Category: Info

Smoke alarm laws in Western Australia consist primarily of the;

– W.A Building Regulations 2012 (division 3) and;

– Building Code of Australia.

In 1997 hard wired 240v smoke alarms became compulsory in Western Australia for all newly constructed residential buildings (or residential building extensions). From 2009 onwards this was extended to also include all existing residential buildings, prior to their transfer of ownership, rent or hire.

In W.A smoke alarms must;

  • be positioned according to the requirements of the Building Code of Australia
  • comply with AS 3786:2014
  • be permanently connected to consumer mains power
  • be interconnected, if your home was newly built after the 1 May 2015.
  • be less than 10 years from the date of manufacture

W.A Building Regulations 2012 allow the use of non-replaceable lithium battery powered smoke alarms in certain situations however. This may include where mains power is not connected to the building, there is no hidden space to run the necessary wiring for mains powered alarms, and there is no appropriate alternative location – for example, where there is a concrete ceiling. It should be noted that formal approval must be obtained by the local council to use lithium battery powered alarms in these situations.

Landlords renting or hiring out their property are required to maintain the smoke alarms by law. This includes ensuring that the smoke alarm is;

  • in working order;
  • connected (hard wired) to 240 volt mains power;
  • less than 10 years old from date of manufacture;
  • if the use of a battery powered smoke alarm has been approved by the local council, the alarm has a non-removeable 10-year life lithium battery.

Both photoelectric and ionisation smoke alarms are permissible according to W.A legislation, however the W.A Department of Fire and Emergency Services (DFES) recommends interconnected photoelectric smoke alarms as the preferred type.

The governing piece of smoke alarm legislation in the Northern Territory is called the Northern Territory Fire and Emergency Regulations 1996 (as in force 1 October 2019).

Part 2A of this regulation details requirements relating to smoke alarms, notably to do with the type of alarm, installation, maintenance and testing. A summary is provided below;

  • All owners of residential property must have working smoke alarms installed and tested annually.
  • Any existing ionization alarms must be replaced with the photoelectric type when they no longer work, the property is sold, or premises are rented out or a lease is renewed.
  • The responsibility for testing the alarm in a tenanted property lies with the tenant. The tenant must advise the owner or agent if the alarm does not work.

Section 13A (3) of the regulation states that an approved smoke alarm means a photoelectric type that:

(a) complies with Australian Standard 3786 and;

(b) is hard wired or is a sealed 10 year lithium battery unit.

A copy of the Northern Territory Fire and Emergency Regulations 1996 is available at the link below if you would like to read it.

https://legislation.nt.gov.au/en/Legislation/FIRE-AND-EMERGENCY-REGULATIONS-1996

Just like every other Australian state and Territory, South Australia also requires working smoke alarms to be fitted into every home that are compliant to Australian Standard 3786. Fines of up to $750 can be imposed if alarms are not installed, and for rental properties the onus is on landlords to ensure the smoke alarms are working.

The two main governing pieces of legislation for smoke alarms in South Australia are the;

Regulation 76B of the Development Regulations 2008 and Regulation 95 of the Planning and Development Infrastructure (General) Regulations 2017 call out minimum requirements for smoke alarms in dwellings. To summarise, they state that;

Existing homes or residential properties built prior to 1 January 1995

A replaceable battery powered smoke alarm may be installed in these premises subject to any change of ownership conditions.

When an existing house built prior to 1995 is sold, the owner then has 6 months from the date of title transfer to install a smoke alarm(s) which is either 240 volt mains powered or has a 10 year life non-removeable lithium battery.

Regulation 76B of the Development Regulations 2008 does not require multiple smoke alarms to be interconnected, unless required by the Building Code of Australia for new additions or extensions to existing dwellings.

New houses or residential properties built after 1 January 1995

The Building Code of Australia requires a 240 volt, mains powered smoke alarm that is interconnectable.

Further advise on the interconnection of smoke alarms in South Australia is available here.

Interestingly, legislation in South Australia does not specifically stipulate between ionisation or photoelectric smoke alarms, although the South Australian Metropolitan Fire Service state that interconnected photoelectric smoke alarms provide the best protection across a range of fires.

Smoke alarm rules and regulations in Victoria are derived primarily from the Victorian Building Regulations 2018 (which requires smoke alarms to be installed in accordance with the Building Code of Australia). Amendments are also being made to the Victorian Residential Tenancies Act which will place extra duties on the landlord.

240v mains powered hard-wired smoke alarms with a battery back-up must be installed in all Victorian buildings constructed after 1 August 1997, like these Red brand 240 volt lithium battery back-up smoke alarms.

Buildings constructed before 1st August 1997 can have a battery-powered smoke alarm, like these wireless interconnected photoelectric smoke alarms with a 10 year long life lithium battery.

As a legal minimum the state requires at least one smoke alarm on each floor of a dwelling, positioned to detect to smoke before it reaches the sleeping occupants of a building.

Direct links to the Victorian Government website are posted below if you would like to read the legislative document for yourself.

https://content.legislation.vic.gov.au/sites/default/files/2020-10/18-38sra013%20authorised.pdf

The Victorian Country Fire Authority (CFA) recommend smoke alarm best practice above and beyond minimum legal Victorian requirements – refer to the direct link below.

https://www.cfa.vic.gov.au/plan-prepare/installation-and-replacement

Smoke alarms should be in all rooms
Test smoke alarms every month
Smoke alarms should be in all rooms

(all images above courtesy Country Fire Association Victoria website).