Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) In this section:
"occupancy loading", in relation to an indoor public area, means the maximum number of people that the area can accommodate without involving a contravention of the building code, part D1.6.
(2) The chief officer (fire brigade) must, on receiving notice of the commissioner's decision under section 40 (2), give the commissioner the chief officer's written recommendation, made having regard to the building code, part D1.13, about the occupancy loading of each relevant indoor public area.
(3) On receiving the recommendation of chief officer (fire brigade), the commissioner must, by written notice given to the relevant licensee or applicant for a licence, decide the occupancy loading for each relevant indoor public area.
(4) In deciding the occupancy loading for an indoor public area, the commissioner—
(a) must have regard to the recommendation of chief officer (fire brigade); and
(b) may have regard to any other relevant matter, including, for example, the following:
(i) the fittings and standard of fittings available for the area; or
(ii) the location, standard and number of toilets available for the area.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(5) For subsection (1), the chief officer (fire brigade) may, by written notice to the licensee or applicant for a licence in relation to whose premises an occupancy loading for an indoor public area is to be decided, require that person to provide the chief officer (fire brigade) with a fire engineering study prepared in accordance with the notice within the period specified in the notice, or within any extended period approved by the chief officer (fire brigade) in writing.
(6) A notice under subsection (5) must require the fire engineering study to be prepared by a specified person, or by a person chosen from a specified list of people.
(7) If a person fails to comply with a notice under subsection (5), the chief officer (fire brigade) may cause a fire engineering study to be prepared for subsection (1).
(8) For the purposes of preparing a fire engineering study under subsection (7), a person authorised by the chief officer (fire brigade) in writing for the purpose may conduct the investigation that he or she considers necessary and reasonable.
(9) The licensee or the applicant for a licence whose premises are the subject of a fire engineering study being prepared under subsection (7) must give a person carrying out an investigation under subsection (6) all reasonable assistance, and all reasonable information, requested by the person.
(10) The amount of any expenses necessarily and reasonably incurred by or on behalf of the Territory in the course of the preparation of a fire engineering study under subsection (7) is a debt owing to the Territory by the licensee or the applicant for the licence whose premises are the subject of the study.