Smoke Alarms

Rental/ Building Legislation

It is the responsibility of the landlord to ensure smoke alarms are in working order and meet the requirements of Australian Standard 3786. Smoke alarms must be placed in compliant locations as set out in the Building Code of Australia Part 3.7.2.

Standard residential requirements

As of September 2020, it is law in NSW that a landlord must:

• Service their smoke alarms annually
• Ensure all smoke alarms are functioning at all times
• Smoke alarms must be replaced before their 10-year expiry period
• Install or replace smoke alarm or smoke alarm batteries yearly
• Provide a smoke alarm condition reports
• Smoke alarms are legally required in buildings near bedrooms and hall ways where people sleep

On 1 May 2006, the NSW Government introduced legislation to ensure all homes have at least one working smoke alarm per floor. As smoke alarms can be affected by dust, insects, humidity and age, they need to be replaced at least every 10 years.

When and why was the smoke alarm legislation introduced?

On 1 May 2006, the NSW Government introduced new legislation following a series of fatal house fires.

This legislation mandated that all residential dwellings in NSW must have at least one working smoke alarm installed on each level of the home. This includes; owner-occupied and rental properties, relocatable homes, caravans and campervans or any other residential building where people sleep. Smoke alarms must comply with Australian Standard 3786 (AS3786), which should be clearly marked on the packaging.

How do people know how old it is?

To assist in identifying the age of smoke alarms, the AS3786 standard requires a serial number or batch number to be placed on the device. For example, 2406 may mean that the product was manufactured in the 24th week of 2006. Some manufacturers place the date of manufacture on the smoke alarm and some now place the expiry date on the smoke alarm. The batch numbers or dates are usually on the base of the smoke alarm near the battery compartment.

Check if the smoke detector is an ionization type detector if so then we recommend it be replaced as they have become illegal to install. new photo electric smoke detectors are the new standard and work better to help save lives.

Where should smoke alarms be positioned?

There are minimum requirements needed to meet the Building Legislation Amendment (Smoke Alarms) Act 2005; however, Fire and Rescue NSW recommends a higher level of protection with the installation of interconnected alarms in every bedroom, living space (including hallways and stairways) and even the garage in your home.

Under the Act, different types of premises require smoke alarms to be installed in various locations. For residential dwellings, a smoke alarm must be installed on each level of the home. The alarm should be installed between the kitchen and sleeping areas, close enough to be heard from the bedrooms.

A common mistake is that smoke alarms are installed too close to the kitchen or bathroom. Fire and Rescue NSW recommends installing interconnected photo electric alarms in every bedroom, living space (including hallways and stairways) and even the garage.

How should residents maintain their smoke alarms (testing / batteries etc)?

Fire and Rescue NSW recommends the following maintenance:

Every month: Smoke alarms should be tested (by pressing the test button) to ensure the battery and the alarm work.

Every six months: Smoke alarms should be cleaned with a vacuum cleaner. This will remove any dust or particles that could prevent the smoke alarm from working properly.

Once a year: If your smoke alarm has a battery, you should replace it annually. A good way to remember is to change it when you change your clocks at the end of Daylight Saving. If your smoke alarm uses a lithium battery, it is inbuilt into the alarm and cannot be replaced. The entire unit needs to be replaced every 10 years.

Every 10 years: Replace your smoke alarm. Smoke alarms do not last forever and the sensitivity in all smoke alarms will reduce over time. All types of smoke alarms should be removed, replaced and disposed of at least every 10 years.