Fire Safety Act 1974 (Qld)

406 ANNO VICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE No. 43 of 1974 An Act to make provision for better securing the safety of the public from fire [ASSENTED TO 2ND MAY, 1974] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title and commencement . (1) This Act may be cited as the Fire Safety Act 1974. (2) This Act shall come into operation on a date to be appointed by Proclamation. 2. Arrangement of Act. This Act is arranged in Parts as follows: PART I-PRELIMINARY (SS. 1-5); PART 11-NEW PREMISES (ss. 6-il); PART III-EXISTING PREMISES (SS. 12-17); PART IV-PROVISIONS GOVERNING CERTIFICATES OF APPROVAL AND USE OF PREMISES (SS. 18-29); PART V-RIGHT OF APPEAL ON MATTERS UNDER ACT (ss. 30-34); PART VI-MISCELLANEOUS PROVISIONS (ss. 35-50).

Fire Safety Act 1974, No. 43 407 3. Premises exempt from or partially affected by Act. (1) This Act does not apply to or in respect of- (a) premises consisting of or comprised in a house that is or is to be occupied as a single unit private dwelling; (b) premises consisting of or comprised in a place to which the provisions of the Mines Regulation Act1964-1968 or any of them apply (whether or not they are varied or modified under that Act for the purpose) or to which the provisions of the Coal Mining Act1925-1969 or any of them apply, or to or in respect of any proposal to construct, alter or add to such premises. For the purpose of the application of this Act premises within a building that consists of or includes more than one single unit private dwelling shall not be taken to be a house. (2) Part III and any provision of this Act that confers on any person a right to enter or inspect premises, other than for the purposes of Part II, do not apply to or in respect of premises that are put to use as a prison within the meaning of the Prisons Act 1958-1969 but subject as aforesaid and to section 4 this Act applies to and in respect of premises that are or are to be put to such use and to and in respect. of any proposal to construct, alter or add to such premises. 4. Crown to be bound . (1) The provisions of sections 6 and 9 and of Part III, other than section 17 (2), and of regulations made with respect to matters prescribed by those provisions bind the Crown and, as regards the application of section 6 pursuant to this section, it shall be deemed that the Crown has made application to a Local Authority for the approval referred to in subsection (1) of that section when the preparation of the relevant plans of construction has been completed. (2) As regards any premises occupied by the Crown, the powers and duties of a fire safety officer and of any person acting in aid of him may be exercised and performed as prescribed by this Act subject always to any restriction imposed thereon by this Act. 5. Meaning of terms . (1) In this Act, save where the contrary intention appears- " Board " means a Fire Brigade Board constituted under and for the purposes of the Fire Brigades Act 1964-1973; " Council " means the State Fire Services Council constituted under the Fire Brigades Act 1964-1973; " fire authority " means- (a) in relation to premises (other than premises used by or on behalf of any department of the Government of the State), situated in a district constituted under and for the purposes of the Fire Brigade Act 1964-1973, the Board that has jurisdiction within that district; (b) in relation to premises excepted from provision (a) and premises situated in any other part of the State, the Council; "fire safety officer" means a person who is approved by the Council to hold an appointment as a fire safety officer and who holds such an appointment as an employee of a Board or to carry out the function of the Council as a fire authority;

408 Fire Safety Act 1974, No. 43 " Local Authority " means the Local Authority constituted under the Local Government Act 1936-1973 for any city, town or shire and includes Brisbane City Council constituted under the City ofBrisbaneAct1924-1972 in relation to the City of Brisbane; " Minister " means the Minister for Development and Industrial Affairs or other Minister of the Crown for the time being charged with the administration of this Act and includes any person who for the time being performs the duties of the Minister; " premises " means, subject to section 3, any building or structure and all parts of any building or structure. (2) For the purposes of this Act a room or floor of premises shall be taken to be below ground level or, as the case may be , above the ground floor , if the only means of access thereto, which are ordinarily used by the public or, where the public has not such access , by the persons who resort thereto is an elevator , escalator, stairway or like means. (3) The expression " ground level " when used in this Act in relation to premises or any part of premises means- (a) where there is direct access to the premises from the street or like public way , the level from which such access may be obtained by means of an entrance ordinarily used by the public; (h) where there is not such direct access to the premises , the level from which access from the street or like public way may be obtained by means of such an entrance to the building or structure that comprises or includes the premises. Where there would be more than one ground level ascertained as prescribed by this subsection the expression means the lowest such level. PART II-NEW PREMISES 6. Application for interim certificate of approval . (1) A person who after the commencement of this Act makes application to a Local Authority for its approval of (a) the construction of new premises; (b) the alteration of existing premises; (c) additions to be made to existing premises, shall, at the time of making that application or within five days after that time, apply to the fire authority for an interim certificate of approval by a fire safety officer in respect of the proposed premises, the premises altered as proposed or, as the case may be, the premises added to as proposed. (2) An application for an interim certificate of approval shall be made in the prescribed form and shall be accompanied by the prescribed fee and, in relation thereto, the applicant- V (a) shall specify the particular use or uses of the premises that it is sought to have covered by the. interim certificate; (b) shall give such information as may be prescribed concerning the premises and any prescribed matter connected with them;

