sec.146MOccupier of building to maintain prescribed fire safety installations

sec.146M Occupier of building to maintain prescribed fire safety installations

The occupier of a building must maintain at all times every prescribed fire safety installation to a standard of safety and reliability in the event of fire. Maximum penalty— if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or if the contravention causes substantial property loss—500 penalty units or 6 months imprisonment; or otherwise—100 penalty units. This provision is an executive liability provision—see section 150J . It is a defence to a charge made under this Act that an occupier of a building, in contravention of subsection (1) , has failed to maintain for the building a prescribed fire safety installation for the defendant to prove— that the prescribed fire safety installation would not be required to be maintained for the building if the building were constructed at the time of the alleged offence and was unnecessary for the purposes of fire safety; or that in lieu of the prescribed fire safety installation there is maintained a fire safety installation of equivalent or greater effectiveness. For the purposes of this section— Act includes any Act and any proclamation, order in council, regulation, rule, local law or other instrument of subordinate legislation made under any Act, whenever passed or made whether or not it has ceased to exist. prescribed fire safety installation means a fire safety installation— that was at any time required to be maintained for the building in question by or under any Act, including as a prerequisite to the granting of any approval or the issue of any notice, certificate or instrument; and that was not at any time authorised by or under any Act to be no longer maintained. s 146M (prev s 104D) ins 1991 No. 51 s 3 0.11 amd 2006 No. 49 s 20 ; 2013 No. 51 s 229 sch 1 ; 2023 No. 7 s 21 reloc and renum 2024 No. 22 s 56 (2) (sec.146M-ssec.1) The occupier of a building must maintain at all times every prescribed fire safety installation to a standard of safety and reliability in the event of fire. Maximum penalty— if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or if the contravention causes substantial property loss—500 penalty units or 6 months imprisonment; or otherwise—100 penalty units. This provision is an executive liability provision—see section 150J . (sec.146M-ssec.2) It is a defence to a charge made under this Act that an occupier of a building, in contravention of subsection (1) , has failed to maintain for the building a prescribed fire safety installation for the defendant to prove— that the prescribed fire safety installation would not be required to be maintained for the building if the building were constructed at the time of the alleged offence and was unnecessary for the purposes of fire safety; or that in lieu of the prescribed fire safety installation there is maintained a fire safety installation of equivalent or greater effectiveness. (sec.146M-ssec.3) For the purposes of this section— Act includes any Act and any proclamation, order in council, regulation, rule, local law or other instrument of subordinate legislation made under any Act, whenever passed or made whether or not it has ceased to exist. prescribed fire safety installation means a fire safety installation— that was at any time required to be maintained for the building in question by or under any Act, including as a prerequisite to the granting of any approval or the issue of any notice, certificate or instrument; and that was not at any time authorised by or under any Act to be no longer maintained.