Smoke Alarm Regulations Now Law by Paul Anderson | May 2006
The Environmental Planning and Assessment (Smoke Alarms) Regulation 2006 commenced on 1 May 2006. The Regulation was made pursuant to the Building Legislation Amendment (Smoke Alarms) Act 2005 which came into effect in July last year. The new Regulation requires smoke alarms to be installed in existing buildings in which people sleep. Smoke alarms are already mandatory for all new buildings and in some instances, when buildings are altered or their use is changed. However, a six month grace period has been allowed so that the legal obligation to install smoke alarms in existing buildings does not arise until 1 November 2006. The new provisions also have implications for the sale of real estate from 1 November 2006.
Background In the last five years, 144 house fire deaths have occurred across New South Wales. NSW Fire Brigades estimate that 59% of deaths from house fires occur during sleeping hours and 670,000 homes across the State do not have smoke alarms.
Application of Regulation The new Regulation specifies which types of buildings will need smoke alarms installed, the types of alarms and where they are to be located. The new Regulation does not override any other legal requirements, e.g. an outstanding Fire Safety Order, nor does it override the Building Code of Australia, which regulates the design and construction of new buildings and building work. Different rules apply to private dwellings and shared accommodation.
Private Dwellings Private dwellings include: • • • •
Class 1a buildings (e.g. detached houses, terrace houses, town houses and villa units); Class 2 buildings (e.g. apartments, home units, flats); Class 4 parts of buildings (e.g. caretakers flats, single residences above shops); and relocatable homes (e.g. manufactured homes and moveable dwellings but not tents, campervans, caravans or the like).
In the case of private dwellings, the smoke alarm must comply with Australian Standard AS3786. It must be hardwired to the mains electricity power supply with battery backup or powered by a battery.
1
T U R KSLEGAL
Shared Accommodation Shared accommodation includes: Class 1b buildings (e.g. small boarding houses, guest houses, hostels, backpacker accommodation, bed and breakfast accommodation); Class 3 buildings (e.g. large boarding houses, guest houses, hostels, backpacker accommodation, residential parts of hotels, motels, schools, health care buildings, detention centres, certain residential accommodation for the aged, children and people with disabilities); and Class 9a health care buildings (e.g. hospitals and nursing homes).
• •
•
In the case of shared accommodation, the smoke alarm must comply with Australian Standard AS3786. It can be hard wired to the mains electricity power supply with battery back up or powered by a non-removable ten year long life battery permanently connected to the smoke alarm.
Location of Alarms Location depends upon a building’s use (classification), size and layout. The general principle is that smoke alarms should be positioned to detect smoke before it reaches sleeping occupants. The sound emitted by the alarm is designed to wake occupants giving them time to evacuate. As an example, in the case of a Class 1a building, smoke alarms must be installed on every storey. In storeys containing bedrooms, smoke alarms must be located at or near the ceiling: • •
in every corridor or hallway associated with a bedroom; or if there is no corridor or hallway, between the part of the building containing the bedroom and the remainder of the building or home.
In storeys not containing bedrooms, a smoke alarm should be located in the path of travel people will most likely take to evacuate the building. Different provisions apply to Class 1b, Class 2, Class 3, Class 4 and Class 9a buildings. The website of the Department of Planning: www.planning.nsw.gov.au, contains several diagrams which usefully illustrate the required location of smoke alarms in different situations with different classifications of building.
Approvals No approval is required to install a smoke alarm, e.g. development consent or construction certificate.
Timing A legal obligation to install smoke alarms in existing buildings does not arise until 1 November 2006. Penalties and fines for non-compliance will apply from that date. However, from 1 May 2006, it will be an offence to interfere with or remove an existing smoke alarm unless for repair, maintenance or replacement. There will also be a public education program.
2
T U R KSLEGAL
Maintenance Smoke alarms should be regularly maintained and tested. In the case of Class 1b, 2, 3, 4 and 9a buildings, smoke alarms must be added to the Fire Safety Schedule for the building. Smoke alarms will then be subject to the ongoing maintenance and certification regime prescribed by Part 9 of the Environmental Planning and Assessment Regulation 2000 as for other essential fire safety measures.
Sale of Existing Buildings The Conveyancing (Sale of Land) Regulation 2005 has also been amended by the Conveyancing (Sale of Land) Amendment (Smoke Alarms) Regulation 2006. As from 1 November 2006, a Contract for Sale of Land must contain a statement that the building complies with any applicable obligation to install smoke alarms. Failure to attach the statement gives the purchaser a right to rescind within 14 days of the making of the Contract. An inaccuracy in the statement does not give a right to rescind but knowingly making an inaccurate statement is an offence. The result is that any owner of an existing building that is subject to the new provisions must ensure that the building complies before entering into a Contract for Sale after 1 November 2006.
Conclusion Any measure that improves fire safety and minimises the risk of death or injury can only be applauded. However, unless the government’s education program is widespread and thorough, there will be many owners listing an existing building for sale after 1 November 2006 who will unexpectedly learn that smoke alarms must be installed before the building can be sold. Fortunately, compliance is relatively simple and the expense moderate. All building owners should install complying smoke alarms as soon as possible.
For more information please contact: Paul Anderson Partner T: 02 8257 5742 paul.anderson@turkslegal.com.au
Sydney | Level 29, Angel Place, 123 Pitt Street, Sydney, NSW 2000 | T: 02 8257 5700 | F: 02 9239 0922 Melbourne | Level 11 | 350 Collins Street , Melbourne, VIC 3000 | T: 03 8600 5000 | F: 03 8600 5099
Business & Property | Commercial Disputes & Insolvency | Insurance & Financial Services Workers Compensation | Workplace Relations www.turkslegal.com.au This Tur k Aler t is c ur rent at its date of public ation. While eve r y c a re h a s b e e n t a k e n i n t h e p re p a rat i o n o f t h i s Tu r k Al e r t i t d o e s n o t co n s t i t u te l e g a l advice and should not b e relied up on for this pur p ose. Sp ec i f i c l e g a l a dv i ce s h o u l d b e s o u g ht o n p a r t i c u l a r m at te r s. Tu r k s Le g a l d o e s n o t a c ce p t resp onsibilit y for any er rors in or omissions from this Tur kAle r t . Th i s Tu r k Al e r t i s co py r i g ht a n d n o p a r t m ay b e re p ro d u ce d i n a ny fo r m w i t h o u t t h e p er mission of Tur ksLegal. For any enquir ies, please contac t t h e a u t h o r o f t h i s Tu r k Al e r t .