Residential Tenancy (Smoke Alarms) Regulations 2022 (Tas)

Residential Tenancy (Smoke Alarms) Regulations 2022

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Residential Tenancy Act 1997 .

13 December 2022

B. BAKER

Governor

By Her Excellency's Command,

ELISE ARCHER

Minister for Workplace Safety and Consumer Affairs

PART 1 - Preliminary

1. Short title These regulations may be cited as the Residential Tenancy (Smoke Alarms) Regulations 2022 .

2. Commencement These regulations take effect on 26 December 2022.

3. Interpretation (1) In these regulations, unless the contrary intention appears – 10-year non-replaceable battery, in relation to a smoke alarm, means a battery that is integrated into the smoke alarm and is warranted by its manufacturer to function effectively in the smoke alarm for at least 10 years; Act means the Residential Tenancy Act 1997 ; alternative power supply means a power supply, including a battery, that is capable of maintaining a sufficient power supply to a smoke alarm if the principal power supply to the premises in which the smoke alarm is located is interrupted; AS 1670.1 means AS 1670.1 – Fire Detection, Warning, Control and Intercom Systems – System Design, Installation and Commissioning – Part 1: Fire; back-up battery, in relation to a smoke alarm, means a battery (including a 10-year non-replaceable battery) that – (a) operates independently of any power supply to which the smoke alarm is, or is required under these regulations to be, attached; and (b) automatically powers the smoke alarm if the power supply to the alarm is interrupted; building regulations means the Building Regulations 2016 or any regulations preceding those regulations as in force at the relevant time; expiry date, in relation to a smoke alarm or a battery, means the date specified by its manufacturer as the date on or after which the smoke alarm or battery is not warranted to work effectively; mains-powered smoke alarm means a smoke alarm – (a) that is designed to be powered principally by the power supply in respect of the premises in which the smoke alarm is located; and (b) to which an alternative power supply is connected; maintenance standard means the version of AS1851-2012 – Routine Service of Fire Protection Systems and Equipment that applies to the maintenance of a smoke alarm that complies with AS 1670.1; National Construction Code means the National Construction Code series published by the Australian Building Codes Board, as amended or substituted from time to time; power supply, in respect of premises, means – (a) a mains electricity supply that powers the premises; or (b) an alternative power supply in relation to the premises; relevant period, in relation to tenanted premises, means the period – (a) beginning on the day on which a tenant first takes possession of the premises under the residential tenancy agreement in relation to the premises; and (b) ending on the day on which all tenants under that agreement cease to be in possession of the premises under the agreement; replaceable battery means a battery other than a 10-year non-replaceable battery and a back-up battery; smoke alarm means a device, including a smoke detector installed under AS 1670.1, that is designed to emit a loud warning sound when it detects the presence of smoke; smoke alarm standard means – (a) AS 3786 – Smoke Alarms Using Scattered Light, Transmitted Light or Ionization; or (b) AS 1670.1; tenanted premises means premises to which a residential tenancy agreement relates, including any common areas of those premises. (2) In these regulations, a reference to a Class 1a, Class 1b, Class 2, Class 3 or Class 4 building is a reference to a building that is specified in the National Construction Code to be of that class.