The Laws

The Fire and Rescue Service Amendment Act 2006 has been law since July 1st 2007, and with it comes added responsibilities for you as a property owner.

• Owners must ensure that their property is fitted with the required number of working smoke alarms complying with Australian Standard 3786-1993 and installed as per the Building Code of Australia Part 3.7.2.3.
• A landlord appointed agent must test and clean each smoke alarm within 30 days before the start of a tenancy, which includes tenancy renewals. In addition, a landlord or agent must replace, in accordance with the manufacturer's instructions, each battery in the smoke alarm that is flat or that the landlord or agent is aware is almost flat within 30 days before the start of a tenancy.
• The landlord or agent must also replace the smoke alarm before it reaches the end of its useful life. If the smoke alarm reaches the end of its service life, the landlord or agent must replace it immediately.

The Property Managers Responsibilities

Property managers must comply with the new legislation and the Building Code of Australia. This is not just establishing that a property has a smoke alarm. You need to ensure that the property has the required number of smoke alarms; that they are located correctly as per the legislation and the Building Code; that they meet Australian Standards; that they are working; that they are not past their expiry date.

Before the commencement of every new tenancy, you must ensure that smoke alarms are inspected, tested, cleaned and the battery changed (if necessary). The legislation prohibits you from transferring this responsibility to the tenant.

Property Managers and Real Estate Agents have been warned by their Insurers that this responsibility is outside the expertise of a Property Manager, and that their Insurance would not cover them in the event of a mistake. For this reason, most Property Managers will not take on this responsibility.