Fire Safety Act 1974, No. 43 409 (c) if the premises consist of part of a' building, shall give such information as may be prescribed concerning the rest of the building and any prescribed matter connected with it so far as such information is available to him; (d) shall furnish such plans of the premises as the fire authority requires; (e) if the premises consist of part of a building, shall furnish such plans of other parts of the building as the fire authority requires, so far as it is possible for the applicant to do so. (3) Every application duly made to the fire authority shall be referred to a fire safety officer for his consideration. 7. Fire safety officer's duty re application . (1) If the fire safety officer to whom is referred an application made under section 6 is satisfied that- (a) the means of escape in case of fire with which the premises are to be provided; and (b) the means (other than for fighting fires) with which the premises are to be provided for securing that the means of escape referred to in provision (a) can be safely and effectively used at all material times; and (c) the means for fighting fire (whether in the premises or affecting the means of escape) with which the premises are to be provided for use in case of fire by persons in the premises; and (d) the means with which the premises are to be provided for giving to persons in the premises warning in case of fire are such as may reasonably be required in connexion with the use or uses, specified in the application, of the premises, the fire safety officer shall issue an interim certificate of approval covering that use or those uses but if he is not so satisfied in respect of those means he shall refuse the interim certificate of approval. (2) If the fire safety officer does not issue an interim certificate of approval to an applicant within 30 days after the application is duly made to the fire authority it shall be taken that he has refused such certificate. (3) Where the fire safety officer refuses to issue an interim certificate of approval or it is to be taken that he has refused the same he shall, by notice given to the applicant or to the applicant's agent shown on the application- (a) inform the applicant of the matter or matters in respect of which he is not so satisfied and of the steps required to be taken (whether by making alterations to the plans of the proposed premises or otherwise providing those premises with any of the means prescribed by subsection (1)) to satisfy him as prescribed; (b) notify the applicant that he will not issue an interim certificate of approval covering the use or uses specified in the notice unless those steps are duly taken.

410 Fire Safety Act 1974, No. 43 8. Scope of interim certificate . Where an interim certificate of approval is issued by a fire safety officer upon an application made under section 6 it shall be taken- (a) that the interim certificate covers the use or uses of the premises for which it was sought that is or are specified therein; and (b) that the interim certificate is issued in respect of and relates only to premises constructed according to the plans and information as furnished to the fire authority with the application or as amended with the approval of the fire safety officer who issued the interim certificate, and no other premises. 9. Application for final certificate of approval . (1) When premises to which an interim certificate of approval relates have been completed to such an extent that they are about to be put to use the owner thereof shall apply to the fire authority for a certificate of approval by a fire safety officer in respect of the premises. (2) An application for a certificate of approval shall be made in the prescribed form and shall be accompanied by the prescribed fee and shall specify the particular use or uses of the premises that it is sought to have covered by the certificate of approval. (3) Every application duly made to the fire authority shall be referred to a fire safety officer for his determination. 10. Determination of application for certificate of approval . (1) The fire safety officer to whom is referred an application made under section 9 shall inspect the premises to which the application relates and shall compare the premises constructed with the plans for premises furnished to the fire authority for the purpose of obtaining the interim certificate of approval that relates to those premises. (2) If the fire safety officer is satisfied- (a) that the premises inspected by him are as shown on the plans referred to in subsection (1); and (b) that the use or uses specified in the application for a certificate of approval are identical with the use or uses covered by the interim certificate of approval that relates to the premises, he shall issue to the applicant a certificate of approval covering that use or, as the case may be, those uses, and in any other case may issue to the applicant a certificate of approval covering that use or, as the case may be, those uses if he is satisfied that the several means referred to in provisions (a), (b), (c) and (d) of section 7 (1) with which the premises are provided are such as may reasonably be required in connexion with the use or uses specified in the application but if he is not so satisfied in respect of those means he shall refuse the certificate of approval. (3) If the fire safety officer does not issue a certificate of approval to an applicant within 30 days after the application is duly made to the fire authority it shall be taken that he has refused such certificate.

Fire Safety Act 1974, No. 43 411 (4) Where the fire safety officer refuses to issue a certificate of approval or it is to be taken that he has refused the same he shall, by notice given to the applicant or the applicant's agent shown on the application- (a) inform the applicant of the matter or matters in respect of which he is not satisfied as prescribed by subsection (2) and of the steps required to be taken (whether by making alterations to the premises or otherwise providing the premises with any of the means referred to in section 7 (1) to satisfy him as prescribed by subsection (2); (b) notify the applicant that he will not issue a certificate of approval covering the use or uses specified in the notice unless those steps are duly taken. (5) Where the fire safety officer refuses to issue a certificate of approval or upon the expiration of the 30 days specified in subsection (3) in the circumstances referred to in that subsection any interim certificate of approval 'slued by a fire safety officer upon an application made with a view to the erection of the premises in respect of which the certificate of approval is sought shall, upon such refusal or expiration, be deemed to have been revoked. 11. Use of new premises subject to certificate of approval. (1) A person who uses premises or part of premises, being the product of a construction, alteration or addition in respect of which an interim certificate is required by section 6, save where there exists in relation to those premises or, as.the case may be, that part a certificate of approval issued by a fire safety officer covering that use, commits an offence against this Act, which shall be deemed a continuing offence, and is liable to a penalty of $500.00 for each day of every period during which he commits the offence. A person may be prosecuted for an offence defined in this subsection from time to time in respect of any period selected by the complainant provided that he shall not be twice punished in respect of the same period or any part of the same period. (2) In any proceeding relating to an offence defined in subsection (1) a document purporting to be a certificate of the town or shire clerk of the Local Authority whose Area includes the place of commission of the offence as to the making of an application to the Local Authority concerning the construction or alteration of premises or the making of additions to premises (being, in any case, the premises the use whereof or of a part whereof constitutes the offence alleged) and as to the date of that application shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein. PART III-EXISTING PREMISES 12. Application of Part . (1) The provisions of this Part apply in respect of premises and all parts of premises whether erected before or after the commencement of this Act and whether or not Part II applies in respect thereof. (2) Where there exists in relation to any premises or part of premises a certificate of approval issued pursuant to Part II covering a use that is a use declared under this Part, a person shall not incur any

