Smoke Alarms
As from 1 May 2006 new smoke alarm requirements make smoke alarms mandatory in all buildings in which people sleep. Landlords have until 1 November 2006 to ensure compliance with the Smoke Alarm legislation.Responsibilities of landlords and tenants
From 1 May 2006, under the Residential Tenancies Act and the Residential Tenancies (Residential Premises) Regulation:
Landlords are responsible for the installation of smoke alarms in rented premises.
Neither the landlord nor the tenant are, except with reasonable excuse, permitted to remove or interfere with the operation of a smoke alarm.
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.
During the tenancy the tenant is responsible for replacing the battery if required. 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.
NOTE - Owners of residential property who rent out their premises as holiday accommodation are responsible for installing smoke alarms and replacing batteries
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.
If you have any questions regarding the responsibilities of landlords, tenants or strata scheme owners with respect to smoke alarms, contact the Institute Agency Support Service on tel: 9264 2343 or toll free 1800 045 003 or email info@reinsw.com.au.
What is the best smoke alarm?
An agent/landlord must be guided by a suitably qualified smoke alarm installer as to which particular device best addresses the premises in question.
Notwithstanding this the Institute is of the view from a risk management perspective that when a battery operated unit is recommended, the smoke alarm with the 10 year battery contained in a sealed unit is to be preferred. This smoke alarm while initially more expensive does not require the battery to be replaced at the commencement of each new tenancy and addresses the issue of tenants removing the battery to power other devices.
For more information about the type, location and number of smoke alarms that are required to be fitted to the various classes of residential premises, call the Smoke Alarms hotline on 1300 858 812, go to www.fire.nsw.gov.au or send an email to smoke.alarms@planning.nsw.gov.au.
