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Smoke Alarms in Strata Buildings: Whose Responsibility Are They?

Smoke alarms are an essential safety feature in any building, but when it comes to strata properties, there can be confusion about who is responsible for their installation, maintenance, and certification. Is it the responsibility of individual lot owners, or does it fall to the owners corporation? Let’s break it down to ensure your strata building remains compliant and safe for everyone.

Who is Responsible for Smoke Alarms in Strata Buildings?

In strata buildings, understanding who is responsible for smoke alarm maintenance depends on the location and type of smoke alarm:

  1. Inside Individual Lots:
    • Smoke alarms located within individual apartments, units, or townhouses are generally the responsibility of the lot owner. Lot owners are required to install, maintain, and test these smoke alarms, ensuring compliance with relevant legislation.
    • Did you know that if your building submits an Annual Fire Safety Statement (AFSS) to the Council, your unit’s smoke alarms might already be covered? If smoke alarms are included in your building’s Fire Schedule, the owners corporation is responsible for maintaining and repairing them. However, it’s worth noting that any repair costs might be on-charged to individual lots. If you are unsure, please ask your strata manager.
    • If you are a landlord, there may be responsibilities under the Residential Tenancy Act that you (or your agent) may need to adhere to separately.
  1. Hardwired Smoke Alarms:
    • If a smoke alarm within a lot is hardwired into the building’s electrical system, it becomes part of the common property. In this case, the owners corporation is responsible for maintaining and replacing the hardwired smoke alarm to ensure it remains compliant and functional.
  2. Common Areas:
    • Smoke alarms installed in shared areas, such as hallways, stairwells, or foyers, are the responsibility of the owners corporation. Regular testing and maintenance must be carried out to comply with fire safety regulations.

Practical Steps for Compliance

  • Lot owners should regularly check and replace batteries in standalone smoke alarms.
  • For hardwired smoke alarms, report any issues to the owners corporation or strata manager to ensure timely maintenance.
  • The owners corporation should engage qualified professionals to perform regular testing and maintenance of hardwired and common area smoke alarms.

What Should Lot Owners Do to Obtain a Certificate for Their Smoke Alarm?

If you require a certificate of compliance for the smoke alarm located within your lot (that is not hardwired), you should follow these steps:

  1. Engage a Licensed Fire Safety Practitioner: Hire a qualified professional to inspect, test, and certify that the smoke alarm meets the relevant safety standards.
  2. Ensure Compliance: The smoke alarm must comply with the Building Code of Australia (BCA) and any state-specific legislation, such as NSW smoke alarm requirements for residential buildings.
  3. Request a Certificate: Once the smoke alarm has been inspected and tested, the fire safety practitioner can issue a certificate of compliance for your records (at your own cost).
  4. Keep Records: Retain a copy of the certificate for your own records, as it may be needed when leasing or selling the property or for peace of mind in ensuring your home’s fire safety compliance.

Please note: While some buildings may submit an Annual Fire Safety Statement (AFSS) to the council, our office does not believe this alone fulfills a landlord’s obligations under the Residential Tenancies Act 2010 (RTA).

The AFSS certifies that the building as a whole complies with fire safety standards. However, it does not serve as a compliance certificate for individual units, including their smoke detectors.  Landlords have specific responsibilities that often extend beyond the obligations placed on the owners corporation.

 

Certification and the Annual Fire Safety Statement (AFSS)

In addition to ensuring smoke alarms are functional, strata buildings must adhere to certification requirements under the AFSS. This legal document verifies all fire safety measures meet the standards outlined in the building’s fire safety schedule.

What is the AFSS?

The AFSS is an annual document that confirms:

  • All fire safety measures, such as smoke alarms, sprinklers, and fire doors, are operational and meet compliance requirements.
  • The fire safety inspection and certification were conducted by a qualified professional.

How Does Smoke Alarm Certification Work?

For the AFSS to be valid, smoke alarms that fall under the responsibility of the owners corporation must:

  1. Be tested and certified by a licensed fire safety practitioner.
  2. Meet the standards of the Building Code of Australia (BCA) and any state-specific requirements.
  3. Be inspected annually for functionality and compliance.

Failure to maintain smoke alarms and provide a compliant AFSS can result in significant penalties and increased risks for residents.