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1. Home
2. Home Fire Safety
3. Smoke alarms
4. What does the legislation mean?

What does the legislation mean?

What is the new legislation and when does it commence?

The Building Legislation Amendment (Smoke Alarms) Act 2005 and the Environmental Planning and Assessment Amendment (SmokeAlarms) Regulation 2006 (PDF, 248KB) commenced in NSW on 1 May 2006 (fine-free moratorium ended 1 November 2006).

What does the legislation address?

The Legislation refers to residential and certain shared accommodation across NSW and requires:

1. the installation of one or more smoke alarms in buildings in which persons sleep,
2. smoke alarms installed in such buildings must be operational, and
3. persons do not remove or interfere with the operation of smoke alarms installed in such buildings.

What happens if I don’t comply with the legislation?

A person who does not comply with the legislation is guilty of an offence (maximum penalty $550).

What type of smoke alarm do I need?

There are several types of smoke alarms available. The Environmental Planning and Assessment Amendment (SmokeAlarms) Regulation 2006 requires that you purchase a smoke alarm that has been tested as compliant with Australian Standards (AS3786) and is marked as:

• Approved to AS3786
• Accredited to AS3786, or
• SSL (Scientific Services Laboratory) listed. Scientific Services Laboratory (SSL) is part of the Australian Government Analytical Laboratories.

Note: Alarms installed prior to 1 May 2006 that do not meet AS3786 are deemed to comply with the legislation.

What does the legislation mean for landlords and tenants?

The NSW Office of Fair Trading has defined the responsibilities for landlords and tenants and these responsibilities are outlined in their factsheet entitled Smoke alarms and residential premises (PDF, 101KB).

In most cases:

Landlordsare responsible for supplying the smoke alarm(s) and for their installation. They will also be required to install a new battery for each smoke alarm at the commencement of each new tenancy.

Tenantsare responsible for the replacement of batteries in battery powered smoke alarms not in hard wired smoke alarms. Exemptions to this are detailed in the factsheet Smoke alarms and residential premises (PDF, 101KB).

For more information on the Regulations:

• Residential Tenancies (Residential Premises) Amendment (Smoke Alarms) Regulation 2006 (PDF, 173KB)
• Residential Parks Amendment (Smoke Alarms) Regulation 2006 (PDF, 187KB)
• Retirement Villages Amendment (Smoke Alarms) Regulation 2006 (PDF, 153KB)