(1)  A person, being the occupier of any building within any town, shall not fail to prevent any chimney in such building taking fire.

(1A)  A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding one penalty unit.

(2)  It shall be a good defence to any complaint under this section to prove that such chimney has been swept within 3 months before the day on which such fire took place.