Smoke Alarm Compliance Guidance

Within NSW there are many different types of smoke alarm legislations to ensure people have working smoke detectors. Smoke alarms are important for fire safety and alerting people that a fire has been detected. This is why under Clause 146A of the Environmental Planning and Assessment Act 1979 and also Division 7A of Part 9 of the Environmental Planning and Assessment Regulation 2000 states at least one smoke alarm must be installed on levels where people sleep. The smoke alarms themselves must also meet Australian Standard AS 3786.

Homeowners

Within residential properties, there has to be at least one smoke alarm present within each level of the home. These smoke alarms must be fitted into each level including for occupied homes, relocatable houses, rental properties, camper-vans, caravans and any other residential place where people sleep. 

Tenants

For tenants, their landlords are responsible for having the residential space follow all needed requirements for smoke alarms. This means that there needs to be a properly functioning smoke alarm at every level of the house. When the landlord has access to the rented premises they will be responsible for installing the smoke detector after a two days’ notice has been given. 

When the tenancy has begun then the tenant is the person responsible for ensuring they have a working smoke alarm. This includes cleaning it, testing it and replacing it if needed and notifying the landlord that these have occurred. Any back-up battery or hard-wired smoke alarm will be replaced by the landlord though. When the tenant is physically unable to check and replace the smoke alarm batteries then the tenant must tell the landlord for them to perform the action. 

Landlords

Landlords or tenants cannot interfere or remove any smoke alarms within a property. The landlord will need to ensure that before the tenant moves in that the battery in the smoke alarm is replaced. Within the condition report section of the tenancy agreement there must be a section on smoke alarms and how they are managed. When people rent holiday homes then they also need to install, test and replace the smoke alarms. 

Landlords will also need to inspect the smoke alarms each year and replace them after ten years. The replaceable batteries will need to be replaced by the tenant every year, lithium batteries might be different but the manufacturer instructions will make it clear. There must be a 2 day notice given out to the tenant that smoke alarm maintenance is being performed. 

Caravans and Motorhomes

These types of residential living have highly combustible fittings and smoke alarms are extremely important. There must be at least one working smoke detector within the place located near the bed or sleeping area.

Even though there must be at least one smoke detector within each level where people sleep it is encouraged that more are installed. One outside each sleeping room, within hallways and stairways and at least one on any level are recommended to ensure people can be alerted of a fire at any point of the house. 

Smoke alarm maintenance includes testing, cleaning and inspecting each smoke alarm at given points in time. These tasks are performed to ensure the smoke alarm is healthy with a working battery present. Problems can be found early to repair them or replace the alarm completely to also ensure that smoke detector compliances are met. An effective smoke alarm compliance check follows:

• Monthly – every month performing a smoke alarm test is important to guarantee that they are working properly.
• Six months – every six months the smoke alarms should be cleaned. This includes any dust, insects or other debris that could be blocking the smoke alarm or causing false alarms.
• Yearly – each year the lead or alkaline batteries of smoke detectors should be replaced to guarantee a working one is present.
• Ten years – every ten years the smoke alarms around the home should be replaced as this is the average lifespan of smoke detectors.