As of 1st July 2007, changes were applied to the Queensland Fire and Emergency Services Act 1990, stating that every smoke alarm in a Queensland rental property requires ongoing maintenance.
Under this legislation, Landlords or agents must test and clean each smoke alarm within 30 days prior to each tenancy change or renewal.
Not only this, but each smoke alarm and battery must be replaced before the expiry date. The legislation prohibits the transfer of these responsibilities to the tenant.
When replacing alarms in rental dwellings they must:
When replacing alarms in rental dwellings they must:
Smoke alarms in the dwelling must:
When replacing alarms in ALL properties they must:
Landlords must ensure that their rental property is properly fitted with the required number of working smoke alarms, complying with the Australian Standard (3786:2014), and that they are installed as outlined in the Building Code of Australia (BCA) part 3.7.2.3. This legislation is applicable to all states of Australia.
Photoelectric – the method the device uses to detect smoke.
Where practicable smoke alarms must be placed on the ceiling. Smoke alarms must not be placed:
There are special requirements for stairways, sloping ceilings, and ceilings with exposed beams. Specific requirements will be explained in the Building Fire Safety Regulation 2008.
If impractical for the prescribed location requirements to be met (e.g. may be affected by steam from shower or fumes from cooking), the owner may put the alarm at another location that will provide a warning to occupants of the dwelling.
Dwellings – houses, townhouses (Class 1A) and units (Class 2).
Photoelectric – the method the device uses to detect smoke.
Hardwired – connected to the domestic dwelling’s electricity supply.
Interconnected – if one smoke alarm sounds all the other smoke alarms will also sound. Interconnection can be wired or wireless.
Substantial – work carried out under a building development approval or the total building works equals 50% of the dwelling over 3 years.
Storey – a space within a building which is situated between one floor level and the floor level or roof above.
The information contained in this document provides general guidance and information only and is current at the time of printing. Readers should not act or omit to act solely on the basis of anything contained herein. In relation to a particular matter, you should seek appropriate professional advice. 1300 Smoke Alarms and its agents expressly disclaim liability, whether in negligence or otherwise, for any act or omission resulting from reliance on this document or for any consequence of such act or omission
Information provided by Smoke Alarm Association Australia Ltd.
Please feel free to Contact Us on 1300 766 532 if you require additional information!
Smoke Alarm Legislation in NSW is very strict where every smoke alarm in a rental property, requires an annual maintenance service.
Under this legislation, Landlords or agents must test and clean each smoke alarm annually.
Not only this, but each smoke alarm and battery must be replaced before the expiry date. The legislation prohibits the transfer of these responsibilities to the tenant.
From 23 March 2020, all NSW landlords need to ensure that smoke alarms installed in a rented property must be in working order. A penalty will apply for landlords who fail to comply.
The details on when a landlord must repair or replace a battery-operated or hardwired smoke alarm, and when a tenant may repair or replace a smoke alarm, is in the new Regulation. The existing provision that allows landlords to enter the property without consent has been extended to specifically include inspecting or assessing the need for repairs to, or replacement of, a smoke alarm if proper notice has been given to the tenant.
To ensure smoke alarms installed in the rented property are in working order, a landlord must:
Tenants will need to notify the landlord if a repair or a replacement to a smoke alarm is required, including replacing a battery in a smoke alarm.
A tenant can choose to replace a removable battery in a smoke alarm, but they will need to notify the landlord if and when they do this. A tenant may only repair or replace a smoke alarm if the landlord fails to repair or replace a smoke alarm within the prescribed time (as detailed above). Tenants are entitled to reimbursement for the costs of a repair or replacement of a smoke alarm if they provide appropriate evidence. These provisions do not apply to social housing tenants.
We will provide a smoke alarm safety checklist and more information to ensure compliance with the new obligations before the laws start.