412 Fire Safety Act 1974, No. 43 liability for a contravention of or failure to comply with any provision of this Part on account of that use of those premises or, as the case may be, that part. 13. Declaration of uses of premises . (1) The Governor in Council on the recommendation of the State Fire Services Council may, by Order in Council, declare a particular use of premises or a use of a description specified therein being in either case a use of premises of a type specified in the schedule to be a designated use of premises for the purposes of this Act. In declaring a use to be a designated use of premises for the purposes of this Act the Governor in Council may so declare the use in respect of all premises of a type so specified put to that use or in respect only of such premises that are of a description specified in the declaration in which latter case the use so declared shall be a designated use only in respect of premises of the description so specified. (2) In an Order in Council whereby he declares a designated use the Governor in Council shall specify a date to be the prescribed date in relation to that designated use for the purposes of this Part. (3) Where in this Part reference is made to the expression " prescribed date " in connexion with a use of premises that is a designated use it shall be construed as a reference to the date specified, in the Order in Council whereby that designated use was declared, to be the prescribed date in relation to that designated use. 14. Certificate of approval after prescribed date. (1) A person who puts premises to a designated use on or after the prescribed date, save where there exists in relation to those premises a certificate of approval issued by a fire safety officer covering that use, commits an offence against this Act, which shall be deemed a continuing offence, and is liable to a penalty of $500.00 for each day of every period during which he commits the offence. A person may be prosecuted for an offence defined in this subsection from time to time in respect of any period selected by the complainant provided that he shall not be twice punished in respect of the same period or any part of the same period. (2) A person does not commit an offence defined in subsection (1) by reason of premises being put to a designated use at a time after an application for a certificate of approval of a fire safety officer in respect of those premises covering that use has been duly made and before the certificate is granted or refused. 15. Application for certificate of approval . (1) An application for a certificate of approval for the purposes of this Part shall be made to the fire authority in the prescribed form and shall be accompanied by the prescribed fee and, in relation thereto, the applicant- (a) shall specify the particular use or uses of the premises that it is sought to have covered by the certificate; (b) shall give such information as may be prescribed concerning the premises and any prescribed matter connected with them;

Fire Safety, Act 1974, No. 43 413 (c) if the premises consist of part of a building, shall give such information as may be prescribed concerning the rest of the building and any prescribed matter connected with it, so far as such information is available to him; (d) shall furnish such plans of the premises as the fire authority requires; (e) if the premises consist of part of a building, shall furnish such plans of other parts of the building as the fire authority requires, so far as it is possible for the applicant to do so. (2) Every application duly made to the fire authority shall be referred to a fire safety officer for his consideration. 16. Determination of application for certificate of approval . (1) The fire safety officer to whom is referred an application made for the purposes of this Part shall inspect the premises to which the application relates and, if he is satisfied that the several means referred to in provisions (a), (b), (c) and (d) of section 7 (1) with which the premises are provided are such as may reasonably be required in connexion with the use or uses specified in the application, may issue to the applicant a certificate of approval covering that use or, as the case may be, those uses but if he is not so satisfied in respect of those means he shall refuse the certificate of approval. (2) Where the fire safety officer refuses to issue a certificate of approval he shall, by notice given to the applicant or to the applicant's agent shown on the application- (a) inform the applicant of the matter or matters in respect of which he is not satisfied as prescribed by subsection (1) and of the steps required to be taken (whether by making alterations to the premises or otherwise providing the premises with any of the means referred to in section 7 (1) to satisfy him as prescribed by subsection (2); (b) notify the applicant that he will not issue a certificate of approval covering the use or uses specified in the notice unless those steps are duly taken. 17. Notice to occupier of premises put to designated use. (1) The fire authority may give to an occupier of premises that are put to a designated use a notice in writing, (a) identifying the premises to which it relates; (b) informing the occupier that his use of the premises is a designated use; and (c) requiring the occupier to make application for a certificate of approval in respect of those premises in accordance with section 15. (2) A person to whom notice referred to in subsection (1) is duly given shall comply with the notice within 30 days of its date. Penalty: $500.00.

414 Fire Safety Act 1974, No. 43 PART IV-PROVISIONS GOVERNING CERTIFICATES OF APPROVAL AND USE OF PREMISES 18. Contents of certificates of approval . (1) A certificate of approval issued by a fire safety officer in relation to any premises shall specify- (a) the use or uses of the premises covered by the certificate; (b) the means of escape in case of fire with which the premises are provided; (c) the means (other than means for fighting fire) with which the building or structure that comprises or includes the premises is provided for securing that the means of escape with which the premises are provided can be safely and effectively used at all material times; (d) the type, number and location of the means for fighting fire (whether in the premises or affecting the means of escape) with which the building or structure that comprises or includes the premises is provided for use by persons in the building in case of fire; and (e) the type, number and location of the means with which the building or structure that comprises or includes the premises is provided for giving to persons in the premises warning in case of fire, and may, where appropriate, do so by means of or by reference to a plan. (2) A certificate of approval issued by a fire safety officer in relation to any premises may impose such requirements as the officer thinks fit- (a) for securing that the means of escape in case of fire with which the premises are provided are properly maintained and kept free from obstruction; (b) for securing that the means referred to in provisions (c), (d) and (e) of subsection (1) with which the building or structure that comprises or includes the premises is provided are properly maintained; (c) for securing that persons employed to work in the premises receive appropriate instruction and training in what to do in case of fire, and that records are kept of instruction or training given for that purpose; (d) for limiting the number of persons who may be in the premises at any one time; and (e) as to other precautions to be observed in the building or structure that comprises or includes the premises in relation to the risk, in case of fire, to persons in the premises. (3) Any requirement imposed pursuant to subsection (2) by a certificate of approval issued by a fire safety officer in relation to any premises- (a) may, so far as they apply to the premises, be framed either so as to apply to the whole of the premises or so as to apply to one or more parts of them ; and

