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, aiming to enhance fire safety in residential properties. Division 7A of the NSW Environmental Planning and Assessment (Smoke Alarms) Regulation 2006 mandates the installation of photoelectric smoke alarms in all existing residential buildings where people sleep. This legislation ensures that homeowners, landlords, and tenants comply with minimum safety standards, reducing the risk of fire-related fatalities. The regulation specifies the type, placement, and maintenance requirements for smoke alarms, reinforcing the importance of early fire detection to protect lives and property across New South Wales.
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 strongly advocates for a higher level of protection. They recommend best practice by installing interconnected photoelectric smoke detectors in all bedrooms, living areas, hallways, and stairways on every level of the home. Interconnection ensures that when one alarm detects smoke, all alarms sound simultaneously, providing earlier warning and maximising escape time. This is especially important in larger homes or properties with multiple occupants, as it enhances fire detection coverage and response time, significantly improving overall household safety and reducing the risk of fire-related tragedies.
NSW interconnected smoke detectors 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 in March 2020 and placed extra obligations for photoelectric smoke detectors on landlords and tenants in accordance with the NSW Rental Tenancies Regulation 2019. Under these regulations, landlords are responsible for ensuring smoke detectors are installed, maintained, and in working order, while tenants must notify landlords if alarms require maintenance. The changes reinforce the importance of fire safety in rental properties, ensuring compliance with updated standards to better protect tenants from the dangers of house fires.
NSW Smoke Alarm Requirements For Landlords
- Ensure smoke detectors are installed as per NSW Regulations.
- Conduct an annual check to ensure all smoke detectors are functioning.
- Repair or replace a smoke detector within 2 business days of becoming aware that the smoke detector is not working.
- Engage an authorised electrician to repair or replace a hardwired smoke detector.
- Replace removeable batteries in smoke detectors annually.
NSW Smoke Alarm Requirements For Tenants
- Inform the landlord if a repair or a replacement of a smoke detector is required, including replacing a battery.
- Only replace a battery in a battery-operated smoke detector, or a back-up battery in a hardwired smoke detector, if the smoke detector 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 detector 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)
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ZEN Photoelectric Smoke Alarms
New Farm, QLD, 4005