Building Legislation Amendment (Smoke Alarms) Act 2005 (NSW)

An Act to amend the Environmental Planning and Assessment Act 1979 and the Residential Tenancies Act 1987 to provide for the installation of smoke alarms; and for other purposes.

1Name of Act

This Act is the Building Legislation Amendment (Smoke Alarms) Act 2005.

2Commencement

This Act commences on 1 May 2006.

3Amendment of Environmental Planning and Assessment Act 1979 No 203

The Environmental Planning and Assessment Act 1979 is amended as set out in Schedule 1.

4Amendment of Residential Tenancies Act 1987 No 26

The Residential Tenancies Act 1987 is amended as set out in Schedule 2.

Schedule 1Amendment of Environmental Planning and Assessment Act 1979

(Section 3)

Insert after section 146:

146ASmoke alarms in buildings providing sleeping accommodation(1)

The regulations may make provision for or with respect to:

• (a)

  the installation of one or more smoke alarms in buildings in which persons sleep, and

• (b)

  the maintenance of smoke alarms installed in such buildings, and

• (c)

  prohibiting persons from removing or interfering with the operation of smoke alarms installed in such buildings.

(2)

Regulations made under this section may (without limitation) do any one or more of the following:

• (a)

  specify the types of buildings in which smoke alarms are to be installed,

• (b)

  specify the types of smoke alarms to be installed,

• (c)

  specify where a smoke alarm is to be located,

• (d)

  specify the maintenance that may be required in relation to a smoke alarm that has been installed,

• (e)

  specify circumstances in which development consent under Part 4 is not required in relation to the installation of a smoke alarm,

• (f)

  specify circumstances in which the consent of an owners corporation (within the meaning of the Strata Schemes Management Act 1996) is not required in relation to the installation of a smoke alarm.

(3)

A person must not contravene a provision of a regulation made under this section.

Maximum penalty: 5 penalty units.

(4)

In this section:

building includes a manufactured home, a moveable dwelling or associated structure and includes a building erected before the commencement of this section.

Schedule 2Amendment of Residential Tenancies Act 1987

(Section 4)

[1]Section 24 Landlord’s access to residential premises

Insert after section 24 (1) (c):

(c1)

to install a smoke alarm in the residential premises in accordance with a requirement under section 146A of the Environmental Planning and Assessment Act 1979 (or carry out any other obligation under that section) if the tenant has been given not less than 2 days notice on each occasion,

[2]Section 24 (2)

Insert “, (c1)” after “subsection (1) (b), (c)”.

[3]Section 29A

Insert after section 29:

29ASmoke alarms

It is a term of every residential tenancy agreement that:

• (a)

  the landlord is to ensure that smoke alarms are installed in accordance with section 146A of the Environmental Planning and Assessment Act 1979 if that section requires them to be installed in the residential premises, and

• (b)

  neither the landlord nor the tenant may, except with reasonable excuse, remove or interfere with the operation of a smoke alarm installed in the residential premises.

[4]Schedule 4 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Building Legislation Amendment (Smoke Alarms) Act 2005

[5]Schedule 4, Part 6

Insert after Part 5:

Part 6Provisions consequent on enactment of Building Legislation Amendment (Smoke Alarms) Act 20058Application of section 29A to existing tenancies

Section 29A, as inserted by the Building Legislation Amendment (Smoke Alarms) Act 2005, extends to a residential tenancy agreement in force immediately before the commencement of that section.