Clause 11
New section 26A
of Civil Defence Shelter and Fire Safety (Miscellaneous Amendments) Bill
In the FS Act, after section 26, insert —“Offence relating to external fire safety measures26A.—
An owner of any external fire safety measure commits an offence if the owner causes, or does any act which is likely to cause —
the external fire safety measure not to be in proper working order; or
the obstruction of or any interference with the normal operation of the external fire safety measure such as might prevent or impede the timely and effective use of the external fire safety measure.
An owner of any external fire safety measure commits an offence if the owner knows or ought to know that the external fire safety measure is not in proper working order but does not take reasonable steps to restore the external fire safety measure to proper working order.
An owner of any external fire safety measure commits an offence if the owner knows or ought to know that —
there is an obstruction or interference as described in subsection (1)(b) in relation to the external fire safety measure; or
an obstruction or any interference as described in subsection (1)(b) in relation to the external fire safety measure is likely to occur,but does not take reasonable steps to remove the obstruction or bring the interference to an end or prevent the obstruction or interference from occurring, as the case may be.
The offences under subsection (1)(a) and (b) are strict liability offences.”.