Fire safety and smoke alarm regulations: a guide for landlords
As a landlord, ensuring the safety of your tenants is not only a moral obligation but also a legal requirement. Fire safety is a critical element of property management, and understanding the regulations surrounding smoke alarms is essential to protect your investment and the lives of those who occupy your buildings.
Legislative Framework
The primary legislative framework governing fire safety and smoke alarms in NSW includes:
- Environmental Planning and Assessment Act 1979
- Fire and Rescue NSW Act 1989
- Residential Tenancies Act 2010
- Building Code of Australia (BCA)
- NSW Fire and Rescue Regulations 2017
These laws outline the responsibilities of landlords regarding fire safety, including the installation and maintenance of smoke alarms.
Landlords must familiarise themselves with the relevant legislation and take proactive measures to comply with these requirements.
Some of the key responsibilities for landlords include:
Must work: sounds obvious, but smoke alarms must be connected and in working order.
Placement: At least one smoke alarm must be installed in a hallway outside a bedroom or other suitable location in each storey of a rented home. Smoke alarms (including heat alarms) must be working, and cannot be removed or disabled.
Frequency of checks and battery change: Landlords and agents must conduct annual checks to ensure smoke alarms function correctly.
Install or replace removable batteries every year (or, for lithium batteries, in the period specified by the smoke alarm manufacturer)
Replacement: smoke alarms must be replaced within 10 years of manufacture, or earlier if specified by the smoke alarm manufacturer.
Repair: smoke alarms must be repaired or replaced within two business days of finding out that it’s not working. This includes replacing a removable battery.
Notice to tenants: tenant’s must have at least two business days’ notice to inspect or assess the need for a smoke alarm repair or replacement, and at least one hour notice to carry out a repair or replacement of a smoke alarm.
The landlord must use a licensed electrician to repair or replace a hard-wired smoke alarm.
Some key tenant responsibilities include:
Notify landlords: Tenants must notify their landlord or agent if they discover that a smoke alarm is not working, even if it’s because the battery needs to be changed.
Removable battery smoke alarm: Tenants (but not a social housing tenant) can choose to replace a removable battery in a smoke alarm, but they will need to:
- have notified the landlord that the battery is not working
- replace the battery within two business days of giving that notice, and
- notify the landlord within 24 hours of replacing the battery.
Hard-wired smoke alarm
A tenant can arrange for a hard-wired smoke alarm to be repaired or replaced if their landlord or agent does not complete this work within two business days. A licensed electrician must carry out the work.
(NB There are some exceptions to these requirements for a residential property in a strata scheme.)
Reimbursement of tenants
If they paid for the smoke alarm to be repaired or replaced, the tenant must be reimbursed within seven days. They must have already notified their landlord or agent and given them the opportunity to get the repairs done first.
The tenant needs to give the landlord or agent written notice of relevant expenses, including the nature and cost of repairs together with copies of receipts or invoices.
This does not apply to social housing tenants.
For more information about smoke alarms and smoke alarms in strata property, visit the NSW Government guidance on smoke alarms in a rental property.
Staying informed and compliant not only fulfills legal obligations but also ensures a safe and secure living environment for your tenants.
We conduct annual checks, keep accurate records, only use qualified and registered tradesmen and manage tenant communications to ensure you are adhering to the law
But keeping your property legal and safe are just one of the many things we manage.
If you want to know more about our property management services, headed up by industry award-winning Kellie Andriessen,give us a call on 02 4956 9777 or pop into our Cardiff office for a chat. Or send us an email to: mail@newcastlepropertymanagement.com.au – we’d love to hear from you.
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