s 38 Fire safety managers and Company Emergency Response Teams
38.—(1) The Minister may, by notification in the Gazette, specify any premises or class of premises in which the owner or occupier of the premises is required to appoint fire safety managers and Company Emergency Response Teams in respect of such premises or class of premises.[14/2013] (2) The owner or occupier of the premises must ensure that the fire safety measures and fire safety practices of such premises comply with the requirements of this Act.[14/2013] (3) The fire safety manager and Company Emergency Response Team of the premises must —(a) assist the owner or occupier of the premises in the performance of the owner or occupier’s duties under this Act; and (b) perform such duties with respect to the premises as may be prescribed.[22/2019] (4) If the Commissioner is satisfied that any particular premises mentioned in subsection (1) are at-risk premises, the Commissioner may, by written notice given to the owner or occupier of the particular premises, require the owner or occupier to do all or any of the following:(a) establish and maintain for the particular premises a Company Emergency Response Team comprising a specified number of members that is higher than the number prescribed; (b) provide the Company Emergency Response Team for the particular premises with such additional pieces or types of fire safety equipment as the Commissioner considers necessary for the premises, in addition to that prescribed; (c) notify the Commissioner of any intended change in ownership or occupancy of the particular premises at least 14 days before the change in ownership or occupancy is to take effect.[22/2019] (5) Premises are at‑risk premises for the purposes of subsection (4) where —(a) the risk of fire occurring in or spreading in or from the particular premises is higher than that for other premises in general; or (b) the age, physical ability or such other characteristics of the individuals who occupy or frequent the particular premises render escape by these individuals in the event of fire more difficult.[22/2019] (6) Any person who contravenes subsection (2) or (3) or fails to comply with the Commissioner’s written notice under subsection (4) shall be guilty of an offence.[22/2019] (7) In a prosecution for an offence under subsection (6), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.[22/2019] (8) The offence under subsection (6) is a strict liability offence.[22 [22/2019]