296.This section applies to adult residents of a residential unit and the owners of residential units, where those units are in an occupied regulated building (“occupied” and “owner” are defined in section 136).
297.Subsection (2)(a) provides that such persons must not do any act in, on or in relation to, any of the common parts of the building that creates a significant risk of a fire safety risk materialising in relation to the building. Subsection (2)(b) provides that such persons must not do any act in, on or in relation to their residential unit that creates a significant risk, or significantly increases any existing risk that, if fire breaks out in their residential unit, the fire will spread from the unit. Subsection (2)(c) provides that such persons, must not, without a reasonable excuse, remove, damage, or interfere with the functioning of anything that is in, or forms part of any of the common parts of the building and is intended to improve the safety of people in or about the building in relation to a fire safety risk.
298.Example: A resident stores combustible materials in a common part, charges an electric bike in a common part or has a barbeque on a balcony (a balcony is a common part, even if included in a demise of a residential unit – see subsection (3)). These would be a breach of section 54(2)(a) where that action creates a significant risk of a fire safety risk materialising in relation to the building.
299.Example: A resident installs a non-fire resistant flat front door or drills a hole between their residential unit and another without proper fire-stopping. These would be a breach of section 54(2)(b) where that action creates a significant risk or significantly increases any existing risk that, if fire breaks out in their residential unit, the fire will spread from the unit.
300.Those to whom this section applies must also comply with certain requests for information made by the principal accountable person and certain accountable persons, where that information is necessary to enable compliance with certain duties (related to the assessment and management of fire safety risks) (subsection (4)).
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 54 - Regulated buildings: fire safety duties of residents etc.