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SMOKE ALARMS
From 1 November 2006 it is mandatory for smoke alarms to be installed in all buildings where persons sleep - Environmental Planning and Assessment Amendment (Smoke Alarm) Regulation 2006, referred to below as the EPA Regulation.
The EPA Regulation applies to existing buildings and does not override other legal requirements for the installation of smoke alarms such as existing or future Fire Safety Orders.
For new buildings the Building Code of Australia (BCA) regulates the type, location and manner of installation of the smoke alarms and detection systems which are required to be installed.
If an existing building other than a private dwelling, has a fully functioning smoke detection and alarm system which has been installed pursuant to a building approval or Fire Safety Order no action is required. Similarly, no action is required, if smoke alarms were installed in a private dwelling before the commencement of the EPA Regulation (i.e. 1 May 2006) and those alarms are in sound working order and are correctly located.
In buildings where no alarms were installed before the commencement of the EPA Regulation, the number and location of alarms that must be installed from 1 November 2006 will vary depending on the type of building.
For example ‘shared accommodation’ buildings such as boarding houses, hostels, backpacker accommodation and bed & breakfast accommodation must install alarms which are hard wired (i.e. powered by mains electricity) or powered by a battery which has a 10-year battery life and is permanently connected to the smoke alarm. Private dwelling houses, villas, townhouses and home units on the other hand, can have alarms which are either hard wired with a stand by battery source or solely battery operated.
Floor plans showing the correct location of smoke alarms within various types of buildings are displayed on the NSW Department of Planning website: www.planning.nsw.gov.au Telephone: 1300 858 812.
Smoke alarms installed after the commencement of the EPA Regulation (1 May 2006) must comply with Australian Standard AS 3786-1993. Development consent or consent from an owners corporation in respect of a Strata Title property is not required for the installation of smoke alarms. The NSW Fire Brigades website www.fire.gov.au Telephone: 1800 151 614 contains specific information on the types of alarms available and their use as well as information regarding the EPA Regulation.
It is an offence to interfere with or remove a smoke alarm after 1 May 2006 unless it is to repair, maintain or replace it. Failure to install alarms in compliance with the EPA Regulation from 1 November 2006 will be subject to the following penalties:
- an on the spot fine (maximum $300); or
- where the offence is dealt with by a Court the maximum penalty is $550.
The EPA Regulation has brought about changes to other regulations such as the
Conveyancing (Saleof Land) Regulation 2005, Residential Tenancies (Residential Premises) Regulation 2006, Retirement Villages Regulation 2006 and Residential Parks Regulation 1999. Changes to these regulations were necessary in order to compliment the EPA Regulation.
By way of illustration, changes to the Conveyancing (Sale of Land) Regulation 2005 required the owner of land on which there was a building that required the installation of smoke alarms to attach a statement in the land sale contract stating that the building complied with the EPA Regulation. It was an offence for an owner to attach a statement which was known to be incorrect. If the owner failed to attach a smoke alarm statement to a land sale contract entered into after 1 November 2006, the buyer under that contract could cancel it within 14 days after the date of that contract. The requirement to attach a smoke alarm statement to the land sale contract was repealed on 27 October 2006 with the passing of the Conveyancing (Sale of Land) Amendment (Smoke Alarm Notices) Regulation 2006 which replaced item 15 in Schedule 1 of the Conveyancing (Sale of Land) Regulation 2005 with new item 15 which provides as follows:
“On or after 1 December 2006, a notice in or to the effect of the following (unless the notice is printed in the contract), being a notice that is legibly printed, in bold type, with the words “WARNING” and “SMOKE ALARMS” in capital letters at least 3 millimetres high, and the rest of the notice printed in letters at least 1 millimetre high:
WARNING
SMOKE ALARMS
The owners of certain types of buildings and strata lots must have smoke alarms (or in certain cases heat alarms) installed in the building or lot in accordance with regulations under the Environmental Planning and Assessment Act 1979. It is an offence not to comply. It is also an offence to remove or interfere with a smoke alarm or heat alarm. Penalties apply.”
The effect of this amendment is that vendors of land on which there is a building that requires the installation of smoke alarms to attach to any land sale contract entered into after 1 December 2006 a warning in the prescribed form. Failure to attach such prescribed form of warning gives the purchaser the right to cancel the contract.
The Residential Tenancies Act and the Residential Tenancies (Residential Premises) Regulation stipulate, among other things, that Landlords of residential premises are responsible for the installation of smoke alarms in rented premises and they also have the right to access such premises for the purpose of installing alarms, after giving the tenant at least 2 days notice. The Landlord must also put new batteries in battery operated alarms at the commencement of the tenancy. The tenant is responsible for replacing them during the tenancy unless physically incapable, in which case the tenant must notify the Landlord as soon as practicable after becoming aware of the need to replace.
For further information please contact:
David Buda on (02) 9018 6407or dbuda@rbhm.com.au
Karina Fung on (02) 9018 6415 or kfung@rbhm.com.au
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