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Contents (2001 - 648)
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Occupational Health and Safety Regulation 2001
Repealed version for 7 June 2011 to 31 December 2011 (accessed 8 April 2020 at 19:48)
174ZB   Fire protection
(1)  An occupier must ensure that:
(a)  the occupier’s premises are provided with a fire protection system that:
(i)  has been designed and constructed having taken account of any risk assessment of the premises, and
(ii)  is designed and constructed to take account of:
(A)  the types and quantities of dangerous goods and the conditions under which they are stored and handled, and
(B)  other materials and substances that make up the premises or are stored or handled at the premises, and
(iii)  is compatible with the dangerous goods and the other materials and substances and is effective in the control of incidents involving the types and quantities of dangerous goods and other materials and substances, and
(b)  the fire protection system is:
(i)  properly installed, tested and maintained, and
(ii)  at all times accessible to persons on the premises and to the relevant emergency services, and
(iii)  capable of being used, without adaptation or modification, with the equipment used by the New South Wales Fire Brigades and the NSW Rural Fire Service.
Maximum penalty: Level 4.
(2)  The occupier must, if any of the components of the fire protection system are rendered inoperative, ensure that:
(a)  the implications of any of the components of the system being unserviceable or inoperative are assessed, and
(b)  alternative measures are taken to control, to the same level of effectiveness, those risks that were controlled by the system when functioning fully, and
(c)  the fire protection system is returned to full operation as soon as is reasonably practicable.
Maximum penalty: Level 4.
(3)  If the implications of the system becoming unserviceable or inoperative, as assessed by the occupier under subclause (2) (a), include a significant reduction in the effectiveness of the fire protection system, the occupier must notify the relevant emergency services of the condition of the fire protection system.
Maximum penalty: Level 4.
(4)  In determining the alternative measures required under subclause (2) (b) the occupier must have regard to the need for:
(a)  the provision of alternative fire protection measures, and
(b)  a reduction of the quantities of dangerous goods stored or handled at the premises, and
(c)  stopping or reducing the processes used for the storage and handling of dangerous goods at the premises, and
(d)  modifications to systems of work at the premises.
Maximum penalty: Level 4.
(5)  In this clause, fire protection system includes fixed or portable fire detection, fire suppression and fire fighting equipment.