Laws In Tasmania

In Tasmania, all homes must be fitted with a working photoelectric smoke alarm on every level. Smoke alarms must be compliant with Australian Standard 3786:2014. Smoke alarms need to be installed in every corridor or hallway associated with a bedroom, or if there is no corridor or hallway, in an area between the bedrooms and the remainder of the building. This is a requirement of the National Construction Code of Australia

Smoke Alarms In Properties Built After 1 August 1997

Homes built or substantially renovated after the 1st of August 1997 require 240V hardwired smoke alarms, and there must be at least one smoke alarm on each level.

Smoke Alarms In Properties Built After 1 May 2014

All properties built or substantially renovated after the 1st of May 2014 must have 240V hardwired interconnected smoke detectors, so that when one activates, they all activate.

House fire in the northern Hobart suburb of Goodwood, Tasmania

Photoelectric Smoke Alarm Locations

Image courtesy of the Tasmania Fire Service

Residential Tenancy (Smoke Alarms) Regulations 2022

Smoke Alarm Duties For Tasmanian Landlords (Rental Providers):

  • Ensure smoke alarms comply with Australian Standard 3786:2014.
  • Installed as per manufacture instructions and in accordance with recommended installed locations outlined in the National Construction Code (NCC).
  • The smoke alarms a regularly maintained, cleaned, tested and operational.
  • Replace the smoke alarm every 10 years from manufacture date.
  • Replace any smoke alarm as soon as possible after being made aware it is defective.

Smoke Alarm Duties For Tasmanian Tenants (Renters):

  • Ensure the smoke alarms are tested every at least every 6 months.
  • The smoke alarm is clean and free from dust.
  • Inform the landlord / property manager as soon as they become aware that a smoke alarm is defective.
  • Not remove or tamper with a smoke alarm.

A direct link to the Tasmanian government website is posted below if you would like to read the full legislative documents for yourself.

Tasmanian Residential Tenancy (Smoke Alarms) Regulations 2022

National Construction Code

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Interconnected Smoke Detectors

And Australian Standard 3786:2014

Before buying a smoke alarm you should do your due diligence to ensure it is compliant to Australian Standard 3786:2014. The full name of the standard which encompasses smoke alarms in Australia is ‘Australian Standard 3786:2014 Smoke alarms using scattered light, transmitted light or ionization’ (incorporating amendment 1 and 2). This article will review Australian Standard 3786:2014 to assist your purchasing decision.

Standards are documents that set out specifications, procedures and guidelines to ensure products are safe, consistent, and reliable. Australian Standard 3786:2014 is referenced by QLD’s Building Fire Safety Regulations 2008 – when a standard is referenced by state or national legislation, compliance with it becomes mandatory. It is interesting to note that although there is a newer Australian Standard 3786:2023 – it is not yet referenced by legislation – therefore Australian Standard 3786:2014 must still be complied with in the eyes of the law.

Australian Standard 3786:2023

Australian Standard 3786:2014 is divided into several key components – the area of interest that will be reviewed today is section 4.17 – ‘general requirements’.

Section 4.17 of the Australian Standard states that; ‘The smoke alarm shall be so designed that a sphere of diameter larger than 1.3 ±0.05 mm cannot pass into the sensor chamber(s)’. This requirement is intended to restrict the access of foreign bodies such as insects into the sensitive parts of the smoke alarm (to prevent nuisance alarms). It is known that this requirement is not sufficient to prevent the access of all insects; however, it is considered that extreme restrictions on the size of the access holes may introduce the danger of clogging by dust, etc.

Interconnected Smoke Alarm – Mesh Screen

How does this requirement translate into the design and manufacture of your photoelectric smoke alarm? The image below shows the compliant internal component from our ZEN wireless interconnected photoelectric smoke alarm. The polymer mesh surrounding the sensitive photoelectric chamber within the alarm contains thousands of tiny holes, each perfectly engineered, no larger than 1.3mm in diameter. The tiny holes prevent insects from accessing the internal chamber whilst still allowing air (and smoke) to pass through.

Mesh screen surrounding the photoelectric smoke alarm internal sensor chamber

As per Australian Standard 3786:2014 – holes are no larger than 1.3mm diameter

In addition to this internal mesh screen around the perimeter of the photoelectric chamber, ZEN wireless photoelectric interconnected smoke detectors also have an external housing which forms part of the of the smoke alarm itself. The external housing prevents larger foreign bodies from entering the alarm itself. Foreign bodies (i.e., insects, small house geckos) are a common cause of false / nuisance alarms because they can enter the sensitive internal components and disrupt the photoelectric light beam.

We hope you have enjoyed this review of section 4.17 of Australian Standard 3786:2014, and how it translates to the design of your photoelectric smoke alarm. Whilst many smoke alarm retailers might profess to be aware of the standard, very few can claim to have read it from cover to cover or have a genuine understanding of what it means.

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Australian Standard 3786:2014 – Smoke Alarms Using

Scattered Light, Transmitted Light or Ionization

All photoelectric interconnected smoke detectors sold within Australia must comply to Australian Standard 3786:2014.

Section 4.22.1 of the Australian Standard describes the markings and types of information included on the smoke alarm itself. If the smoke alarm does not have all this information on it – then technically it is non-compliant to the standard.

Required Information To Be Printed On Smoke Alarms

Have a look at the photoelectric smoke alarm on your ceiling to double check if it has the following information.

