Revised Laws of Saint Lucia (2021)

PART 9
MISCELLANEOUS

23.   Hazard inspections

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    (1)   For the purposes of this Act there shall be appointed by the Public Service Commission such hazard inspectors as are required.

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    (2)   Where a hazard inspector reasonably suspects any premises of being in a condition that poses a danger or serious injury to persons in the event of an emergency or disaster, the hazard inspector may apply to the Magistrate for an order to enter and inspect those premises for hazards.

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    (3)   If a Magistrate is satisfied, on evidence on oath by a hazard inspector, that the condition of any premises is reasonably suspected of posing a danger of serious injury to persons in the event of an emergency or a disaster, the Magistrate may issue or renew an order authorising the hazard inspector to enter and inspect those premises for hazards.

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    (4)   An order under this section expires not later than 30 days after the date on which it is made, and may be renewed before expiry for one or more periods each of which is not more than 30 days.

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    (5)   An order under this section shall be carried out during daylight hours unless the order authorises otherwise.

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    (6)   The Director shall annually provide himself or herself and each hazard inspector with a distinctive badge, tag or other identification device which may conveniently be carried by him or her and each hazard inspector while engaged in the performance of their duties under this section.

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    (7)   A hazard inspector who exercises a power under this section shall identify himself or herself as a hazard inspector to any person in control of the premises to be inspected at the time of the inspection, by the production of his or her hazard inspector's badge, tag or other identification device issued under subsection (6) and the order of the Magistrate issued under subsection (3) and shall explain the purpose of the inspection.

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    (8)   An order under this section may be issued or renewed on application notwithstanding that no notice of the application is given to any person who may be affected thereby.

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    (9)   A hazard inspector shall prepare a report on the results of any inspection carried out under this section, and shall, in addition to complying with subsection (10), submit a copy of the report to the occupier of the premises, the Director and the Magistrate.

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    (10)   Where the hazard inspector is of the opinion, after carrying out an inspection under this section, that the condition of any premises poses a danger of serious injury to persons in the event of an emergency or a disaster, the Hazard inspector shall inform the Director in writing of the same.

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    (11)   Where the Director receives information under subsection (10) from the hazard inspector, the Director shall request that the owner of the premises take remedial action within a specified period of time, subject to subsection (12), with or without the assistance NEMO.

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    (12)   The assistance of NEMO may be at a fee to the owner to be specified by the Director.

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    (13)   An owner of premises who fails to comply with a request made under subsection (11) commits an offence and upon summary conviction is liable to a fine not exceeding $3,000 or to imprisonment for a term not exceeding one year or to both and to a further fine of $100 for every day during which the offence continues.

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    (14)   Where the condition of the premises which gives rise to the danger under subsection (10) constitutes a violation of any other law, the Director shall send a copy of the report to the Ministry, Department or other body responsible for the administration of that other law, and notify the owner of the premises that the report has been supplied to the Ministry or Department or other body responsible.

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    (15)   A report of a hazard inspector under this section shall be admissible in any legal proceedings as evidence of the truth of the report's findings of fact, whether or not the State is a party to such proceedings.