Do I need to have smoke alarms installed in my home?
YES - The Building Regulations 2012 (the Regulations) in Western Australia require the owner of a dwelling to have compliant smoke alarms installed:
prior to the sale or transfer of ownership of the dwelling;
where a dwelling is rented under a residential tenancy agreement or made available for such rental; and
where a dwelling is made available for hire.
Do smoke alarms need to be interconnected if there are more than two alarms?
The BCA requires smoke alarms to be interconnected where there is more than one alarm. However, interconnection of smoke alarms is not mandated for a dwelling that was constructed on an application for a building permit made before 1 May 2015.
Are battery powered smoke alarms permitted?
Battery powered smoke alarms may be installed without local government approval where:
mains power is not connected to the dwelling; or
there is no hidden space in the existing dwelling in which to run the necessary wiring for mains powered smoke alarms and there is no appropriate alternative location, for example where there is a concrete ceiling.
What type of smoke alarm is acceptable?
There are two types of residential smoke alarms, ionisation and photoelectric. Both types are acceptable providing they comply with the relevant edition of AS 3786 as referenced in the BCA at the time of installation of the smoke alarms.
Ionisation smoke alarms use a small amount of radioactive material to create an electrical current, when smoke enters the detection chamber it impedes the flow of the current and causes the alarm to sound. Department of Mines, Industry Regulation and Safety Smoke alarm laws for existing dwellings. Photoelectric smoke alarms have a chamber with a light source. As smoke enters the detection chamber it interferes with the light beam which causes the alarm to sound. The Department of Fire and Emergency Services recommends the use of photoelectric smoke alarms.
Who can install smoke alarms?
Smoke alarms required to be permanently connected to the mains power supply require a licensed electrician to either connect or disconnect the smoke alarm. Where the Regulations permit a battery powered smoke alarm to be fitted instead of one connected to mains power, a licensed electrician is not required to fit the battery powered smoke alarm.
Will a smoke alarm in a home security system comply?
The Regulations stipulate that a smoke alarm is permanently connected to mains power where an electrician would ordinarily be required to connect or disconnect the alarm. Smoke alarms that are powered through a home security system may not comply because the home security system can be disconnected by the occupier at the power point. Such a disconnection would cut-off the supply of electricity to the smoke alarms that rely on the security system. In other words, the power for the smoke alarms must be separate to the power source for the home security system and the smoke alarms permanently connected to mains power.
Requirement to maintain smoke alarms.
Owners who rent their dwelling to tenants under a residential tenancy agreement – as defined in the Residential Tenancies Act 1987 are required by law to maintain the smoke alarms. This includes ensuring the alarms are:
in working order;
permanently connected to mains power;
less than 10 years old, or has not reached the expiry date if one is provided on the alarm; and
if the use of a battery powered smoke alarm has been approved under the Regulations, the alarm has a 10 year life battery that cannot be removed.
Are there penalties for non-compliance?
Yes, local governments have the power under the Building Act 2011 and the Regulations to either issue an infringement notice or prosecute an owner who fails to have compliant smoke alarms installed prior to selling, transferring ownership, renting or hiring the dwelling.
Minimum RCD requirements for sale/rental compliance.
A minimum of two RCDs protecting all power and lighting circuits must be fitted to a residential property before it can be sold and the transfer of title takes place. Penalties apply if RCDs are not fitted and the land title is transferred to another person. Where a property is intended to be demolished, the seller is not required to install RCDs at the point of sale. The buyer must provide written notice to the seller, stating that the property will be demolished within six months of transfer. If the property is not demolished within six months of transfer, the buyer must then install the required number of RCDs. If the buyer does not do so, he/she is in breach of the regulations.
I have purchased a new property and all the power and lighting circuits are not protected by two RCDs. What do I do?
Contact the previous owner and ask them to fit the RCDs to comply with the law.
If the previous owner does not arrange for the RCDs to be fitted, then send them a written request. Keep a copy of this letter.
If the previous owner fails to fit the RCDs within a reasonable time, send Building and Energy (formerly EnergySafety) a copy of the letter requesting the previous owner to fit the RCDs, a copy of the title for the property (showing the date of transfer of the title) and a photograph of the main switchboard (where the RCDs should be located).
Complaints can be sent via email to be.info@dmirs.wa.gov.au or by post to Locked Bag 100, East Perth WA 6892.
Once Building and Energy receives this information, we will arrange for the relevant Network Operator to inspect the installation and if RCDs are required to be fitted, issue an Order.
Following the issue of an Order you must fit the RCDs. You can also seek reimbursement of the cost but this is a civil matter between the owners.
Building and Energy will investigate your complaint.