Residential Tenancy (Smoke Alarms) Amendment Regulations 2014


Tasmanian Crest
Residential Tenancy (Smoke Alarms) Amendment Regulations 2014

I, the Lieutenant-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 .

1 July 2014

A. M. BLOW

Lieutenant-Governor

By His Excellency's Command,

Dr. Vanessa Goodwin

Minister for Justice

1.   Short title

These regulations may be cited as the Residential Tenancy (Smoke Alarms) Amendment Regulations 2014 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Residential Tenancy (Smoke Alarms) Regulations 2012 are referred to as the Principal Regulations.

4.    Regulation 6 amended (All smoke alarms to comply with either AS 3786 or AS 1670.1-2004)

Regulation 6 of the Principal Regulations is amended as follows:
(a) by inserting in subregulation (1) "either" after "comply with";
(b) by inserting in subregulation (1) "or with Australian Standard 1670.1-2004 Fire detection, warning, control and intercom systems – System design, installation and commissioning – Fire, as in force from time to time" after "to time";
(c) by inserting the following subregulation after subregulation (2) :
(3)  A smoke alarm that, when it was first installed in tenanted premises, complied with Australian Standard 1670.1-2004 Fire detection, warning, control and intercom systems – System design, installation and commissioning – Fire, as in force at the time the smoke alarm was installed, is to be taken to comply with subregulation (1) in relation to the premises for so long as it is maintained in accordance with Australian Standard 1851 – 2012 Maintenance of fire protection systems and equipment, as in force from time to time.

5.    Regulation 17 amended (Owner to ensure alarm functions at beginning of tenancy)

Regulation 17 of the Principal Regulations is amended as follows:
(a) by omitting from subregulation (1) "is to" and substituting "must";
(b) by omitting from subregulation (2) "is to" and substituting "must";
(c) by omitting from subregulation (3) "is to" and substituting "must";
(d) by inserting the following subregulation after subregulation (3) :
(4)  An owner of tenanted premises must ensure that a smoke alarm that, at any time after it was installed in the premises, complied with Australian Standard 1670.1-2004 Fire detection, warning, control and intercom systems – System design, installation and commissioning – Fire is maintained in accordance with Australian Standard 1851 – 2012 Maintenance of fire protection systems and equipment, as in force from time to time.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 9 July 2014

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Residential Tenancy (Smoke Alarms) Regulations 2012 by prescribing an Australian Standard with which a smoke alarm that is required to be in place in tenanted premises may comply and the requirements for maintenance of such a smoke alarm.