South Australian Legislation

Smoke Alarm Legislation

It’s not an option, smoke alarm legislation is the law. Let Australia’s leading provider of smoke alarm maintenance and compliance services provide your landlords and you with the PEACE OF MIND in knowing all legislative obligations have been met.

Your Responsibilities 
Smoke alarm maintenance is governed by both State and Federal legislation. Each state has different requirements. As a Property Manager, Landlords entrust you with one of their greatest investments, which is a sizeable responsibility. Smoke Alarm Solutions aims to ease the burden by ensuring the properties you manage are always compliant with smoke alarm legislation.

The Risks 
Failure to take every practical step to ensure the safety of your tenants and property may result in the dismissal of insurance claims for damage, personal injury or loss of life. Landlords must ensure working smoke alarms are installed in their rental properties, in accordance with the Building Code of Australia and Australian Standards. Landlords must also ensure smoke alarms are regularly maintained and replaced when faulty or expired. Landlords who do not meet mandated requirements in order to ensure the safety of their tenants can face a multitude of unpleasant and unwanted consequences that, with the right guidance, can be easily avoided. 

Federal Legislation 

Landlords must ensure their rental property is properly fitted with the required number of working smoke alarms, complying with the Australian Standard (3786:2014), and they are installed as outlined in the Building Code of Australia (BCA) part 3.7.2. This legislation is applicable to all states of Australia. 

Current Requirements means the legislative requirements stipulated by the Development Regulation 2008 and the National Construction Code. Considerations around compliance of the smoke alarms at the Inspection Address are the types of smoke alarms and smoke alarm installations, build dates, including dates of significant renovations, and building classes.

Current Requirements means the legislative requirements stipulated by the South Australia Development Act 1993; Residential Tenancies Act 2010; and the Electricity Act 1996 applicable to existent smoke alarms and smoke alarm installations and related electrical work (if applicable). Considerations around compliance of the smoke alarms at the Inspection Address are the types of smoke alarms and smoke alarm installations, build dates, including dates of significant renovations, and building classes.

The Development Act 1993 requires smoke alarms to be installed on every storey, they must be located between each part of the dwelling containing bedrooms and the remainder of the dwelling. Smoke alarms must also be installed in any hallway leading to the bedrooms. Landlords must comply with smoke alarm legislation in all residential rental properties including detached houses, villa units, sole occupancy units, guest houses and hostels.

Smoke Alarm Types

The type of smoke alarm you require depends on when you purchased your home or the age of your home;

  • For homes or residential rental properties that are purchased before 1 February 1998 you are required to fit a replaceable battery powered smoke alarm.
  • For homes or residential rental properties purchased on or after 1 February 1998, regulation 76B requires a smoke alarm (or smoke alarms) to be fitted within six months from the day on which the title is transferred and be either a 240 volt, mains-powered smoke alarm or a 10-year life, non-replaceable, non-removable, permanently connected battery powered smoke alarm.
  • For homes or residential rental properties built on or after 1 January 1995 the Building Code of Australia requires a 240 volt, mains powered smoke alarm.