Queensland Consolidated Acts

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FIRE AND RESCUE SERVICE ACT 1990 - SECT 104D

104D Occupier of building to maintain prescribed fire safety installations

(1) The occupier of a building must maintain at all times every prescribed fire safety installation to a standard of safety and reliability in the event of fire.

Maximum penalty—

(a) if the contravention causes multiple deaths—2000 penalty units or 3 years imprisonment; or
(b) if the contravention causes death or grievous bodily harm—1000 penalty units or 2 years imprisonment; or
(c) if the contravention causes bodily harm—750 penalty units or 1 year's imprisonment; or
(d) if the contravention causes substantial property loss—500 penalty units or 6 months imprisonment; or
(e) otherwise—100 penalty units.

(2) It is a defence to a charge made under this Act that an occupier of a building, in contravention of subsection (1), has failed to maintain in the building a prescribed fire safety installation for the defendant to prove—

(a) that the prescribed fire safety installation would not be required to be maintained in the building if the building were constructed at the time of the alleged offence and was unnecessary for the purposes of fire safety; or
(b) that in lieu of the prescribed fire safety installation there is maintained a fire safety installation of equivalent or greater effectiveness.

(3) For the purposes of this section—

Act includes any Act and any proclamation, order in council, regulation, rule, local law or other instrument of subordinate legislation made under any Act, whenever passed or made whether or not it has ceased to exist.

prescribed fire safety installation means a fire safety installation—

(a) that was at any time required to be maintained in the building in question by or under any Act, including as a prerequisite to the granting of any approval or the issue of any notice, certificate or instrument; and
(b) that was not at any time authorised by or under any Act to be no longer maintained.


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