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Smoke Alarm Regulations

New laws commenced 23rd March 2020 make it very difficult for landlords to self-manage this process, as well as;

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  • Environmental Planning & Assessment Act (EPA)

  • Building Code of Australia Volume two 2013

  • The Trader Practices (Consumer Product Safety Regulations 2010)

  • www.fire.nsw.gov.au (Fire & Rescue NSW)

  • Residential Tenancies Regulation (2019) of the 2010 Residential Tenancies Act (2010)

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Plus information sheets from the following Government Bodies:

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FOR LANDLORDS

From a landlords perspective there is more accountability for them in relation to how smoke alarms are managed in their    rental properties. Some landlords who have taken on the responsibility of maintenance themselves in the past, the legislation now requires more of them, and more skills to conduct the work required.

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Under the new legislative obligations, it is required that landlords:

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  • Must and ensure that the smoke alarms are functioning.

  • Must replace smoke alarms before their 10 year expiry.

  • Must install or replace, (or engage a person to install or replace), all removable batteries in all smoke alarms annually.

  • A landlord who becomes aware that a smoke alarm is faulty must, within (a) repair and replace, or (b) arrange to have the smoke alarm repaired or replaced.

  • Must provide a detailed condition report to the Agency relative to smoke alarms and batteries for the inclusion in the tenancy agreement before the tenant moves in.

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Landlords or agents must ensure:

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  • Smoke alarms are replaced within 10 years of manufacture or earlier if specified by the smoke alarm manufacturer.

  • Removable batteries are installed or replaced every year (or for lithium batteries, in the period specified by the smoke alarm manufacturer)

 

It is recommended that all smoke alarms should be tested once a month by occupants and vacuumed every 6 months to ensure smoke alarms operate correctly.

 

Landlords or agents must check smoke alarms annually to ensure they are working 2 BUSINESS DAYS for landlords or agents to repair a non-working alarm (this includes changing a battery). Some exceptions apply to residential property in a strata scheme.

FOR TENANTS

NSW legislation mandates that your landlord is responsible for ensuring your residence meets the minimum requirement of having at least one working smoke alarm installed on every level of your home. Landlords are responsible for the installation of smoke alarms in rented premises.

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Tenants must notify landlords/agents if they discover that a smoke alarm is not working.

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Landlords have the right of access to rented premises to fit smoke alarms after giving the tenant at least two days’ notice.

After the tenancy begins, the tenant is responsible for replacing the battery, if needed, in battery-operated smoke alarms. Hard-wired smoke alarm back-up batteries are to be replaced by the landlord. If the tenant is physically unable to change the battery the tenant is required to notify the landlord as soon as practicable.

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The tenant can choose to change a removable battery If they choose to change the battery, they must change it within 2 business days and notify the landlord within 24 hours.

FOR HOME OWNERS

NSW legislation stipulates that smoke alarms must be installed on every level of your home. This includes owner occupied homes, rental properties, relocatable homes, caravans and camper-vans or any other residential building where people sleep.

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These alarms must be placed in hallways near bedrooms; however, if bedrooms are in different parts of the house, you must have alarms installed in each of these locations. If there are no hallways associated with the bedrooms, alarms must be installed between the part of the home containing the bedroom and the rest of the house. You must have smoke alarms on all levels of your home even if there are no bedrooms located on that level.

STRATA REQUIREMENTS

Strata Managers have the responsibility at a Council Level to make the building compliant to local fire & safety standards. This does not cover an individual unit’s compliance at a Residential Tenancy Legislation standard. The building may well be compliant, however Strata tests are only required to test a percentage of all fire equipment in the building, so the unit on an individual level will miss the following:

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  • Individual Compliance Certification (as per NSW Fair Trading & Tenancy Legislation).

  • Strata Managers will not return if there is a faulty alarm , or replace batteries between tenancy.

  • The Quantity, Functionality or Positioning of Smoke Alarms (as per Building Code of Australia) are not being checked in our experience, only the battery push test is being conducted.

 

Do not risk the safety of your tenants or the additional residential tenancy standards by disregarding smoke alarm servicing for your strata property.

FOR CARAVANS AND MOTORHOMES

Caravans and campervans have limited escape options in the event of a fire. You have just a few seconds to get out of a burning caravan, as they are constructed of lightweight and and potentially highly combustible fittings.  A working smoke alarm  can mean the difference between life and death.

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NSW legislation stipulates that you must have at least one working smoke alarm inside the van where the bed is, and one in the annex if people are sleeping there. These smoke alarms must be fitted with a "hush" button, allowing the occupant to silence the alarm for 10 minutes. Smoke alarms can be purchased at most major supermarkets and hardware stores across NSW. Smoke alarms must meet Australian Standards 3786 (AS3786).

BUILDING TYPES REQUIRED TO HAVE SMOKE ALARMS
 

Requirements apply to the following building types:

 

  • (Class 1a, 2 buildings and Class 4 parts of buildings and relocatable homes) which includes owners of houses, residential flats and Units. 

  • (Class 1b buildings) small boarding houses, hostels, backpacker accommodation, bed and breakfast accommodation etc.

  • (Class 3 buildings) large boarding houses, guest houses, hostels, backpacker accommodation; residential parts of hotels,   motels, schools, health care buildings, detention centres; aged accommodation, children, people with disabilities etc.  

  • (Class 9a health care buildings) nursing homes and hospitals.

REQUIRED TYPE OF SMOKE ALARMS
 

A smoke alarm that complies with the Australian Standard (AS) 3786–1993, Smoke Alarms, which should be noted on the product packaging, that is hard-wired (powered from the mains electricity supply) or powered by a non-removable 10-year life battery that is permanently connected will meet the new requirements. 

SMOKE ALARM LOCATION REQUIREMENTS
 

The number of smoke alarms required will depend on the size, layout and other building requirements of each particular building. The alarms are required to be located in accordance with the location requirements for smoke detectors of AS 1670.

PENALTIES FOR NON-COMPLIANCE
 

A fine of 20 penalty units ($2200) for failing to meet the requirements for smoke alarms can be imposed on the landlord.

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The NSW smoke alarm requirements will rely primarily on community support for implementing this important legislation. While the regulation does not include any new inspection powers, it does include provisions for fines to be issued for failure to install smoke alarms after a six month compliance period. Also, from 1 May 2006, it will be an offence to interfere with or remove an existing smoke alarm, unless it is to repair, maintain or replace the alarm.

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