Fire Safety Act 1974, No. 43 415 (b) where the premises do not constitute the whole of the building or structure that includes them, may be framed either so as to apply to the whole of the rest of the building or structure or so as to apply to one or more parts of the rest of the building or structure, and in any case different requirements may be imposed in relation to different parts. (4) Where a certificate of approval issued by a fire safety officer in relation to any premises covers more than one use of the premises it may, pursuant to subsection (2), impose different requirements in relation to different uses of the premises or of any part of the premises. 19. Persons obliged by requirements of certificate . (1) So far as a requirement imposed by a certificate of approval issued by a fire safety officer in relation to any premises requires anything to be done or not to be done to or in respect of any part of the building or structure that comprises or includes the premises the person responsible for any contravention thereof or failure to comply therewith is the occupier of that part subject always to any provision of the certificate of approval made pursuant to subsection (2). (2) Where a fire safety officer thinks it appropriate in the circumstances that any person other than the occupier of any part of the building or structure that comprises or includes premises to which the certificate of approval relates should be responsible for any contravention of or failure to comply with any requirement imposed by the certificate, either in addition to or instead of the occupier, he may so provide in the -certificate and the person or persons provided for shall be so responsible accordingly. Where a certificate of approval covers more than one use of the premises to which it relates the fire safety officer, in the exercise of the power conferred by this subsection may make different provision therein in respect of different uses of the premises. 20. Restriction on officer's power under s. 19 (2). (1) Subject to this section, a fire safety officer- (a) shall not make provision in a certificate of approval so as to make a person responsible pursuant to section 19 (2) for contravention of or failure to comply with a requirement imposed by the certificate or so amend a certificate of approval as to have that effect unless, in either case, he has first consulted with the person proposed to be made responsible in relation thereto; (b) shall not amend a certificate of approval so as to vary any requirement imposed by it where a person already responsible pursuant to section 19 (2) for contravention of or failure to comply with that requirement is to continue to be so responsible after the variation is made unless he has first consulted with that person in relation thereto, but a failure by a fire safety officer to comply with this subsection shall not invalidate or affect the certificate of approval in question or affect the responsibility of any person for contravention of or failure to comply with any requirement thereof.

416 Fire Safety Act 1974, No. 43 (2) Where a fire safety officer proposes to issue a new certificate of approval in relation to any premises in lieu of an existing certificate of approval and the new certificate would have the effect of imposing without material variation a requirement imposed by the existing certificate and of continuing the responsibility of any person already responsible under the existing certificate for contravention of or failure to comply with that requirement the fire safety officer is not required to consult with that person by reason only of those facts. 21. Notification of certificates of approval . Every certificate of approval, when issued by a fire safety officer, shall be given to the applicant therefor and where any person other than the applicant is, pursuant to section 19 and the provisions of the certificate, responsible for contravention of or failure to comply with any requirement imposed by the certificate, a copy of the certificate shall be given to each such person. 22. Offences concerning certificates of approval . (1) A person shall not- (a) make a document that purports to be a certificate of approval issued by a fire safety officer; (b) amend a certificate of approval issued by a fire safety officer, unless he is a fire safety officer acting in the performance of his duty for the purposes of this Act. Penalty: $500.00. (2) A person who uses premises in relation to which there exists a certificate of approval covering that use issued by a fire safety officer shall at all times keep the certificate so exhibited in the premises as to be readily accessible to all persons resorting to the premises. (3) A person, being one responsible for contravention or failure to comply with a requirement imposed by a certificate of approval issued by a fire safety officer, who contravenes or fails to comply with that requirement commits an offence against this Act, which shall be deemed a continuing offence, and is liable to a penalty of $500.00 for each day of every period during which he commits the offence. A person may be prosecuted for an offence defined in this subsection from time to time in respect of any period selected by the complainant provided that he shall not be twice punished in respect of the same period or any part of the same period. 23. Inspection of premises . (1) So long as a certificate of approval issued by a fire safety officer is in force in relation to any premises the fire authority may cause any part of the building or structure that comprises or includes the premises to be inspected at any reasonable time by a fire safety officer or any other person authorized by the fire authority for the purpose of ascertaining whether there has been a change in the condition of any part of that building or structure by reason of which any of the means referred to in section 7 (1) have become inadequate in respect of any use of the premises covered by the certificate. (2) For the purpose of carrying out an inspection under subsection (1) the fire safety officer or other authorized person may enter (without further authority than this subsection) any part of the building or