Smoke alarms are life-saving devices that detect smoke well before any sleeping occupant would and provide critical seconds to implement actions to save life and property. Under Clause 146A of the Environmental Planning and Assessment Act 1979, and Division 7A of Part 9 of the Environmental Planning and Assessment Regulation 2000, at least one working smoke alarm must be installed on each level in all buildings in NSW where people sleep. The smoke alarms must meet the requirements of Australian Standard AS 3786. These provisions came into effect on 1 May 2006. A person who does not comply with the legislation is guilty of an offence (maximum penalty $550).
NSW legislation provides for a minimum level of protection; however, Fire & Rescue NSW recommends owners and occupants consider higher levels of protection.
Owners of residential properties who rent out their premises as holiday accommodation are responsible for installing smoke alarms and replacing batteries. Other laws apply to boarding houses and backpackers.
NSW legislation mandates a minimum requirement for smoke alarms; however, Fire & Rescue NSW recommends you aim for a higher level of protection with interconnected alarms installed in all bedrooms and living spaces (including hallways and stairways) and even the garage.
Sadly, 144 deaths occurred in house fires across NSW between 2000 and June 2005. On average over the past few years, 21 deaths have occurred in residential fires across NSW every year. Based on Fire & Rescue NSW research, one third to a half of those fatalities may have been prevented if the homes had working smoke alarms and had a practised home escape plan.
Any alarms installed after 1 May 2006 must comply with AS3786.
For more information on the Regulations:
NSW legislation stipulates that residents must have at least one working smoke alarm (sometimes mistakenly referred to as “smoke detectors”) installed on each level of their home. This includes owner- occupied, rental properties, relocatable homes or any other residential building where people sleep.
Smoke alarms are life-saving devices that provide benefits for occupants. They detect smoke well before any sleeping occupant would and provide critical seconds to implement actions to save life and property.
Smoke alarms are designed to detect fire smoke and emit a loud and distinctive sound to alert occupants of potential danger.
The Building Legislation Amendment (Smoke Alarms) Act 2005 and the Environmental Planning and Assessment Amendment (Smoke Alarms) Regulation 2006 commenced in NSW on 1 May, 2006.
The legislation refers to residential accommodation across NSW and requires the installation of one or more smoke alarms in buildings in which people sleep, smoke alarms installed in such buildings must be operational, and people must not remove or interfere with the operation of smoke alarms installed in such buildings. A person who does not comply with the legislation is guilty of an offence (maximum penalty $550).
These types of Residential accommodation require smoke alarms; detached houses, terrace houses, town houses, villa units (Class 1a buildings), apartments, home units, flats (Class 2 buildings) caretakers flats, single residences above shops (Class 4 parts of buildings), relocatable homes, eg manufactured homes and moveable dwellings, campervans, caravans but not tents or soft sided camper trailers.
Shared accommodation installation is also mandatory in small boarding houses, guest houses, hostels; backpackers accommodation; bed and breakfast accommodation (Class 1b buildings), large boarding houses, guest houses, hostels, backpacker accommodation; residential parts of hotels, motels, schools, health care buildings, detention centres; certain residential accommodation for the aged, children and people with disabilities (Class 3 buildings) and hospitals and nursing homes (Class 9a health care buildings).
Any alarms installed after 1 May 2006 must comply with AS3786.
On average, 21 deaths occur in residential fires across NSW every year. Based on FRNSW Fire Investigation and Research Unit case study research, one third to a half of those fatalities may have been prevented if the homes had working smoke alarms and had a practised home escape plan.
Fire and Rescue NSW is encouraging residents to aim for a higher level of protection by installing interconnected smoke alarms in every bedroom, living space (including hallways and stairways) and even the garage in their home.
The information contained in this document provides general guidance and information only and is current at the time of printing. Readers should not act or omit to act solely on the basis of anything contained herein. In relation to a particular matter, you should seek appropriate professional advice. 1300 Smoke Alarms and its agents expressly disclaim liability, whether in negligence or otherwise, for any act or omission resulting from reliance on this document or for any consequence of such act or omission
Information provided by Smoke Alarm Association Australia Ltd.
Please feel free to Contact Us on 1300 766 532 if you require additional information!
