South Australian Current Acts

FIRE AND EMERGENCY SERVICES ACT 2005 - SECT 37

37—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)         non-compliance with the requirements of this or any other Act,

he or she 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.