Queensland Numbered Acts Queensland Numbered ActsPart 9A, after division 3--
insert--
'In this division--
clear floor surface area means an area of floor on or above which there is nothing that would unduly restrict a person in going across the area.
fire safety system, for a building, means the building's features, and procedures established for the building, providing for all or any of the following--
(a) warning the building's occupants about a fire emergency;
(b) safe evacuation of the building's occupants;
(c) extinguishing or restricting the spread of fire in the building.
licensed building means a building, or the part of a building, that comprises particular licensed premises under the Liquor Act 1992.
occupancy notice see section 104KF.
occupancy number, for a building, means the occupancy number stated in an occupancy notice in force for the building.
risk of overcrowding, for a building, means a risk that not all occupants of the building would be able to safely evacuate if a fire or hazardous materials emergency happened.
'(1) The object of this division is to help ensure the occupants of licensed buildings can safely evacuate if a fire or hazardous materials emergency happens.
'(2) The object is to be achieved by--
(a) identifying licensed buildings with an unacceptable risk of overcrowding; and
(b) for each of the identified buildings, establishing and implementing a safe limit on the number of persons who may be present in the building at any one time.
'Except where it states otherwise, this division applies to a part of a licensed building in the same way it applies to a whole licensed building.
Example--
Under section 104KD(1), the commissioner may decide a particular room in a licensed building is an at risk licensed building. In deciding the level of the risk of overcrowding for the room, the commissioner must have regard to the matters stated in section 104KD(2) as if a reference in that subsection to the building were a reference to the room.
'(1) The commissioner may decide a licensed building is an at risk licensed building if the commissioner is satisfied there is an unacceptable risk of overcrowding for the building.
'(2) In deciding the level of the risk of overcrowding, the commissioner must have regard to the following matters--
(a) the building's characteristics, including--
(i) the number and location of exits in the building; and
(ii) the clear floor surface areas in the building; and
(iii) the flammability of the fixtures and fittings in the building; and
(iv) the prescribed fire safety installations in the building; and
(v) whether occupants of the building can exit directly into open space or another place of safety;
(b) how the building is used, including its classification under the Building Code of Australia;
(c) the number of persons that use, or are likely to use, the building at any given time;
(d) the mobility and other characteristics of the persons who use, or are likely to use, the building;
(e) any fire safety system for the building.
'(1) This section applies to a licensed building that the commissioner has decided is an at risk licensed building.
'(2) In deciding an occupancy number for the building, the commissioner must have regard to the building's characteristics and other matters stated in section 104KD(2).
'(3) The occupancy number must not be more than--
(a) the maximum number that may be accommodated under--
(i) for a budget accommodation building to which the Building Act 1975, chapter 7, part 3 applies--the Queensland Development Code, part 14, items P3 and A3; or
(ii) otherwise--the Building Code of Australia, part D1.13; or
(b) the maximum number that allows compliance with the Building Code of Australia, part D1.6.
'If the commissioner decides under section 104KD that a licensed building is an at risk licensed building, the commissioner may give the occupier of the building a notice (an occupancy notice) stating the following--
(a) that the commissioner has decided the building is an at risk licensed building;
(b) the occupancy number for the building decided under section 104KE;
(c) the day, not less than 30 days after the occupancy notice is given, on which it takes effect;
(d) the occupier's obligations under subdivision 3;
(e) the reasons for the decisions mentioned in paragraphs (a) and (b);
(f) that the occupier may object to the giving of the occupancy notice;
(g) how the occupier may make an objection, including the time by which it must be made.
'If the commissioner considers the risk of overcrowding for a building varies because of the different ways the building is used from time to time, the commissioner may give the occupier an occupancy notice stating--
(a) an occupancy number for the building that applies only when the building is used in a stated way or in stated circumstances; or
(b) 2 or more occupancy numbers for the building, each of which applies only when the building is used in a stated way or in stated circumstances.
Example for paragraph (b)--
A building used occasionally for concerts may be given an occupancy number that applies only for that use and another occupancy number that applies for its usual uses.
'An occupancy notice applies to the person stated in it, in relation to the licensed building stated in it, until the occupancy notice is revoked or the person stops being the occupier of the building.
'(1) This section applies to a licensed building for which an occupancy notice (the current occupancy notice) is in force.
'(2) At any time, on request by the occupier or on the commissioner's own initiative, the commissioner may carry out a re-assessment for the building.