Fire Safety Act 1974. No. 43 417 structure in question but in relation to any part used exclusively for purposes of residence the powers conferred by this subsection are subject to the inspector ' s giving to the occupier of that part at least 24 hours' notice of his intention to inspect that part for the purposes of this Act. 24. Notice re alteration of premises or re keeping explosives . (1) If, while a certificate of approval issued by a fire safety officer is in force in relation to any premises- (a) it is proposed to make material alterations or additions to the premises; or (b) it is proposed to make a material alteration to the internal arrangement of the premises or in the furniture, furnishings or equipment with which the premises are provided; or (c) the occupier of the premises proposes to keep explosive or highly flammable material of a prescribed kind under, in or on the building or structure that comprises or includes the t premises in a quantity or aggregate quantity that is greater than the maximum quantity prescribed for the purposes of this section in relation to material of that kind, the occupier shall give notice of the proposal to the fire authority before he begins to carry out the proposal. Such notice shall be referred to a fire safety officer. (2) An occupier of premises in relation to which a certificate of approval issued by a fire safety officer is in force who begins to carry out a proposal referred to in subsection (1) without duly giving notice of the proposal as prescribed by that subsection commits an offence against this Act. Penalty: $500.00. (3) If the fire safety officer to whom a notice given under subsection (1) is referred is satisfied, as regards premises in respect of which a notice under subsection (1) is given to the fire authority, that the carrying out of the proposal notified would have the result that any of the means referred to in section 7 (1) would become inadequate in respect of a use of the premises covered by the certificate of approval he may by notice given to the occupier of the premises within 30 days from his receipt of the occupier's notice- (a) inform the occupier of the steps that would have to be taken in respect of the premises (whether by making alterations thereof or additions thereto) to prevent the means from becoming in his opinion inadequate in respect of that use in the event of the carrying out of the proposal; and (b) give the occupier such directions as he considers appropriate for securing, as regards any of the proposals specified in the directions, that that proposal, or any stage of it specified in the directions, is not carried out until such of the steps referred to in provision (a) as are specified in the directions in relation to that proposal or stage have been taken (whether by the occupier or by any other person), and if -those steps are duly taken in connexion with the carrying out of the proposal the fire safety officer shall amend the certificate of approval issued in relation to the premises or, as he thinks fit, issue a fresh certificate of approval in relation to the premises. 14

418 Fire Safety, Act 1974, No. 43 (4) Where a proposal in respect of which notice is given under subsection (1) or any stage of the proposal is carried out and in the carrying out thereof a direction given under subsection (3) that relates to that proposal or, as the case may be, that stage is contravened or is not complied with then- (a) the occupier of the premises in question commits an offence against this Act and is liable to a penalty of $500.00; (b) the fire authority may cancel the certificate of approval issued by a fire safety officer in relation to the premises in question (whether or not proceedings are taken for an offence constituted thereby) whereupon the certificate of approval shall cease to be in force. 25. Notice re keeping explosives by person other than occupier of premises . (1) Where premises in relation to which a certificate of approval issued by a fire safety officer is in force comprise a part only of any building or structure, then if any person other than the occupier of those premises, who pursuant to section 19 (2) is responsible for contravention or failure to comply with any requirement imposed by the certificate of approval proposes to keep explosive or highly flammable material of a prescribed kind under, in or on the building or structure in a quantity or aggregate quantity that is greater than the maximum quantity prescribed for the purposes of this section that person shall give notice to the fire authority before he begins to carry out the proposal. Such notice shall be referred to a fire safety officer. (2) A person required by subsection (1) to give notice to a fire authority who begins to carry out a proposal referred to in that subsection without duly giving notice of the proposal as prescribed by that subsection commits an offence against this Act. Penalty: $500.00. 26. Changed conditions requiring amended or fresh certificate. (1) If the fire safety officer of any fire authority is satisfied (whether as a result of an inspection made under section 23, or of a notice given under section 25, or otherwise) that as regards any premises in relation to which a certificate of approval issued by a fire safety officer is in force any of the means referred to in section 18 (1) has, in consequence of a change of conditions, become inadequate in respect of any use of the premises covered by the certificate, he may by notice given to the occupier of the premises- (a) inform him of that fact and of the steps that would have to be taken in respect of the premises or of the equipment or furniture with which the premises are provided (whether by making alterations or additions to the structure of the premises or otherwise) to make the means in question adequate, in his opinion, in respect of that use; and (b) notify him that if those steps are not taken within the period specified in the notice the certificate of approval may be cancelled.

Fire Safety Act 1974, No. 43 419 (2) If the steps notified to an occupier of premises in a notice given under subsection (1) are duly taken the fire safety officer shall, if necessary, either amend the certificate of approval in force in relation to the premises in question or issue a fresh certificate of approval in relation to those premises. (3) If the steps notified to an occupier of premises in a notice given under subsection (1) are not duly taken within the period specified in the notice or within such extended period as is allowed by the fire safety officer who gave the notice (such extended period not exceeding in any case a period equal to the period specified in the notice in the first instance) any fire safety officer may cancel the certificate of approval in force in relation to the premises in question or, if the certificate covers two or more uses of the premises, may either cancel the certificate or amend it so as to remove from those uses one or more of them and, in the case of such removal, may make in the certificate all such further amendments as he thinks fit in connexion with the removal of the use or uses in question. 27. Amended or fresh certificate made desirable in other circumstances. If the fire safety officer of any fire authority is satisfied that, as regards any premises in relation to which a certificate of approval issued by a fire safety officer is in force, it would in consequence of a change in circumstances be appropriate to amend the certificate for any of the following purposes, that is to say- (a) to vary or revoke any requirement imposed by the certificate pursuant to section 18 (2); (b) to add to the requirements so imposed by the certificate; (c) to alter the effect of the certificate as to the person or persons responsible for contravention of or failure to comply with any requirement imposed by the certificate pursuant to any provision of this Act, the fire safety officer may, subject to section 20, amend the certificate of approval as he considers appropriate for the purpose or issue a fresh certificate of approval. 28. Attachments to certificate of approval . Where the fire safety officer to whom is referred a notice given under section 24 is satisfied, as regards the premises in respect of which the notice is given, that the carrying out of the proposal notified would not have the result that any of the means referred to in section 7 (1) would become inadequate in respect of a use of the premises covered by the certificate of approval issued by a fire safety officer that is in force in relation to those premises, he shall, on production of that certificate of approval, cause to be attached to the certificate a copy of the notice together with a statement in writing that he is so satisfied. 29. Rectification of copy certificate of approval . Where as regards any certificate of approval issued by a fire safety officer, and in pursuance of this Act, a fire safety officer- (a) makes any amendment therein; or (b) causes any attachment to be affixed thereto, and a copy of such certificate is by this Act required to be kept in any premises, the fire safety officer shall cause a like amendment to be made or, as the case may be, a like attachment to be affixed to every copy so kept.