4.22 Markings

4.22.1 Smoke alarm

Each smoke alarm shall be legibly and indelibly marked with the following:

(a) The number and date of this Standard (i.e. AS 3786:2014).

(b) The name or trademark and address of the manufacturer or supplier.

(c) The model designation (type or number).

(d) The type of smoke alarm (type A or type B), e.g. photoelectric or ionization.

(e) The alarm condition aural signal pattern (ISO 8201 or ISO 7731).

(f) The date of manufacture which may be coded into a serial number or the batch

number.

(g) The recommended date for replacement, subject to normal, regular maintenance

NOTE: Provision may be made for a place to note the date for replacement of the smoke

alarm.

ZEN smoke alarm with required markings as per Australian Standard 3786:2014

Smoke Alarms With 10-year Non-Replaceable Battery

For smoke alarms incorporating non-replaceable batteries (i.e. 10 year lithium long life batteries sealed inside the unit), the following warning is also required:

WARNING: BATTERY NOT REPLACEABLE—SEE INSTRUCTION MANUAL.

ZEN smoke alarm with 10-year battery and markings as per Australian Standard 3786:2014

Smoke Alarm ‘DO NOT PAINT’ Marking

Additionally, a notice on the outer surface of the enclosure marked ‘DO NOT PAINT’ is required. The letters shall be not less than 3 mm high and plainly visible after the smoke alarm is installed in its intended manner. Be wary of many cheap ‘knock off’ smoke alarms sold in online marketplaces – they do not have all this required information even though they profess to comply to the Australian Standard. Whilst it may seem trivial whether the smoke alarm has this information on it or not, in the event of a house fire and subsequent insurance claim, your insurer could be double checking this same information prior to making any potential pay-out.

ZEN smoke alarm with required ‘DO NOT PAINT’ marking

Smoke Alarm Point Of Sale Packaging – Essential Info

Section 4.22.2 of the Australian Standard identifies the information and data which must be incorporated into the smoke alarm’s point of sale packaging (i.e. the box it comes in) and also within the user manual. As before, if the information below is not included then technically the smoke alarm is non-compliant to the standard.

4.22.2 Packaging

The point-of-sale packaging shall be marked with the following:

(a) The model designation (type or number).

(b) The type of smoke alarm (type A or type B) and an explanation of the meaning of the type designation (e.g. photoelectric or ionization).

(c) The nominal sound level output.

(d) The alarm condition aural signal pattern (ISO 8201 or ISO 7731).

(e) For smoke alarms using 520 Hz alarm condition signal frequency, the nominal frequency.

(f) For type B smoke alarms, permanently marked with the trefoil symbol, and name of

radionuclide and activity. The markings shall be visible from the outside of the packaging.

(g) The maximum number of interconnectable smoke alarms.

(h) Statement if the smoke alarm is suitable for wall (vertical) mounting.

ZEN smoke alarm packaging with required information as per Australian Standard 3786:2014

Summary

In summary, section 4.22 of the Australian Standard describes the necessary information which must be included on the alarm, packaging and in the instruction manual. It is a requirement which manufacturers and retailers must adhere to.

QLD legislation states that smoke alarms must be photoelectric, interconnected and conform to Australian Standard 3786:2014. Failure to do so could have implications in the event of any insurance pay-out following a house fire.

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These new laws were introduced in Queensland due to several house fires which resulted in multiple fatalities.

Had each dwelling been fitted with functioning photoelectric interconnected smoke detectors in all the newly prescribed locations, the victims may have stood a chance of surviving.

Early detection = early alarm = early escape from a burning building. When the fire occurred, it was not only the flames themselves which presented as a hazard – most victims were first overcome by breathing in fumes and thick smoke.

Palace Backpackers Fire – Childers 2000

In June 2000 a resident of the Childers Palace Backpackers Hostel maliciously lit a fire inside. The fire quickly spread throughout the timber building. Unfortunately the hostel did not have working smoke detectors or alarms and fifteen young people died as a result. The arsonist was captured by police and sentenced to life imprisonment. The after effects of this tragic event are still evident on the local township to this day.

Slacks Creek House Fire – Brisbane 2011

A few minutes before midnight on 23rd August 2011, a  fire tore through a house in the suburb of Slacks Creek, South Brisbane.

This fire caused the greatest loss of life in a domestic house fire in Australian history, with eleven people (including many children) dying due to inhaling toxic smoke.

A finding from the 2014 Coronial Inquest stated that;
‘Once this particular fire started, it is likely that some or all of the deaths would have been prevented if the sleeping occupants had been quickly awoken and had realised that they needed to leave the house as quickly as possible … smoke alarms were either not present in the dwelling or were not maintained’.

Many prescriptive requirements and recommendations from the Coronial Inquest were subsequently incorporated into the QLD Building Fire Safety (Domestic Smoke Alarms) Legislation Amendment Regulation 2016.

The legislation can be read here;
https://www.legislation.qld.gov.au/view/pdf/asmade/sl-2016-0221

Russell Island House Fire – Brisbane 2023

Just after 6am on 6th August 2023, Emergency Services were called to a raging house fire on Russell Island, a small community just off the southeast coast of Brisbane, QLD. This house fire tragically resulted in the loss of six lives – that of five young children and also their father who had returned inside the inferno to rescue them. Whilst the exact cause of the fire is undetermined, what is known is that the dwelling did not have legally compliant smoke alarms installed as per QLD’s smoke alarm legislation for rental properties.

The landlord / owner of the rental property was subsequently charged and fined for failing to comply with Queensland smoke alarm legislation.

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