17Accessibility of exits

17 Accessibility of exits

(1)  In this regulation –

clear, for an exit, means –

(a) clear of any obstruction or impediment to use as an exit if there is a fire; and

(b) free of unlawful locks or unlawful locking devices; and

(c) clear of flammable material.

(2)  The occupier of a prescribed building or a place of open-air public entertainment must ensure that each of its required exits is kept clear at all times.

Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.

(3)  In any proceedings for an offence under subregulation (2) in respect of a prescribed building, it is a defence if the defendant establishes that, at the relevant time –

(a) lawful building works were being done in the prescribed building; and

(b) those works were being done as quickly as practicable; and

(c) the obstruction of the relevant exit was an unavoidable consequence of those works or had been approved by a building surveyor for the purposes of those works.