420 Fire Safety Act 1974, No. 43 PART V-RIGHT OF APPEAL ON MATTERS UNDER ACT 30. Subject - matter for appeals . A person who is aggrieved- (a) by any matter or step specified in a notice given under section 7 (2) or section 10 (4); (b) by any step or direction specified in a notice given under section 24 (3) or section 26; (c) by the refusal of a fire safety officer- (i) to issue an interim certificate of approval; (ii) to issue a certificate of approval; or (iii) to cancel or amend a certificate of approval; (d) by a period of time allowed for the taking of any step by a notice given under this Act; (e) by the inclusion in or omission from an interim certificate of approval or a certificate of approval of any particular; or (f) by the amendment or cancellation of a certificate of approval. may, within 21 days after the relevant date, appeal to the Magistrates Court constituted by a stipendiary magistrate at any place within the Magistrates Court District wherein are situated the premises to which the notice, interim certificate of approval or, as the case may be, certificate of approval relates or in respect of which an interim certificate of approval or certificate of approval is refused. 31. Commencement and disposal of appeals . (1) Every appeal shall he commenced by way of complaint and summons under the JusticesAct1886-1973. (2) A Magistrates Court, constituted as prescribed,- (a) may, upon hearing and determining an appeal, make such order as it considers to be just and to be calculated to secure the safety from fire of persons who use or who may be expected to use the premises or proposed premises concerned in the appeal; (b) may at any time order that an appeal be dismissed for want of prosecution whereupon the appeal shall be deemed to have been heard and determined and dismissed; (c) may make such order as to the payment of costs of an appeal as it considers to be just. (3) Every order duly made by a Magistrates Court in connexion with an appeal shall be given effect to by the parties to the appeal and by all other persons concerned. 32. Recovery of costs. Costs duly ordered by a Magistrates Court to be paid in connexion with an appeal may be recovered by action in any court of competent jurisdiction by the person for whose benefit the order is made as a debt due to him by the person against whom the order is made. 33. Effect of commencement of appeal . (I) Where an appeal is duly commenced against the refusal by a fire safety officer to issue a certificate of approval or the cancellation of a certificate of approval issued by a fire safety officer a person shall not incur liability under section II or section 14 between the relevant date and the determination of the appeal.

Fire Safety Act 1974, No. 43 421 (2) When an appeal is duly commenced against the inclusion of any particular in a certificate of approval issued by a fire safety officer, which particular has the effect of imposing an obligation on any person, a person shall not incur any liability under this Act on account of a contravention of or failure to comply with that particular between the relevant date and the determination of the appeal. (3) When an appeal is duly commenced against any matter or step specified in a notice given under this Act or against a period of time allowed by such a notice no action shall be taken between the relevant date and the determination of the appeal on account of a failure to comply with the notice. 34. Meaning of " relevant date ". In this Part the expression the relevant date " means- (a) in relation to a person aggrieved by any matter, step, refusal, amendment, cancellation or period of time referred to in section 30 (1), the date on which notice of the same was given to him by or on behalf of the fire safety officer concerned; (b) in relation to a person aggrieved by an inclusion or omission referred to in provision (e) of section 30 (1), the date on which the inclusion or omission was first made known to him, and for the purpose of provision (b) a person to whom is given an interim certificate of approval or a certificate of approval issued by a .fire safety officer or a copy of either such certificate shall be taken to have had what the certificate does or does not contain made known to him at the time of the giving to him of the interim certificate, certificate or, as the case may be, copy. PART VI-MISCELLANEOUS PROVISIONS 35. Prohibition or restriction on use of premises where fire risk excessive . (1) Where a fire authority is satisfied as regards any premises that the risk to persons in the event of fire is so serious that the use of the premises should be prohibited or restricted until steps have been taken to reduce the risk to a reasonable level the fire authority or a fire safety officer acting on its behalf may, by action in the Supreme Court against the owner of the premises or against any one or more of the occupiers of the premises, claim an injunction that prohibits or restricts the use of the premises. (2) If the Supreme Court is satisfied as prescribed by subsection (I) it may make such order as it considers just to prohibit or restrict the use of the premises concerned either indefinitely or for a time defined in its order and either in respect of any use of the premises or in respect of the particular use or uses specified in its order. (3) For the purpose of its enforcement an order made under subsection (2) against any one or more of the occupiers of premises shall be deemed to have been made against all the occupiers from time to time of the premises.

422 Fire Safety Act 1974, No. 43 (4) This section applies whether or not the use of premises sought to be prohibited or restricted is a designated use for the purposes of Part 111. 36. Local Authority to consult with fire authority . Where under any Act, regulation, ordinance or by-law a Local Authority is empowered to permit or grant a dispensation from a requirement that is directed towards safety from fire the Local Authority shall consult with the fire authority before it exercises that power. 37. Fire safety officer to consult with Local Authority. (1) Before a fire safety officer gives to any person a notice under this Act that specifies an alteration to the plans of proposed premises or an alteration to the structure of premises as a step required to be taken to satisfy the fire safety officer on any matter he shall consult with the Local Authority in whose Area is situated the site of the proposed premises or, as the case may be, the premises. (2) To allay any doubt in relation thereto, it is declared that a Local Authority, which pursuant to subsection (1) is to be consulted in the circumstances prescribed by that subsection may be a person who is aggrieved within the meaning of section 30. 38. Enforcement of Act by fire authorities . (1) It is a function of a Board to carry this Act into effect in the district within which the Board has jurisdiction for the purposes of the Fire Brigade Act 1964-1973. (2) It is a function of the Council to carry this Act into effect in those parts of the State and in respect of those premises for which the Council is defined by this Act to be the fire authority. 39. Appointment of persons to enforce Act. (1) The power conferred by section 10 of the Fire Brigades Act 1964-1973 on a Board to appoint employees (other than a secretary) includes power to appoint such number of persons as fire safety officers as is necessary for the Board to perform its function prescribed by section 38 (1) and to appoint persons to act in aid of such fire safety officers. (2) The power conferred by section 24 of the Fire Brigades Ac, 1964-1973 to appoint persons to act in aid of the Council includes power to appoint such number of persons as fire safety officers as is necessary for the Council to perform its function prescribed by section 38 (2) and to appoint persons to act in aid of such fire safety officers. 40. Powers _ of fire safety officers , etc. (1) A fire safety officer may, at any reasonable time, and without further authority than this section- (a) enter any premises that he reasonably suspects to be such or to be put to such use that this Act requires a certificate of approval issued by a fire safety officer to be in force in relation to them; (b) enter any premises that he reasonably suspects to be such that section 35 applies to them;

