Smoke Alarms Regulation
The Environmental Planning & Assessment Amendment (Smoke Alarms) Regulation 2006 commenced on 1st May 2006, and it requires property owners to ensure smoke alarms are installed in existing premises where people sleep.
The Smoke Alarms Regulation specifies which types of buildings will need smoke alarms installed, the types of alarms, where they are to be located, and other matters.
The NSW State Government via the Department of Planning has also issued an information package regarding the requirements of the Smoke Alarms Regulation. The package is available for viewing by clicking on the following links:
Building owners will realise that the State Government has allowed them a choice to install either hard-wired smoke alarms, or ones that are battery-only operated in certain existing buildings. However it is important for building owners to note that the Regulation amendment does not override a local Council’s role under the Environment Planning & Assessment Act 1979 when Council has to consider a development application where changes are proposed to existing buildings. The Regulation amendment does not override the need for a new building or an addition/alteration to an existing building to comply with the Building Code of Australia. Construction Certificates and Complying Development Certificates for building work cannot be issued unless the proposed works demonstrate compliance with the Building Code of Australia.
The Regulation amendment also does not prevent a Council from issuing a Fire Safety upgrading Order on a building to which the Regulation amendment applies, because if an existing building is subject to a current Order, the Regulation amendment does not override that Order.
Basically what all this means is that if any residential premises (ie dwelling, unit, hotel, motel, boarding house, backpackers etc.) ever comes under the scrutiny of Council through an application that is submitted such as a Development Application, Complying Development Certificate, Building Certificate etc., then that application will be subject to an assessment under the Building Code of Australia (BCA). If that occurs then the requirements of the BCA will be applied to that assessment and it will be insisted at that time that the BCA requirements for a “hard-wired” smoke alarm system compatible with that particular building use be provided.
Similarly, these same requirements will be applied to buildings that Council audits for fire safety purposes and then follows-up with the issuing of a Fire Safety Order. So basically, these more stringent BCA requirements will be applied to any buildings that attract Council’s involvement for any sort of assessment or audit.