1986 Ed.]
Fire Services
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(2) Where the person by reason of whose act, default or sufferance a fire hazard arose or continues cannot be found and it is clear that the fire hazard neither arose nor continues by reason of any act, default or sufferance on the part of the owner, tenant, occupier or person in charge of the premises in or on which it exists, the Director may abate the hazard and may do what is necessary to prevent a recurrence thereof. (Amended, 54 of 1986, s. 3)
(3) Where a fire hazard abatement notice is served on any person pursuant to subsection (1), then, if either-
(a) the fire hazard to which the notice relates arose by reason of the wilful act or default of that person; or
(b) that person fails to comply with any of the requirements of the notice within the time specified therein,
he shall (whether or not an order under subsection (4) has been made in respect of him) be guilty of an offence and shall be liable to a fine of $25,000 and, where the offence is the failure to comply with any of the requirements of a notice within the time specified therein, to a fine of $2,500 for each day during which the offence continues. (Amended, 25 of 1982, s. 3)
(3AA) Where at any time any person is convicted of an offence under subsection (3), the magistrate may of his own motion or upon the application of the Director, make an order in respect of that person in Form 3 in the Fifth Schedule (in this section referred to as a "fire hazard order"). (Added, 54 of 1986, s. 3)
(3AB) A fire hazard order shall be in addition to any penalty imposed in respect of an offence under subsection (3). (Added, 54 of 1986, s. 3)
(3A) Where a fire hazard abatement notice is served on any person under subsection (1) and-
(a) that person—
(i) fails to abate the fire hazard within the time specified in the notice; or
(ii) causes, permits or suffers the fire hazard to recur at any time within a period of 12 months after the date of service of the notice; and
(b) the Director is satisfied that the fire hazard to which the notice relates-
(i) constitutes an immediate and substantial danger of fire in or on the premises; or
(ii) is likely, if fire breaks out in or on the premises, to increase substantially the normal risk to life which occurs in the event of a fire,
the Director may cause to be carried out in or on the premises such work as appears to him to be necessary to abate the fire hazard and to prevent a recurrence thereof. (Replaced, 54 of 1986, s. 3)
Fifth Schedule.
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Page 11
1986 Ed.]
Fire Services
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9
(2) Where the person by reason of whose act, default or sufferance a fire hazard arose or continues cannot be found and it is clear that the fire hazard neither arose nor continues by reason of any act, default or sufferance on the part of the owner, tenant, occupier or person in charge of the premises in or on which it exists, the Director may abate the hazard and may do what is necessary to prevent a recurrence thereof. (Amended, 54 of 1986, s. 3)
(3) Where a fire hazard abatement notice is served on any person pursuant to subsection (1), then, if either-
(a) the fire hazard to which the notice relates arose by reason
of the wilful act or default of that person; or
(b) that person fails to comply with any of the requirements of
the notice within the time specified therein,
he shall (whether or not an order under subsection (4) has been made in respect of him) be guilty of an offence and shall be liable to a fine of $25,000 and, where the offence is the failure to comply with any of the requirements of a notice within the time specified therein, to a fine of $2,500 for each day during which the offence continues. (Amended, 25 of 1982, s. 3)
(3AA) Where at any time any person is convicted of an offence under subsection (3), the magistrate may of his own motion or upon the application of the Director, make an order in respect of that person in Form 3 in the Fifth Schedule (in this section referred to as a "fire hazard order"). (Added, 54 of 1986, s. 3)
(3AB) A fire hazard order shall be in addition to any penalty imposed in respect of an offence under subsection (3). (Added, 54 of 1986, s. 3)
(3A) Where a fire hazard abatement notice is served on any person under subsection (1) and-
(a) that person—
(i) fails to abate the fire hazard within the time specified in the notice; or
(ii) causes, permits or suffers the fire hazard to recur at any time within a period of 12 months after the date of service of the notice; and
(b) the Director is satisfied that the fire hazard to which the
notice relates-
(i) constitutes an immediate and substantial danger of fire in or on the premises; or
(ii) is likely, if fire breaks out in or on the premises, to increase substantially the normal risk to life which occurs in the event of a fire,
the Director may cause to be carried out in or on the premises such work as appears to him to be necessary to abate the fire hazard and to prevent a recurrence thereof. (Replaced, 54 of 1986, s. 3)
Fifth Schedule.
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