Fire Safety Act 1974, No. 43 423 (c) inspect all parts of any premises entered by him and make such inquiry as he considers necessary to ascertain- (i) whether the premises are in fact premises referred to in provision (a) or (b); (ii) whether the provisions of this Act are being complied with as regards the premises; (iii) the identity of the owner or occupier of the premises; (iv) whether any person has the overall management of the premises and, if so, his identity; (v) whether the requirements imposed by the certificate of approval issued by a fire safety officer (if there be one in force in relation to the premises) are being complied with; (d) require the production of, and inspect, any certificate of approval issued by a fire safety officer in force in relation to the premises or a copy of such a certificate; (e) seize and retain any certificate of approval issued by a fire safety officer or a copy of such a certificate that is no longer in force or that is to be amended or any document made or amended and referred to in section 22 or a copy of such a document; (f) require any person having responsibilities in relation to the premises (whether or not he is an owner or occupier thereof or a person employed to work therein) to give him such facilities and assistance with respect to matters or things to which that person's responsibilities extend as are, in his opinion, necessary to enable him to exercise any of the powers conferred on him by this section. (2) For the purpose of gaining entry to any part of a building or structure that comprises or includes premises which he is authorized by subsection (1) to enter, which part is used exclusively for purposes of residence the fire safety officer shall give to the occupier of that part at least 24 hours' notice of his intention to enter and inspect that part for the purposes of this Act. 41. Offence to obstruct or impersonate fire safety officers, etc. (1) A person shall not- (a) obstruct any person in his due exercise of a power or his due performance of a duty under this Act; or (b) fail to comply with a requisition duly made on him under this Act unless he has reasonable excuse for so failing. (2) A person shall not falsely claim to be a fire safety officer or other person authorized under this Act to do any act. 42. Offences by bodies corporate . (1) When an offence against this Act is committed by a body corporate every director or officer of the body corporate shall be taken to have committed a like offence and he may be charged with that offence (either jointly with the body corporate or separately) and, subject to subsection (2), punished accordingly.

424 Fire Safety Act 1974, No. 43 (2) Where a director or officer of a body corporate is charged with an offence pursuant to subsection (1) it shall be a defence to prove that the offence was committed without his consent or connivance and that by using due diligence he could not have prevented its commission. (3) In this section the term " officer " in relation to a body corporate has the same meaning as it has in relation to a corporation in the Companies Act 1961-1972. 43. Service of documents . (1) Any notice or other document required or authorized by this Act to be given to any person shall be taken to have been duly given if- (a) it is served on him personally or, being enclosed in an envelope or wrapper addressed to him, is left for him with some responsible person at his place of business or residence last known to the person by whom it is given; or (b) it is sent by pre-paid post letter addressed to him at his place of business or residence last known to the person by whom it is given. (2) A notice or other document to be given to' a body corporate shall be taken to be duly given if it is addressed to the body corporate and given to the secretary of the body corporate or other person apparently charged with the management of the registered office in the State of the body corporate. 44. Restriction on disclosure of information . Save in the performance of his duty or for the purposes of proceedings before a court or duly constituted commission of inquiry a person shall not disclose any information obtained by him with respect to any premises entered by him in the exercise of any power conferred by this Act or with respect to any activity carried on in any such premises so entered unless that information was obtained otherwise than as a consequence of such entry. 45. Regulations as to fire precautions . (1) The Governor in Council may make regulations to provide as to the precautions that are to be taken or observed in relation to the risk to persons in the event of fire- (a) with respect to premises put to a use declared under Part III or to a specified class of such premises; (b) with respect to premises generally or to a specified class of premises. (2) Without prejudice to the generality of matters for which regulations made under subsection (1) may provide, such regulations may, in respect of premises to which they apply, impose requirements- (a) as to the provision, maintenance and keeping free from • obstruction of means of escape in the event of fire; (b) as to the provision and maintenance of means for securing that any means of escape provided can be safely and effectively used at all material times;

