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BUILDING REGULATIONS 2012 - REG 60

BUILDING REGULATIONS 2012 - REG 60

60 .         Requirements for smoke alarms

        (1)         In this regulation —

        relevant day  —

            (a)         in relation to a dwelling the ownership of which is transferred, means the day on which the owner transfers the ownership of the dwelling;

            (b)         in relation to a dwelling that is rented under a residential tenancy agreement, means the day on which a person is entitled to enter into occupation of the dwelling under the agreement;

            (c)         in relation to a dwelling that is made available for hire, means the day on which the building is hired.

        (2)         The requirements for the purposes of regulations 56(1)(a), 57(1)(a), 58(a) and  59(a) are that —

            (a)         the dwelling meets the requirements of the deemed‑to‑satisfy provisions about smoke alarms or smoke hazard management (other than the provisions about evacuation lighting) of the Building Code applicable at the time of installation of the alarms; and

            (b)         each smoke alarm necessary to meet those requirements was installed less than 10 years before the relevant day; and

            (c)         each smoke alarm referred to in paragraph (b) is in working order; and

            (d)         if a smoke alarm referred to in paragraph (b) was, at the time of its installation, required to be connected to the mains power supply to meet those requirements —

                  (i)         the alarm is permanently connected to the mains power supply; or

                  (ii)         if the alarm is to be installed at a location in the dwelling where there is no hidden space in which to run the necessary electrical wiring and there is no appropriate alternative location — the alarm has a 10 year life battery that cannot be removed; or

                  (iii)         if, in relation to the alarm, the use of a battery powered smoke alarm has been approved under regulation 61 — the alarm has a 10 year life battery that cannot be removed.

        (3)         For the purposes of subregulation (2)(a), if the dwelling has 2 or more smoke alarms installed and they were not all installed at the same time, the provisions of the Building Code applicable to the dwelling and the alarms are the provisions applicable at the time that the last alarm necessary to meet the requirements referred to in subregulation (2)(a) and (b) was installed.

        (4)         Despite subregulation (2)(a) a dwelling is not required to meet a provision of the Building Code applicable at the time of installation of the alarms that requires smoke alarms to be interconnected if —

            (a)         a building licence for the construction, erection, assembly or placement of the dwelling was issued under the Local Government (Miscellaneous Provisions) Act 1960 before commencement day; or

            (b)         a building permit for the construction, erection, assembly or placement of the dwelling was granted on an application for a building permit made before 1 May 2015; or

            (c)         a building permit or a building licence was not required for the construction, erection, assembly or placement of the dwelling and the construction, erection, assembly or placement of the dwelling commenced before 1 May 2015.

        [Regulation 60 amended: Gazette 24 Apr 2014 p. 1140; 30 Jun 2015 p. 2329; 22 Dec 2017 p. 5973.]