Tasmanian smoke alarm regulations have recently been updated. Here is everything you need to know to maintain 100% compliance in your rental properties.
Introduced on 26 December 2022, the Residential Tenancy (Smoke Alarms) Regulations 2022 are a revision on the now superseded 2012 regulations.
The update is mandated in Tasmanian legislation but was an opportunity for the Tasmanian government to seek input from industry leaders during the drafting phase.
As a leader in smoke alarm compliance in Australia, Detector Inspector submitted input and recommendations, based on experience managing state-based legislative changes over the past 17 years.
What are the regulations?
The Residential Tenancy (Smoke Alarms) Regulations detail owner’s obligations in installing, maintaining and ensuring smoke alarm compliance to keep tenants safe.
The regulations are enforced at all tenanted premises to which the Residential Tenancy Act 1997 (Tas) applies.
In summary your smoke alarm compliance obligations under the Residential Tenancy Act 1997 (Tas) includes ensuring that smoke alarms must be:
- Installed in every corridor associated with a bedroom and on any other storey that does not contain a bedroom;
- Hard-wired or fitted with a 10-year, non-removable, lithium battery;
- Tested by the first day of a new tenancy; and
- Maintained in working order.
What has changed?
The 2022 revision of these regulations have seen minor changes, primarily focused around simplifying language and improving understanding and accessibility for readers.
As a trusted compliance partner, we monitored the amendments very closely and reached out to the Department of Justice to confirm the viability of our smoke alarm service in relation to the new regulations.
Specifically, we found one new clause that appeared to have two possible interpretations.
Residential Tenancy (Smoke Alarms) Regulations 2022 (Tas) cl 15
‘For the purposes of section 36D(1) of the Act, the owner of tenanted premises must ensure that any smoke alarm on, or associated with, the premises has been tested on the first day of each relevant period in respect of the tenanted premises.’
We considered two possible interpretations of the clause and sought clarification from the Department of Justice on which was correct.
- That a property must have been tested by the first day of a new tenancy, OR
- That a property must be tested on the first day of a new tenancy.
We were pleased to be advised that the first interpretation was correct, meaning the expectation for a new tenancy is that owners have arranged everything necessary to comply with the law prior to the start of a new tenancy.
Ultimately, thanks to this confirmation, we are confident in the compliance of all Detector Inspector serviced properties and that our current service meets all amended regulations.
For current Tasmanian Detector Inspector clients, it is important to note that no actions are required, and your clients with properties enrolled in our service have met their obligations.
