Kaitāia's Hike and Bike hostel owner David Fisher says he won't leave, despite Far North District Council issuing him with a dangerous building notice, and several fines for ignoring it, over problems with its fire alarm system. Photo / Mike Dinsdale
Kaitāia's Hike and Bike hostel owner David Fisher says he won't leave, despite Far North District Council issuing him with a dangerous building notice, and several fines for ignoring it, over problems with its fire alarm system. Photo / Mike Dinsdale
The owner of a Kaitāia hostel ordered to close after Far North District Council issued a dangerous building notice after he repeatedly turned off its fire alarms has been issued fines for ignoring the order.
Defiant Hike and Bike owner David Fisher said despite issues with getting the fire alarmsystem and building approved - and admitting turning the system off - he won’t close. Fisher said that would leave 10-12 tenants out on the street, with little accommodation available in the town.
The council issued the notice at the start of the month, with Kevin Johnson, group manager of delivery and operations, saying it was due to the building owner turning off the fire alarm. As a result, Johnson said, no independent qualified person (IQP) will inspect the building and issue a building warrant of fitness (BWOF).
“Without fire safety compliance, the building is deemed to be dangerous. A notice confirming this has been fixed to the building entrance.
“After issuing the notice, all tenants must vacate the building. If people continue to use the building for accommodation while it is classed as dangerous, the council will infringe the building owner.”
However, in light of Fisher’s refusal to close, the council has taken follow-up action.
Johnson said to date, the council has issued the owner with a dangerous building notice and has issued an infringement notice of $1500 under section 116B1) a) of the Building Act 2004.
“We are aware that a dangerous building notice was removed from the building and the owner was infringed $500,” he said.
He said a council compliance officer checked the building at 4.30pm last Tuesday to see if the tenants have been removed by the owner.
"Tenants were found to be in the building and the building owner was reminded of his obligations.”
Johnson said a compliance officer will return to the building, on Kaitāia’s Commerce St, and if there are still tenants in the building an infringement of $1500 will be issued and for each subsequent day while tenants remain there.
He said only the tenants are required to move out and should have been removed the day the notice was issued, and the owner can remain in the building while he makes the fire alarm serviceable.
“If the owner does not wish to use the building as accommodation, he can convert it to residential use only," Johnson said.
If the Hike and Bike hostel closes due to concerns over its fire alarm system, 10-12 people will be left homeless in a town with no accommodation, building owner David Fisher says. Photo / Mike Dinsdale
He said premises with free and open access will typically be classified as premises intended for public use under the 2004 Building Act.
“The council uses the VADE (Voluntary, Assisted, Directed, Enforced) model of enforcement which allows for a scaled approach to enforcement. However, when an owner repeatedly allows buildings to become unsafe for those using them, we must use the legislation to remove the risk to the public.”
“This is the culmination of repeated failures to adhere to fire safety regulations over the last five years. During annual inspections in the past, the building has been found to be without operating fire alarms - they have been switched off. The building owner has then complied with safety requirements allowing a BWOF to be issued,” Johnson said.
Fisher suggested the council could give him help to get up to the standards they require. He understood the need for safety rules and regulations and he was trying to comply with them, and he admitted that he did turn the alarms off.
