South Australian Consolidated Acts South Australian Consolidated Acts (1) An authorised
officer who holds prescribed qualifications or a member of an appropriate
authority may, at any reasonable time, enter and inspect any building for the
purpose of determining whether the fire safety of a building is adequate.
(1a) An
authorised officer who holds prescribed qualifications must conduct an
inspection of a building under subsection (1) at the request of an
appropriate authority or a fire authority.
(2) If an appropriate
authority is satisfied that the fire safety of a building is not adequate, the
appropriate authority may cause a notice to be served on the owner of the
building.
(3) A notice under
subsection (2) may—
(a)
require the owner to report to the appropriate authority on the work or other
measures necessary to ensure that the fire safety of the building is adequate;
or
(b) in
the case of an emergency—
(i)
require the owner to carry out a programme of work, or to
take any other measure, to overcome any fire hazard; or
(ii)
require the evacuation of the building; or
(iii)
prohibit the occupation or use of the building or a part
of the building until the appropriate authority is satisfied that the fire
hazard no longer exists; or
(iv)
require the owner to take such other action prescribed by
the regulations.
(4) A report under
subsection (3)(a) must be provided to the appropriate authority within
two months, or within such longer period as the appropriate authority may
allow.
Penalty: Division 7 fine.
(5) The owner may,
during the period referred to in subsection (4), make representations to
the appropriate authority about the fire safety of the building and the work
or other measures to be carried out or taken.
(6) An appropriate
authority may, after receiving a report under subsection (3) (or, in the
event of a failure to provide a report in accordance with this section), by
notice given to the owner of the building—
(a)
require the owner to seek an appropriate development authorisation under this
Act and, if granted, to carry out a programme of work or to take other
measures to ensure that the fire safety of the building is adequate; or
(b)
prohibit the occupation or use of the building or a part of the building until
the appropriate authority is satisfied that any fire hazard no longer exists;
or
(c)
require the owner to take such other action prescribed by the regulations.
(10) On completion of
any work required to be carried out by a notice under this section, the owner
must notify the appropriate authority in writing.
Penalty: Division 7 fine.
(11) An appropriate
authority may, at the request of the owner, vary a notice under this section
or may, on its own initiative, revoke a notice if satisfied that it is
appropriate to do so.
(12) An appeal against
a notice under this section must be commenced within 14 days after the notice
is given unless the Court allows longer time for the commencement of the
appeal.
(13) Subject to any
order of the Court to the contrary, the operation of a notice under this
section is not suspended pending the determination of an appeal.
(14) A person who
contravenes or fails to comply with a notice under subsection (3)(b) or
(6) is guilty of an offence.
Penalty: Division 5 fine.
Default penalty: $50.
(15) This section does
not authorise any action inconsistent with the Heritage Places Act 1993
or a provision of the relevant Development Plan that relates to heritage.
(16) Any action taken
under this section should seek to achieve, in the following order of
priority—
(a)
firstly, a reasonable standard of fire safety for the occupiers of the
relevant building;
(b)
secondly, the minimal spread of fire and smoke;
(c)
thirdly, an acceptable fire fighting environment,
in accordance with the fire safety objectives and performance criteria of the
Building Code of Australia .
(17) No matter or
thing done or omitted to be done by an appropriate authority in good faith in
connection with the operation of this section subjects the authority to any
liability.
(18) For the purposes
of this section, an "appropriate authority is a body established by a council,
or by two or more councils, under subsection (19) and designated by the
council or councils as an appropriate authority under this section.
(19) The following
provisions apply with respect to the establishment of an appropriate
authority:
(a) the
appropriate authority will be constituted of—
(i)
a person who holds prescribed qualifications in building
surveying appointed by the council or councils; and
(ii)
a person nominated by the Chief Officer of the South
Australian Metropolitan Fire Service or the Chief Officer of the South
Australian Country Fire Service (determined by the council or councils after
taking into account the nature of its area or their areas); and
(iii)
a person with expertise in the area of fire safety
appointed by the council or councils; and
(iv)
if so determined by the council or councils—a
person selected by the council or councils;
(b) the
term of office of a member of the appropriate authority will be a period not
exceeding three years determined by the council or councils;
(c) the
office of a member of the appropriate authority will become vacant if the
member—
(i)
dies; or
(ii)
completes a term of office and is not reappointed; or
(iii)
resigns by written notice addressed to the council or
councils; or
(iv)
is removed from office by the council or councils for any
reasonable cause;
(d)
deputy members may be appointed;
(e)
subject to a determination of the council or councils—the appropriate
authority may determine its own procedures (including as to quorum).
(20) A member of an
appropriate authority who has a personal interest or a direct or indirect
pecuniary interest in any matter before the appropriate authority (other than
an indirect interest that exists in common with a substantial class of
persons) must not take part in any deliberations or decision of the authority
in relation to that matter.