South Australian Numbered Acts

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FIRE AND EMERGENCY SERVICES ACT 2005 (NO 40 OF 2005) - SECT 39

39—Powers in relation to places at which danger of fire may exist

        (1)         The Chief Officer or an authorised officer may, at any time and using such force as is reasonably required in the circumstances, enter and inspect any building, vehicle or place at or in which he or she has reason to believe explosives or any hazardous, combustible or flammable materials or substances are being kept or any conditions exist that are likely to be a source of danger to life or property in the event of fire, or are likely to cause an outbreak of fire.

        (2)         If the Chief Officer or authorised officer finds explosives or any hazardous, combustible or flammable materials or substances that are being kept in an unsafe manner or finds any conditions that are likely to be a source of danger to life or property in the event of fire, or likely to cause an outbreak of fire, the Chief Officer or authorised officer may—

            (a)         take action himself or herself to alleviate the danger;

            (b)         order the occupier or person apparently in charge of the building, vehicle or place to take specified action within a specified period to alleviate the danger.

        (3)         An order under this section may be given orally or by notice in writing served on the occupier or person apparently in charge of the building, vehicle or place.

        (4)         If an order under this section is given orally, the Chief Officer or authorised officer must as soon as practicable cause a written notice containing the order to be served on the occupier or person apparently in charge of the building, vehicle or place.



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