Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016

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Part 1 Smoke alarms

Subpart 1—Landlords’ responsibilities

5 Smoke alarms to be qualifying smoke alarms and installed in certain locations: tenancies other than boarding house tenancies

(1)

The requirements set out in subclauses (4), (6), and (8) are imposed on all landlords for the purposes of section 45(1)(ba) of the Act.

(2)

The requirements must be met as at the commencement of the tenancy and at all subsequent times during the tenancy.

(3)

The requirements are subject to the following:

(a)

regulation 8(2) (which relates to hard-wired smoke alarm systems):

(b)

regulation 9(4) (which relates to tenants’ responsibilities to replace worn-out smoke alarm batteries).

(4)

Every smoke alarm that is installed at the premises must be a qualifying smoke alarm.

(5)

Subclause (6) applies to every sleeping space at the premises.

(6)

There must be at least 1 qualifying smoke alarm installed—

(a)

in the sleeping space; or

(b)

otherwise at the premises within 3 metres of the entrance (or main entrance) to the sleeping space.

(7)

Subclause (8) applies to every storey or level of the premises on which there is 1 or more habitable spaces.

(8)

There must be at least 1 qualifying smoke alarm installed on the storey or level in the habitable space or in at least 1 of the habitable spaces (as the case may be).

(9)

In this regulation, sleeping space—

(a)

means a space that is for use, or that can otherwise reasonably be expected to be used, as a bedroom or other sleeping space; but

(b)

does not include a space in a tent or similar type of shelter.