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Environmental Planning And Assessment Amendment

(Smoke Alarms) Regulation 2006

On 1 May 2006, the NSW Government introduced new legislation following a series of fatal house fires. Division 7A of the NSW ‘Environmental Planning and Assessment (Smoke Alarms) Regulation 2006’ calls out minimum requirements for photoelectric smoke alarm installation in existing residential buildings.

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 each level of a dwelling (even if there are no bedrooms on that level).

NSW Interconnected Smoke Alarms – Best Practice

Note that whilst this is the minimum standard required by NSW law, Fire and Rescue NSW recommends best practice by installing interconnected photoelectric smoke alarms 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 photoelectric smoke alarms on 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 Regulations.
  • Conduct an annual check to ensure all smoke alarms are functioning.
  • Repair or replace a smoke alarm within 2 business days of becoming aware that the smoke alarm is not working.
  • Engage an authorised electrician to repair or replace a hardwired smoke alarm.
  • Replace removeable batteries in smoke alarms annually.

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 the tenant will carry out and has carried out a smoke alarm repair or replacement, or engages 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.

NSW Environmental Planning and Assessment Amendment (Smoke Alarms) Regulation 2006

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

Want to know more? Watch our ZEN Smoke Alarm YouTube channel or call us on 0478 596 402 today

We love talking smoke alarms!

ZEN Photoelectric Smoke Alarms

New Farm, QLD, 4005

Victorian smoke alarm laws are derived primarily from the Victorian Building Regulations 2018 (which requires photoelectric 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 photoelectric smoke alarms 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 photoelectric 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 photoelectric smoke alarms and also reminding them of their obligation not to tamper with the alarms and to report any defective photoelectric 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

Want to know more? Watch our ZEN Smoke Alarm YouTube channel or call us on 0478 596 402 today

We love talking smoke alarms!

ZEN Photoelectric Smoke Alarms

New Farm, QLD, 4005

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 photoelectric 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 Battery Smoke Alarms In Western Australia?

Yes you can – W.A Building Regulations 2012 allow the use of 10 year non-replaceable battery powered photoelectric 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 photoelectric smoke alarms in these situations.

smoke alarms laws in Western Australia

Perth house fire – Western Australia

Smoke Alarm Laws In Western Australia Rental Properties

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

Want to know more? Watch our ZEN Smoke Alarm YouTube channel or call us on 0478 596 402 today

We love talking smoke alarms!

ZEN Photoelectric Smoke Alarms

New Farm, QLD, 4005

Just like every other Australian state and territory, it is mandatory in South Australia for working Australian Standard 3786 compliant photoelectric smoke alarms to be fitted into every home. Fines can be imposed if alarms are not installed, and in rental properties the onus is on landlords to ensure the photoelectric 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 are a 10 year life non-removeable lithium battery fire alarm.

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 240v mains powered photoelectric interconnected smoke alarms.

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

Want to know more? Watch our ZEN Smoke Alarm YouTube channel or call us on 0478 596 402 today

We love talking smoke alarms!

ZEN Photoelectric Smoke Alarms

New Farm, QLD, 4005