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233. Certification for fire safety

(1) An employer or a person in control of an industrial establishment shall ensure that his or her industrial establishment is certified every 24 months by the Chief Fire Officer as having means of escape, in the case of fire, by the persons employed therein as may reasonably be required in the circumstances of each case.

(2) Subject to subsection (3), where a certificate is not in force in respect of premises used as an industrial establishment, the employer or person in control commits an offence and is liable on summary conviction to a fine not exceeding $5,000 or on second or subsequent conviction for this offence to a fine not exceeding $500 for each day on which the offence continues after conviction for the prior offence.

(3) Subject to subsection (4), an employer or a person in control of an industrial establishment that was occupied before the date of commencement of this Act, shall be deemed to have complied with this section if, within 3 months of the coming into operation of this Division, he or she applies in writing to the Chief Fire Officer for a certificate under this Division; and the employer or person in control may continue to operate the place of employment until the Chief Fire Officer has determined the application.

(4) The Chief Fire Officer may, after consultation with the Department of Labour, extend the time period referred to in subsection (3) having regard to all the circumstances.

(5) It shall be the duty of the Chief Fire Officer to examine the industrial establishment and on being satisfied that subsection (3) is complied with, issue a certificate to that effect, and where that subsection is not complied with, the Chief Fire Officer may, by notice in writing, require the employer or person in control to make such alteration, within such period as may be specified in the notice.

(6) The Chief Fire Officer may extend the period specified in the notice if satisfied that the employer is taking or has taken reasonable steps to make the alternations.

(7) An employer who fails to comply with a notice under subsection (5), within the period specified in the notice or the extended period under subsection (6), commits an offence and is liable to a fine not exceeding $5,000.

(8) The certificate issued under subsection (5), which shall be kept on the premises by an employer or person in control and made available for inspection by the Chief Fire Officer or the Department of Labour, shall specify precisely and in details the means of escape provided and shall contain particulars as to—
1. (a) the maximum number of persons employed or proposed to be employed in the industrial establishment as a whole and, where appropriate, the maximum number in any specified part;
1. (b) explosive or highly flammable materials stored or used;
1. (c) the nature and frequency of the periodic fire-fighting drills;
1. (d) the purposes for which the premises are used;
1. (e) the means for giving warning in the event of a fire;
1. (f) the means available to persons on the premises for fighting fire;
1. (g) the measures for securing the means of escape; and
1. (h) any other matters taken into account in granting the certificate,

and the Chief Fire Officer shall send a copy of the certificate to both the Physical Planning and Development Division who shall consult with the Department of Labour.