To enhance safety and minimise
loss-of-life in building fires, the NSW Parliament enacted the Building Legislation Amendment (Smoke
Alarms) Act in July 2005. The Act allows
regulations to be made to require smoke alarms to be installed in
existing buildings in which people sleep.
A smoke alarm is
an effective early warning device designed to detect smoke and alert
building occupants to the presence of a fire. Installed in the correct
location, it increases the time available for safe escape. From 1 May 2006,
when the Environmental Planning and Assessment Amendment (Smoke Alarms)
Regulation 2006 came into effect, owners of residential
property are responsible for ensuring smoke alarms are installed.
The Smoke Alarms
Regulation specifies which types of buildings will need smoke alarms
installed, the types of alarms, where they are to be located and other
matters. Contact details for more information about the requirements
under the Regulation are listed in this factsheet.
Changes to fair
trading laws
Several
fair trading laws and regulations have been revised as a result of the
new smoke alarm laws and this information summarises these changes for
the people that are affected.
Landlords and tenants
Under the Residential Tenancies Act and the Residential Tenancies
(Residential Premises) Regulation:
Landlords
are responsible for the installation of smoke alarms in rented premises.
Landlords
have the right of access to rented premises to fit smoke alarms after
giving the tenant at least 2 days notice.
Neither
the landlord nor the tenant are, except with reasonable excuse,
permitted to remove or interfere with the operation of a smoke alarm
fitted in the rented premises.
Where a
smoke alarm is of the type that has a replaceable battery, the landlord
must put a new battery in at the commencement of a tenancy.
After
the tenancy begins, the tenant is responsible for replacing the battery
if needed. However, if the tenant is physically unable to change the
battery the tenant is required to notify the landlord as soon as
practicable after becoming aware of the need for it to be replaced.
The
tenant is not responsible for the replacement of batteries in
‘hard-wired’ smoke alarm systems that have battery back-up. This is the
responsibility of the landlord.
The
condition report section of the tenancy agreement must include a
specific reference to smoke alarms so that tenants and landlords are
able to note and comment on the presence of smoke alarms at the
beginning and end of the tenancy.
IMPORTANT – Owners of residential property who
rent out their premises as holiday accommodation are responsible for
installing smoke alarms and replacing batteries.
OWNERS AND RESIENTS
OF RESIDENTIAL PARKS
Under the
Residential Parks Regulation:
Park
owners who rent out on-site accommodation under tenancy agreements are
responsibile for installing smoke alarms in rented premises.
Park
owners have the right of access to rented premises to fit smoke alarms
after giving the tenant at least 2 days notice.
Neither
the park owner nor the resident is, except with reasonable excuse,
permitted to remove or interfere with the operation of a smoke alarm
fitted in the rented premises.
Where a
smoke alarm is of the type that has a replaceable battery, the park
owner must put a new battery in at the commencement of a tenancy.
After
the tenancy begins, the resident is responsible for replacing the
battery if needed. However, if the resident is physically unable to
change the battery the resident is required to notify the park owner as
soon as practicable after becoming aware of the need for it to be
replaced.
The
resident is not responsible for the replacement of batteries in
‘hard-wired’ smoke alarm systems that have battery back-up. This is the
responsibility of the park owner.
The
condition report section of the tenancy agreement must include a
specific reference to smoke alarms so that residents and park owners
are able to note and comment on the presence of smoke alarms at the
beginning and end of the tenancy.
The above
obligations on park owners equally apply to residents who sub-let their
moveable dwellings.
Strata scheme lot
owners
In a strata scheme:
Owners
of lots can install smoke alarms in their lots without having to obtain
approval of the owners corporation.
There is
an obligation on lot owners to repair any damage to common property
caused by the installation of a smoke alarm.
Lot owners who rent out their strata
scheme residential property should note their responsibilities as
landlords in relation to smoke alarms under the Residential Tenancies Act and the Residential Tenancies
(Residential Premises) Regulation.
Operators and
residents of retirement villages
Under the
Retirement Villages Regulation:
Operators
are responsible for the installation of smoke alarms and the
replacement of all required batteries in premises occupied by residents.
Operators,
or persons authorised by operators, have the right of access to
premises occupied by residents to install smoke alarms and to replace
batteries after giving the resident at least 2 days notice.
The
condition report section of the occupancy agreement must include a
specific reference to smoke alarms so that residents and operators will
be able to note the presence of smoke alarms at the beginning of the
occupancy.