Smoke Alarms - WA

[Minxdamanx]

Hi all.

Could you please help me with the following? This is relation to a rental property in WA. I think all states have different laws.

1) is it mandatory to have smoke alarms in a rental property?
2) if so do they have to be hardwired?
3) does anyone know when this came into effect (if it has)?
4) are safety switches mandatory in a rental property?
5) does anyone know when this came into effect?

the PM for the house I am purchasing currently has advised that the new laws only came into effect from July 1 this year and as the house was tenanted at the time nothing needed to be done until a change of tenant, but that is different from my understanding, so if anyone can assist it'll be much appreciated.

Thanks very much all

 

[yo yo ma]

New smoke alarm legislation

New subsidiary legislation (regulations) relating to the installation of mains-powered smoke alarms is currently being developed.

In simple terms, the regulations will require that homes and rental properties have mains-powered smoke alarms professionally installed before they can be sold or re-tenanted. It is expected that these regulations will be passed as law later in the year.

These regulations relate to the Local Government Act (Miscellaneous Provisions) Amendment (Smoke Alarms) Act 2007, which commenced on 8 January 2008.

It is expected that these regulations will be passed as law in the last quarter of this year or early 2009.

Questions or comments relating to the new legislation should be referred to FESA on
9323 9376

http://www.fesa.wa.gov.au/internet/?MenuID=234&ContentID=401

 

[Minxdamanx]

Thanks very much for that. I'll contact FESA for clarification.

 

[yo yo ma]

1) is it mandatory to have smoke alarms in a rental property?
2) if so do they have to be hardwired?
3) does anyone know when this came into effect (if it has)?
4) are safety switches mandatory in a rental property?
5) does anyone know when this came into effect?

True that there is different legislation for each state... Regardless of legislation, I would make sure there are both hardwired smoke alarms and a safety switch in rental properties.

 

[Celeste]

Hi all

My electrician said they have to hardwired now.. in Perth. and he mumbled something about insurance co.'s requirements.

and that the lights need to have a safety switch........for peace of mind I had it all done.

Where do you look up all this type of info regarding rental properties....I have been meaning to look, I haven't got that far done my list of things to do.

 

[Minxdamanx]

True that there is different legislation for each state... Regardless of legislation, I would make sure there are both hardwired smoke alarms and a safety switch in rental properties.

Absolutely. What I'm trying to figure out is if they should already been installed and that the owner / property managers should have ensured that they were fitted. Either way they will be done, just trying to figure out if it's my expense or not.

 

[Minxdamanx]

Where do you look up all this type of info regarding rental properties....I have been meaning to look, I haven't got that far done my list of things to do.

Celeste that's what I want to know too. I think I'll call my PM on my other IP and pick her brains (we're self managing the new one).

But if anyone can tell me if there is a document / copy of legislation etc that covers all this I would be very appreciative.

 

[INVSTOR]

http://www.docep.wa.gov.au/Consumer..._and_tenancy/Landlords/A_final_checklist.html

 

[Minxdamanx]

Thank you, that gets me part way there, but still isn't definitive as to dates of legislation etc.

 

[Minxdamanx]

"Thanks for your inquiry. Right at this moment, there's is no legislation mandating smoke alarms in rental properties, unless the property was built after 1996.

However, FESA and the Department of Housing and Works are currently working on developing amendments to the Building Regulations which will require hard-wired smoke alarms to be installed in all residential (including rental) properties before they can be sold (or re-leased).

The intent of this legislative amendment is to ensure hard-wired smoke alarms are installed in all residential properties... not just those constructed after 1996 (in 1996 the Building Code was changed to mandate hard-wired alarms in all new homes).

Please note that these new Regulations are still some time off. I can't give you a definite implementation date, but I am guessing around early 2009. There will also be a substantial advertising and public awareness campaign, so you will have plenty of notice (at least 6 months) before this becomes law.

So, to answer your specific question, there is no legal requirement right now for the previous owner to install smoke alarms. However, as you say, they are essential, so there’s nothing stopping you installing them yourselves.

Best regards,
Adam Boyle
A/Legal and Legislation Officer
Strategic Policy & Executive Services
Fire and Emergency Services Authority of Western Australia
Ph (08) 9323 9376
Fax (08) 9323 9470
E-mail [email protected]"


Just got the following response from FESA - within in about 5 minutes of my email to them - wonderful response

 

[INVSTOR]

don't know if you noticed also minx, celeste - all you need to know about being a landlord is here also

http://www.docep.wa.gov.au/Consumer...state/Renting_and_tenancy/Landlords/index.htm

 

[Minxdamanx]

Great link isn't it? I found it earlier.

You can also search for forms to lodge a bond and a periodic or fixed term lease and all breach notices etc.

Also for those that need it you can download the Residential Tenancy Act 1987 from here

http://www.slp.wa.gov.au/legislation/statutes.nsf/main_mrtitle_821_homepage.html