Smoke Alarms for Caravans

New Smoke Alarm Requirements for Moveable Dwellings

Introduction

In 2006 laws were introduced under the Environmental Planning and Assessment Act 1979, to require smoke alarms in existing buildings in which people sleep, where they were not already required or provided. The laws have been effective in enhancing safety and reducing loss of life in building fires. 

To further enhance fire safety in NSW, on 25 February 2011 these laws will be expanded to also require smoke alarms in new and existing moveable dwellings where people sleep - subject to a six months grace period to enable time for compliance.

What is a moveable dwelling?

The Amending Regulation defines a ‘moveable dwelling’ to include a campervan, caravan, holiday van, park van, (rigid) annexe, associated structure and any other type of van or portable device used for human habitation.

When must a moveable dwelling be provided with a smoke alarm?

Functioning smoke alarms must be provided in accordance with the Amending Regulation in new and existing moveable dwellings where people sleep.

When is a moveable dwelling not required to be provided with a smoke alarm?

A moveable dwelling is not required to be provided with a smoke alarm if a smoke alarm is already installed, or if no one sleeps in the moveable dwelling. Existing smoke alarms will be considered acceptable but only if they:

• were installed prior to 25 February 2011,
• are functional, and
• are installed in complying locations.

 What type of smoke alarm is required?

When a new smoke alarm is required to be installed it must be a functioning smoke alarm that:

• complies with Australian Standard (AS) 3786; (battery operated or hard wired) and
• is fitted with a hush button.

Note: a heat alarm cannot be installed instead of a smoke alarm in a moveable dwelling.

What is a “hush button”?

A hush button is a device fitted to a smoke alarm to silence it when there is a false (spurious) alarm and to deactivate the alarm for a temporary period (typically 15 minutes).

How many smoke alarms must be installed and where must they be located?

The number of smoke alarms required depends on the layout of the moveable dwelling. The Amending Regulation requires smoke alarms to be installed on or near the ceiling and located between that part of the dwelling in which people sleep and the remainder of the dwelling. The intent is to detect smoke before it reaches the sleeping occupants.

Example of movable dwelling layout with one sleeping area

Example of movable dwelling layout with more than one sleeping area

Who is responsible for compliance?

The owner of the moveable dwelling (not the owner of the land on which the moveable dwelling stands) is responsible for ensuring a functioning smoke alarm is always installed in a moveable dwelling in which a person sleeps. The owner of the moveable dwelling is also responsible for ensuring that faulty smoke alarms are repaired or replaced as soon as reasonably practicable after they become aware that the smoke alarm is not functioning properly.

What is the time for compliance?

The Amending Regulation provides the owner of a moveable dwelling with a six (6) month grace period after 25 February 2011 before being legally obliged to install a smoke alarm in the dwelling.

Enforcement and Penalties

The Amending Regulation includes provisions for on-the-spot fines of $200 (or fines of up to $550 if a legal challenge is upheld in court) to be issued for:

• failing to have functioning smoke alarms installed from 25 August 2011 – that is, following the six (6) month grace period; and
• interfering with the operation of a smoke alarm, or removing an existing smoke alarm unless it is to repair, maintain or replace the alarm. Note: these are recognised as offences from 25 February 2011 as no grace period applies.

(All content for this page is taken from the Department of Planning Circular 25/2/2011)