Fire Services Act 1990

The commissioner may decide a licensed building is an at risk licensed building if the commissioner is satisfied there is an unacceptable risk of overcrowding for the building.

In deciding the level of the risk of overcrowding, the commissioner must have regard to the following matters—

the building’s characteristics, including—

the number and location of exits in the building; and

the clear floor surface areas in the building; and

the flammability of the fixtures and fittings in the building; and

the prescribed fire safety installations in the building; and

whether occupants of the building can exit directly into open space or another place of safety;

how the building is used, including its classification under the Building Code of Australia;

the number of persons that use, or are likely to use, the building at any given time;

the mobility and other characteristics of the persons who use, or are likely to use, the building;

any fire safety system for the building.