UNDERSTAND THE LAW in NSW
Under Division 7A of Part 9 of the Environmental Planning and Assessment Regulation 2000, smoke alarms must be installed in all buildings in NSW where people sleep. The smoke alarms must meet the requirements of Australian Standard AS 3786, Smoke Alarms. These provisions came into effect on 1 May 2006.
NSW legislation provides for a minimum level of protection; however, Fire and Rescue NSW recommends owners and occupants consider higher levels of protection. Click here for more information from Fire + Rescue NSW
From 23 March 2020, all NSW landlords will need to ensure that smoke alarms installed in the rented property are in working order. A penalty will apply for landlords who fail to comply.
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The details on when a landlord must repair or replace a battery-operated or hardwired smoke alarm, and when a tenant may repair or replace a smoke alarm, is in the new Regulation. The existing provision that allows landlords to enter the property without consent has been extended to specifically include inspecting or assessing the need for repairs to, or replacement of, a smoke alarm if proper notice has been given to the tenant. Click here for more information from NSW Fair trading
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Regulations place the responsibility of smoke alarm compliance on the property owner.
Property managers (as the owner’s agent) accept contractual responsibility for ensuring that smoke alarms are installed and maintained on the residential premises. Failure of a property manager to satisfy that contractual obligation could have disastrous consequences including loss of life, negligence claims and potential litigation
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Property managers are generally not appropriately qualified or trained to ensure total smoke alarm compliance. The Real Estate Institute of NSW recommends that appropriately qualified professionals are used to ensure smoke alarm compliance, which should assist in satisfying a property manager’s contractual obligations
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Click here for more information from Real Estate Institute of NSW
WINDOW COVERINGS - Blinds and Cord safety
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There are two national mandatory standards that apply to blind and curtain cord safety. These standards set out the installation and labelling requirements suppliers must adhere to when selling and installing corded blinds and curtains.
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Window coverings (such as curtains, shades and blinds) with cords and chains can cause injury and death to young children and babies if they become wrapped around their necks.
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Strangulation can occur when cords are too long or end in a loop:
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If a child slips, moves quickly or plays with a cord, the cord can act like a noose.
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Babies can reach through cot slats, grab a nearby blind or curtain cord and pull it into the cot and around their necks.
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Young children can strangle on dangling cords after climbing onto a bed or other pieces of furniture.
It is important for home owners and landlords to maintain corded window coverings to prevent injuries or death and the potential for future litigation.
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