sec.149KPowers of authorised fire officer for preventative or investigative purposes

sec.149K Powers of authorised fire officer for preventative or investigative purposes

At any time an authorised fire officer may enter any premises or open (using such force as is reasonably necessary) any receptacle for any of the following purposes— to prevent, or reduce the likelihood of, the occurrence of a fire or a hazardous materials emergency; to investigate whether or not fire safety measures and fire prevention measures, including the implementation of a fire safety management plan as required under chapter 4A , part 4 , have been taken or are being maintained; to ascertain the cause of a fire or hazardous materials emergency; to ascertain whether any provision of this Act or any notice, notification, order (written or verbal) or permit given under this Act has been or is being complied with; to ascertain whether a power conferred by this Act upon an authorised fire officer should be exercised, or to exercise a power under this Act. The power of entry conferred by subsection (1) must not be exercised in respect of— a building that is a dwelling or such part of a building as is a dwelling; or a vehicle or vessel used as a dwelling; or a tent or other structure used as a dwelling; unless the occupier has given approval to enter or unless entry is made during or in the aftermath of a fire or hazardous materials emergency occurring at the dwelling, for the purpose of ascertaining its cause. However, subsection (2) (a) does not apply to a budget accommodation building if the entry is made to investigate whether the owner of the building is implementing a fire safety management plan. An authorised fire officer who enters premises under this section may— for subsection (1) (a) —burn, remove or otherwise deal with any vegetation or other material or substance whether flammable or inflammable at the premises; or for subsection (1) generally— search any part of the premises; or inspect, measure, test, photograph or film any part of the premises or anything at the premises; or take a thing, or a sample of or from a thing, at the premises for analysis or testing; or copy a document at the premises; or make inquiries or conduct surveys and tests; or take into or onto the premises any persons, equipment and materials the authorised fire officer reasonably requires for exercising a power under this part. An authorised fire officer’s power to enter premises or open a receptacle under subsection (1) may be exercised by the officer, or an appropriately qualified person acting under the supervision of the officer, using a device remotely controlled by the officer or person. s 149K (prev s 55) amd 1991 No. 51 s 3 .6; 2002 No. 7 s 9 ; 2002 No. 60 s 17 ; 2006 No. 49 s 6 ; 2023 No. 11 s 34 s ch 1 pt 1 ; 2023 No. 7 s 19 ; 2024 No. 22 s 92 sch 1 reloc and renum 2024 No. 22 s 37 (2) (sec.149K-ssec.1) At any time an authorised fire officer may enter any premises or open (using such force as is reasonably necessary) any receptacle for any of the following purposes— to prevent, or reduce the likelihood of, the occurrence of a fire or a hazardous materials emergency; to investigate whether or not fire safety measures and fire prevention measures, including the implementation of a fire safety management plan as required under chapter 4A , part 4 , have been taken or are being maintained; to ascertain the cause of a fire or hazardous materials emergency; to ascertain whether any provision of this Act or any notice, notification, order (written or verbal) or permit given under this Act has been or is being complied with; to ascertain whether a power conferred by this Act upon an authorised fire officer should be exercised, or to exercise a power under this Act. (sec.149K-ssec.2) The power of entry conferred by subsection (1) must not be exercised in respect of— a building that is a dwelling or such part of a building as is a dwelling; or a vehicle or vessel used as a dwelling; or a tent or other structure used as a dwelling; unless the occupier has given approval to enter or unless entry is made during or in the aftermath of a fire or hazardous materials emergency occurring at the dwelling, for the purpose of ascertaining its cause. (sec.149K-ssec.2A) However, subsection (2) (a) does not apply to a budget accommodation building if the entry is made to investigate whether the owner of the building is implementing a fire safety management plan. (sec.149K-ssec.3) An authorised fire officer who enters premises under this section may— for subsection (1) (a) —burn, remove or otherwise deal with any vegetation or other material or substance whether flammable or inflammable at the premises; or for subsection (1) generally— search any part of the premises; or inspect, measure, test, photograph or film any part of the premises or anything at the premises; or take a thing, or a sample of or from a thing, at the premises for analysis or testing; or copy a document at the premises; or make inquiries or conduct surveys and tests; or take into or onto the premises any persons, equipment and materials the authorised fire officer reasonably requires for exercising a power under this part. (sec.149K-ssec.4) An authorised fire officer’s power to enter premises or open a receptacle under subsection (1) may be exercised by the officer, or an appropriately qualified person acting under the supervision of the officer, using a device remotely controlled by the officer or person.