Western Australian Numbered Acts Western Australian Numbered Acts After Part VIII
the following Part is inserted —
“
Part IX — Smoke alarms in buildings
(1) This Part does not
apply to a building that is in a district or part of a district to which
Part XV is declared under section 373(2) not to apply.
(2) This Part does not
apply to a building to which Part XV is prevented by section 373(3)
or (3a) from applying.
(3) The application of
this Part is not limited to buildings constructed after, or on which building
work is done after, the coming into operation of the Local Government
(Miscellaneous Provisions) Amendment (Smoke Alarms) Act 2007 .
247. Local laws may require smoke alarms
(1) Local laws may be
made under the Local Government Act 1995 for the purpose of ensuring
that, in prescribed circumstances, a prescribed building has any smoke alarm
that is needed to satisfy prescribed requirements.
(2) The power given by
subsection (1) includes the power to —
(a)
impose on a person an obligation for the purpose of ensuring that any smoke
alarm needed is fitted or maintained;
(b) in
circumstances in which a person has failed to fit or maintain a smoke alarm in
accordance with an obligation imposed under this section —
(i)
impose on another person an obligation to fit or maintain
a smoke alarm;
(ii)
authorise a local government to do things reasonably
necessary to ensure that a smoke alarm is fitted or maintained;
(c) give
a person who fits or maintains a smoke alarm in accordance with an obligation
imposed under paragraph (b)(i) or as authorised under
paragraph (b)(ii) a right to recover the amount of the reasonably
incurred costs as if it were for a debt due from a prescribed person.
248. Regulations may require smoke alarms
Regulations under the
Local Government Act 1995 section 9.60 may deal with a matter
specified in section 247 as if that matter were specified in
Schedule 9.1 to that Act.
”.
By
Authority: JOHN A. STRIJK, Government Printer