'(3) The commissioner must carry out a re-assessment for the building if--
(a) since the current occupancy notice was given, any of the matters stated in section 104KD(2)1 has changed in a way that is relevant to the risk of overcrowding for the building; and
(b) the occupier gives the commissioner a written notice of the change and asks the commissioner to carry out the re-assessment.
'(4) If, on a request mentioned in subsection (3)(b), the commissioner carries out a re-assessment and decides not to revoke the current occupancy notice, the commissioner must give the occupier a notice (a decision notice) stating the following--
(a) the decision not to revoke the current occupancy notice;
(b) the reason for the decision;
(c) that the occupier may object to the giving of the decision notice;
(d) how the occupier may make an objection, including the time by which it must be made.
'(5) In this section--
carry out a re-assessment, for the building, means--
(a) re-assess the level of the risk of overcrowding for the building under this division; and
(b) decide whether to revoke the current occupancy notice and, if revoking the notice, whether to give another occupancy notice for the building.
'(1) This subdivision applies if an occupancy notice is in force for a licensed building.
'(2) A reference in this subdivision to the occupier is a reference to each occupier of the building to whom the occupancy notice states it applies.
'The occupier must ensure the number of persons in the building at any one time is not more than the occupancy number for the building.
Maximum penalty--50 penalty units.
'(1) The occupier must ensure each relevant staff member is aware of the occupancy number for the building.
Maximum penalty--50 penalty units.
'(2) In this section--
relevant staff member means an employee of the occupier who is present in the building when members of the public may enter the building.
'(1) This section does not apply if--
(a) the building is only a part of a licensed building; or
(b) the occupancy number for the building is less than 200.
'(2) The occupier must ensure the required counting system is implemented at all times the building is open to the public.
Maximum penalty--50 penalty units.
'(3) The required counting system is--
(a) if the occupancy number is at least 200 but less than 1000--a manual counting system or an automatic counting system; or
(b) if the occupancy number is at least 1000--an automatic counting system.
'(4) In this section--
automatic counting system means a counting system capable of operating without human intervention.
Example--
a machine that counts the number of persons passing through an entrance after detecting them by way of a lightbeam across the doorway or a sensor under the floor
counting system means a system for counting the number of persons entering or leaving a building.
manual counting system means a counting system other than an automatic counting system.
Examples of manual counting systems--
a staff member issuing a numbered ticket to each person entering the building and a passout to each person leaving the building
a staff member clicking a counting device once for each person entering or leaving the building
'(1) This section does not apply if--
(a) the building is only a part of a licensed building; or
(b) the occupancy number for the building is less than 200.
'(2) The occupier must display conspicuously above each public entrance to the building a sign stating the occupancy number for the building.
Maximum penalty--50 penalty units.
'The occupancy number must be stated in the occupier's fire and evacuation plan.
Maximum penalty--50 penalty units.
'(1) If any of the matters stated in section 104KD(2)2 changes in a way that may increase the risk of overcrowding for the building, the occupier must immediately give written notice to the commissioner.
Maximum penalty--50 penalty units.
'(2) If a person stops being the occupier of the building, the person must immediately give written notice to the commissioner.
Maximum penalty--50 penalty units.
'(1) This section applies if, at any time, an authorised fire officer knows or reasonably suspects the number of persons in the building is more than the occupancy number for the building.
'(2) The officer may require the occupier to do, or stop doing, a stated thing for the purpose of reducing the number of persons in the building or reducing the risk to the safety of persons in the building.
'(3) The officer may, for example, ask the occupier to--
(a) stop anyone else entering the building; or
(b) stop serving alcohol in the building; or
(c) turn on the lights in the building; or
(d) stop music being played or other entertainment happening in the building; or
(e) ask persons in the building to leave.
'(4) The requirement may be made orally or in writing.
'(5) If the requirement is made orally, the officer must confirm the requirement in writing as soon as practicable.
'(6) The occupier must comply with the requirement unless the occupier has a reasonable excuse.
Maximum penalty--50 penalty units.
'(7) This section does not limit another power of the officer under this Act.
'(8) In this section--
occupier includes a person in charge, or apparently in charge, of the building.
'The commissioner may give copies of occupancy notices to the chief executive (liquor licensing).
'For the performance of the service's functions, the commissioner may publish the occupancy numbers for buildings to the public.'.