South Australian Numbered Acts South Australian Numbered Acts13—Insertion of Part 4 Division 6A
After section 70 insert:
Division 6A—Fire and emergency safeguards
70A—Interpretation
(1) In this Division—
"authorised officer" means a person authorised by the Chief Officer to exercise the powers of an authorised officer under this Division;
"emergency" refers only to an emergency constituted of or arising from the escape of any hazardous material, or a situation that involves imminent danger of such escape;
"occupier" in respect of a public building, includes any person apparently in charge of, or having the control and management of, the building;
"public building" includes any structure or place (whether permanent or temporary or fixed or moveable) that is enclosed or partly enclosed—
(a) to which admission is open to members of the public or restricted to persons who are members of a club or who possess any other qualification or characteristic and whether admission is or is not procured by the payment of money or on any other condition; or
(b) in which persons work under a contract of service.
(2) This Division applies only to a building, vehicle or place in the country.
70B—Power to enter and inspect a public building
(1) The Chief Officer or an authorised officer may enter and inspect a public building for the purpose of determining whether there are adequate safeguards against, or in the event of, fire or other emergency.
(2) The Chief Officer or authorised officer—
(a) may exercise the powers conferred by subsection (1)
at any reasonable time including any time when the building is open to the public; and
(b) may, if there is reason to believe that urgent action is required, use such force as is reasonable in the circumstances to enter and inspect the public building.
70C—Rectification where safeguards inadequate
(1) If, after having inspected a public building, the Chief Officer or authorised officer is of the opinion that there are not adequate safeguards against, or in the event of, fire or other emergency as a result of—
(a) obstruction, closing or locking of an aisle, corridor, door, gangway, lobby, passage, exit, escape or any other means of egress from the building; or
(b) overcrowding of the building; or
(c) noncompliance with the requirements of this or any other Act,
the Chief Officer or authorised officer may do 1 or more of the following:
(d) using such force as is reasonably necessary, cause the aisle, corridor, door, gangway, lobby, passage, exit, escape or other means of egress from the building to be cleared, opened or unlocked (as the case requires);
(e) in the event of overcrowding, cause persons to be removed from the building;
(f) order the occupier to take specified action to rectify the situation within a specified period.
(2) A rectification order may be given orally or by notice in writing served on the occupier of the building.
(3) If a rectification order 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 of the building.
(4) If a notice containing a rectification order is served on the occupier of the building, the Chief Officer or authorised officer must as soon as practicable cause a copy of the notice to be served on any authority established under section 71(18) of the Development Act 1993
or section 157(16) of the Planning, Development and Infrastructure Act 2016
for the area in which the building is situated.
(5) If any matter or thing with respect to fire safety is regulated or required to be done under the Development Act 1993
or the Planning, Development and Infrastructure Act 2016
, a person may not be ordered under this section to do anything in relation to that matter or thing beyond what is necessary to achieve compliance with the requirements under the relevant Act.
70D—Closure orders etc
(1) If, after having inspected a public building, the Chief Officer or authorised officer is satisfied that the safety of persons in the public building cannot reasonably be ensured by other means, the Chief Officer or authorised officer—
(a) may issue a closure order requiring the occupier of the building to close the building immediately; or
(b) may, if a closure order cannot for any reason be given to the occupier, or if a closure order, having been given to the occupier, is not immediately obeyed, close the building by giving all people present in the building an order to leave the building and, on being satisfied that all such persons have left the building, securing the building to prevent entry by any persons (other than persons authorised to enter the building by the Chief Officer or an authorised officer).
(2) A closure order under subsection (1)(a)
—
(a) may be given orally or by notice in writing served on the occupier of the building; and
(b) ceases to be in force on the expiration of 2 full business days after the day on which the order was given (or such shorter period as the Chief Officer or authorised officer may specify in the order).
(3) An order given to people present in the building under subsection (1)(b)
—
(a) may be given by affixing a written notice containing the order in a prominent place near the main entrance to the building; and
(b) ceases to be in force on the expiration of 2 full business days after the day on which the order was given (or such shorter period as the Chief Officer or authorised officer may specify in the order).
(4) If a closure order 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 of the building.
(5) If a closure order cannot for any reason be given to the occupier of the building, the Chief Officer or authorised officer must cause a written notice containing the order to be affixed in a prominent place near the main entrance to the building (whether or not an order is also given to people present in the building in accordance with subsection (1)(b)
).
(6) The written notice containing a closure order—
(a) must describe the danger that, in the opinion of the Chief Officer or authorised officer, necessitates closure of the building; and
(b) ceases to be in force on the expiration of 2 full business days after the day on which the order was given (or such shorter period as the Chief Officer or authorised officer may specify in the order).
(7) If a notice containing a closure order is served on the occupier of the building, the Chief Officer or authorised officer must as soon as practicable cause a copy of the notice to be served on any authority established under section 71(18) of the Development Act 1993
or section 157(16) of the Planning, Development and Infrastructure Act 2016
for the area in which the building is situated.
(8) When the Chief Officer or authorised officer is satisfied that the danger has been alleviated, the Chief Officer or authorised officer may rescind the order (not being an order granted by the Magistrates Court under subsection (10)
).
(9) If the Chief Officer or authorised officer is of the opinion that the danger cannot be, or has not been, alleviated within the period for which the order applies, the Chief Officer or authorised officer may, after having given prior notice of the intention to do so to the occupier of the building, apply to the Magistrates Court for an order directing the occupier to close or keep closed, as the case requires, the building for such period as the Court considers necessary for the alleviation of the danger.
(10) The Magistrates Court may, on an application made under subsection (9)
—
(a) grant the order, subject to such conditions as the Court sees fit to impose; or
(b) refuse to grant the order,
and make such other orders as it thinks fit.
(11) If an application is made under subsection (9)
while a building is closed pursuant to this section, the closure of the building continues until the application is determined or withdrawn.
(12) The Chief Officer or authorised officer, or the occupier or owner of a building to which an order under subsection (10)
applies, may apply to the Magistrates Court, at any time, for the order to be rescinded.
(13) The Magistrates Court may, on an application made under subsection (12)
, rescind or refuse to rescind the order to which that application relates and make such other orders as it thinks fit.
70E—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 the Chief Officer or authorised officer 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 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.
70F—Related matters
(1) The Chief Officer or an authorised officer may, when exercising powers conferred by this Division, be accompanied by 1 or more members of SACFS or police officers as the Chief Officer or authorised officer thinks fit.
(2) A person must not fail to comply with—
(a) an order given by the Chief Officer or an authorised officer under this Division; or
(b) an order of the Magistrates Court under this Division.
Maximum penalty: $5 000.