307.This section provides that if a person that falls within subsection (5) is aware of damage to a part of a residential unit in an occupied regulated building that gives rise to a significant risk, or significantly increases any existing risk, of fire spread from that unit, they must ensure the damage is repaired.
308.A person falls within subsection (5) if they are subject to a requirement under a lease or by virtue of an enactment (other than this section) to repair or maintain the part of the residential unit, or if there is no such person in relation to the part of the residential unit, they are the owner of the unit.
309.Example: a substantial water leak from a residential unit causes damage to the floor of one unit and the ceiling of the separate unit below. Where the persons within scope of this section are aware of the damage they will be under a duty, under this section, to repair it. This duty is on the person who has repairing obligations (within subsection (5)(a)) for each part (i.e., in respect of the floor of one and the ceiling of the other), or if there are no such persons, the owner of each residential unit.
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Chapter 8 - Duties of Residents and Owners Etc. of Residential Units Section 56 - Fire resistance of residential units: duty to repair