Fire Safety Act 1974, No. 43 425 (c) as to the provision and maintenance of means for fighting fire and means for giving warning in the event of fire; (d) as to the internal construction of the premises and the material used in that construction; (e) for prohibiting altogether the presence or use in the premises of furniture, furnishings or equipment of a specified description or for prohibiting its presence or use unless specified standards or conditions are complied with; (f) for securing that persons employed to work in the premises receive sufficient instruction or training in what to do in the event of fire; (g) for securing that in specified circumstances, specified numbers of attendants are stationed in specified parts of the premises; and (h) as to the keeping of records of instruction or training given or other things done in pursuance of the regulations. (3) Regulations made under subsection (1)- (a) may impose requirements on persons other than occupiers of premises to which they apply; (b) may, as regards any of their provisions, provide as to the person or persons to be responsible for any contravention thereof or failure to comply therewith; and (c) may prescribe penalties for contraventions of or failures to comply with the regulations. 46. Regard to regulations in administering Act. (1) While there are in force regulations made under section 45 (1) that apply to premises put to a particular use or to a specified class of such premises, a fire safety officer- (a) in determining whether to issue an interim certificate of approval or a certificate of approval covering that use in relation to premises to which the regulations apply shall proceed on the footing that, as regards any of the matters specified in provision (a), (b), (c) or (d) of section 7 (1) about which provision is made in the regulations, no more can reasonably be required in the circumstances than is required by the regulations; and (b) shall not, in any certificate of approval covering that use issued in relation to premises to which the regulations apply, impose in respect of that use any requirement as to any matter about which provision is made in the regulations which requirement is more onerous than the requirements of the regulations as to that matter. (2) Where there are in force regulations made under section 45 (1) that apply to premises put to a particular use or to a specified class of such premises and there is in force a certificate of approval issued by a fire safety officer in relation to premises to which the regulations apply, then- (a) so long as the requirements as to any matter that are imposed by the certificate of approval in respect of that use are complied with, a person shall not be guilty of an offence under the regulations by reason of a contravention of or failure to comply with a requirement of the regulations as to that matter;

426 Fire Safety Act 1974, No. 43 (b) if it at any time appears to a fire safety officer that any of the matters referred to in provision (b), (c), (d) or (e) of section 18 (1) is not in conformity with any provision made in the regulations about that matter the fire safety officer shall, by notice given to the occupier of the premises- (i) inform him of that fact and of the steps that would have to be taken in respect of the premises or of the building or structure that includes the premises (whether by making alterations to the premises or, as the case may be, building or structure, or otherwise) to bring the matter in question into conformity with that provision; and (ii) notify him that if those steps are not taken, whether by himself or by another, within the period specified in the notice the certificate of approval issued by a fire safety officer in relation to the premises may be cancelled. (3) If the steps notified to an occupier of premises in a notice given under subsection (2) are duly taken the fire safety officer shall, if necessary, either amend the certificate of approval in force in relation to the premises in question or issue a fresh certificate of approval in relation to those premises. 47. Other provisions of Act applicable to notice under s. 46. In respect of a notice given under section 46- (a) the provisions of section 26 (3) apply as if the notice had been given under section 26 (1); (b) the provisions of section 30 apply as they do in respect of a notice therein referred to. 48. Regulations other than under s. 45. The Governor in Council may make regulations- (a) to prescribe forms for the purposes of this Act and to prescribe the purposes for which such forms are to be used; (b) to prescribe fees to be paid under this Act and to prescribe the purposes for which such fees are to be paid; (c) to prescribe the procedure to be adopted in respect of any application made under this Act; (d) to prescribe the obligations of owners and occupiers of premises in relation to which a certificate of approval issued by a fire safety officer is in force and of owners and occupiers of buildings or structures that include such premises; (e) to provide for all matters necessary or desirable for the effective administration of this Act or to achieve the objects and purposes of this Act; (f) to apply the whole or any of the provisions of this Act (with such modifications as may be prescribed by the regulations) to- (i) vessels that are moored or are on dry land for such periods or in such circumstances as are prescribed; and (ii) tents, caravans and other -moveable structures of any description; and

Fire Safety Act 1974, No. 43 427 (iii) sites on which vessels, tents, caravans and other moveable structures are or may be expected to be moored, pitched, stood or, as the case may be, erected. (g) to prescribe penalties for contravention of or failure to comply with the regulations. 49. General offence provision . Any person who contravenes or fails to comply with any provision of this Act commits an offence against this Act and, if no other penalty is prescribed in the particular case, is liable to a penalty of $200.00. 50. Due application of Act and certificates of approval . Any Act, regulation, ordinance or by-law and any instrument, licence or permit issued or granted thereunder shall, in its application and operation in respect of premises to which this Act applies, so apply and operate subject to this Act and to the provisions of any material certificate of approval issued by a fire safety officer under this Act. SCHEDULE [s. 13] 1. Premises wherein food or drink is for sale to the public and wherein there is conducted cabaret-type entertainment or dancing and wherein the area open to the public for those purposes consists of or includes- (a) a room below ground level; or (b) a room at a floor level above the ground floor. 2. Premises that are an hotel, motel, home unit, apartment building, lodging house, hostel, or the staff quarters incidental to any other premises, if there are rooms for residential use at a floor level more than 10 metres above ground level. 3. Premises that provide residential accommodation within an educational institution, or premises that are an hostel for children or an institution for childrens' welfare. 4. Premises that provide residential accommodation for medical, psychiatric or geriatric care. 5. Premises that are a retail shop if there is a sales area- (a) on a floor below ground level; or (b) at a floor level above the ground floor. 6. Premises that are used for public meetings, or for recreational, cultural or conference purposes (not including drive-in theatres), and that have accommodation for the material purpose for more than 160 persons. 7. Premises that are factories within the meaning of the Factories and Shops Act 1960-1973 if workers employed therein ordinarily work- (a) in one or more rooms below ground level; or (b) in one or more rooms at a floor level above the ground floor. 8. Premises that are office buildings if the premises contain offices at a floor level more than 21 metres above ground level.

428 Fire Safety Act 1974, No. 43 9. Premises that are used for educational or research purposes and that include or contain- (a) a laboratory or machinery or trade equipment that is operated for training or research purposes; or (b) a classroom or canteen, or recreation facilities on a floor below ground level or at a floor level more than 10 metres above ground level.