Western Australian Current Regulations Western Australian Current Regulations (1) This regulation
amends the Building Regulations 2012 .
(2) In
regulation 55(1) insert in alphabetical order:
short‑term rental accommodation has the
meaning given in the Short‑Term Rental Accommodation Act 2024
section 3;
(3) At the beginning
of regulation 58 insert:
(1) This regulation
applies to a dwelling if either or both of the following conditions are
satisfied —
(a) the
dwelling is rented, or made available for rent, under a residential tenancy
agreement;
(b) the
dwelling is, or is made available as, short‑term rental accommodation.
(4) In
regulation 58 delete “The owner of a dwelling rented under a
residential tenancy agreement, or made available for such rent,” and
insert:
(2) The owner of the
dwelling
(5) In
regulation 58 delete the Penalty and insert:
Penalty for this subregulation: a fine of
$5 000.
(6) In
regulation 60(1) in the definition of relevant day after
paragraph (b) insert:
(ba) in
relation to a dwelling that is short‑term rental accommodation, means
the day on which a person is entitled to enter into occupation of the dwelling
under a short‑term rental arrangement (as defined in the
Short‑Term Rental Accommodation Act 2024 section 4(1));
(7) Delete
regulation 60(2)(b) and insert:
(b) each
smoke alarm necessary to meet those requirements —
(i)
if an expiry date is provided on the alarm —
has not reached that expiry date; or
(ii)
if no expiry date is provided on the alarm —
was installed less than 10 years before the relevant day;
and
(8) Delete
regulation 62 and insert:
62. Requirement to maintain certain smoke alarms
(1) This regulation
applies to a person who is one or more of the following —
(a) the
lessor (as defined in the Residential Tenancies Act 1987 section 3)
of a dwelling;
(b) the
owner of a dwelling that is, or is made available as, short‑term rental
accommodation;
(c) the
owner of a dwelling that is hired or made available for hire.
(2) The lessor or
owner must, to the extent practicable, ensure that each smoke alarm installed
in the dwelling is in working order.
Penalty for this subregulation: a fine of
$5 000.
(3) If a smoke alarm
installed in the dwelling was, at the time of its installation, required to be
connected to the mains power supply, the lessor or owner must, to the extent
practicable, ensure that the alarm is permanently connected to the mains power
supply.
Penalty for this subregulation: a fine of
$5 000.
(4) If a smoke alarm
installed in the dwelling was, at the time of installation, not required to be
connected to the mains power supply, the lessor or owner must, to the extent
practicable, ensure that the alarm has a 10 year life battery that cannot
be removed.
Penalty for this subregulation: a fine of
$5 000.
(5) If an expiry date
is provided on a smoke alarm installed in the dwelling, the lessor or owner
must, to the extent practicable, ensure that the alarm has not reached that
expiry date.
Penalty for this subregulation: a fine of
$5 000.
(6) If no expiry date
is provided on a smoke alarm installed in the dwelling, the lessor or owner
must, to the extent practicable, ensure that the alarm is not more than
10 years old.
Penalty for this subregulation: a fine of
$5 000.