36Fire-fighting water supplies for timber, storage and freight yards

36 Fire-fighting water supplies for timber, storage and freight yards

(1)  In this regulation –

hazardous premises means –

(a) a timber yard; or

(b) a yard, or unfenced area of land, within a city or town boundary, that is used for the storage or more than 10 cubic metres of flammable material; or

(c) a wharf or wharf area that is used for the storage of flammable goods in transit; or

(d) land that is used for the storage of more than 10 cubic metres of flammable material, other than fodder or grain stored for use on the same land where the fodder or grain was produced;

on-site emergency personnel means persons who –

(a) work at hazardous premises; and

(b) have, whether on a voluntary basis or under the terms of their employment or engagement, any fire-safety responsibilities at those hazardous premises.

(2)  The occupier of hazardous premises must ensure that –

(a) the hazardous premises are provided with an approved water supply for fire-fighting; and

(b) the approved water supply is at all times ready for use if there is a fire or fire alarm; and

(c) members of the Fire Service and on-site emergency personnel are able to gain unobstructed access to the approved water supply for the purposes of paragraph (b) .

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)(a) or (b) , it is a defence if the defendant establishes that, at the relevant time –

(a) the relevant approved water supply required mains water; and

(b) mains water was not available at the hazardous premises for reasons beyond the defendant’s control.