Salzburg hotel fire inspections: When does the five-year interval apply?

Section 10(2)(2)(b) of the Salzburg Fire Police Ordinance 1973 requires a fire inspection at least every five years for hospitality businesses that provide accommodation for more than ten guests. The statutory rule concerns the business category and its accommodation use.

The same provision sets a separate threshold for hospitality businesses with more than 100 seats used to serve food or drinks. Section 10(2) also lists building classes with different inspection arrangements, so a mixed-use property needs a precise classification.

The inspection concerns fire safety in the building. The accommodation and guest-admission topic page explains the operational context. Private-law performance issues are covered separately on the tourism contract and liability page.

A fire inspection is an official inspection of a building from a fire-safety perspective. Under Section 10(1), it takes place in the presence of the property owner or a person appointed by the owner. Its purpose is to establish whether the building is in proper and satisfactory condition under fire-police requirements.

Section 11 sets out the scope. It includes dangerous building conditions, storage of combustible materials, clear escape routes, electrical installations and lightning protection, extinguishing equipment, and access and working areas for the fire brigade. The inspection also considers legally required maintenance and inspection duties for technical fire-safety equipment.

The result must be recorded in writing. The 10-year period in Section 10(2) is the general rule, read together with the different intervals and exemptions listed in the same paragraph. For hospitality accommodation for more than ten guests, the expressly listed five-year category must be considered first.

Section 10(2)(2)(b) names hospitality businesses used to accommodate more than ten guests. A fire inspection must take place at least every five years for that category. The wording refers to hospitality accommodation, rather than every building that happens to be called a hotel.

The same provision also covers hospitality businesses with more than 100 seats if they serve food or drinks. This is a separate statutory basis. A business may therefore fall into the five-year class through the seating rule even where accommodation is not its principal offer.

Section 10(2) also lists buildings without a regularly recurring inspection and further five-year categories. For hotels with additional commercial uses, several building areas or a special classification, ask the fire-police authority to confirm how the property is classified. That keeps the assessment tied to the building and its actual use.

The statutory wording requires more than ten guests. Exactly ten do not meet this particular category; eleven or more are above the stated number. The Ordinance sets a guest threshold and gives no separate conversion formula based on rooms or beds.

The provision describes a hospitality business that serves to accommodate those guests. It gives no calculation rule in this paragraph for bed capacity, maximum occupancy or seasonal use. Operators should therefore consider the way the business actually operates, the accommodation offered and the authority’s classification of the property together.

A smaller business can still fall within another five-year category if its criteria are met. The guest threshold should not be extended to every holiday apartment or tourist offer without checking the statutory description. The legal business category remains central.

The inspection takes place in the presence of the property owner or an appointed representative. The local fire brigade commander, or a senior fire brigade member sent by that commander, must attend. An expert in preventive fire protection also takes part unless the person leading the inspection performs that role. Further experts may be involved for particular reasons.

An inspection required under Section 10(2) must be announced in the customary manner and notified to the owner in writing in good time. Once notified, the owner must inform the other people affected by the inspection. Every person who has been notified or informed must cooperate and provide requested information.

The inspection must not be obstructed. The law also requires it to be carried out with due consideration and without unnecessary inconvenience. Operators can help the visit run smoothly by arranging an available contact person and timely access to relevant rooms.

Section 11(1) calls for a comprehensive review of the building’s fire safety. The inspection covers dangerous building defects and other hazards, storage of readily combustible substances, protective clearances and unobstructed escape routes. Fireplaces, smoke and exhaust ducts, and the facilities needed for sweeping are also included.

Electrical lighting and power installations, equipment and lightning protection are assessed for fire safety. The authority also checks required extinguishing equipment, accessible water supplies, and clear access and set-down areas for the fire brigade. Required maintenance and inspection obligations for technical fire-safety systems form part of the check.

The inspection also includes the necessary instructions on conduct when a fire hazard arises or a fire breaks out. Its findings are recorded. The documents relevant to a particular property depend on its installed equipment and the applicable requirements.

Section 10(6) gives a property owner an alternative where a fire inspection is required. The building’s proper and fire-safe condition may be shown through an inspection report by an expert authorised and qualified in preventive fire protection. A member of the local fire brigade referred to in Section 10(3)(1) must be involved in good time.

The report must reach the fire-police authority no later than four weeks before the scheduled inspection. If the statutory conditions are met, the inspection obligation under Section 10(2) ceases for the period that follows. The person issuing the report must record its submission in the database established by the Salzburg provincial government.

This route therefore requires a qualified report, timely involvement of the specified fire brigade member and submission within the deadline. An ordinary maintenance invoice or an unrelated inspection report does not meet those requirements on its own. Anyone considering this option should agree the procedure early with the fire-police authority and the expert.

Regular chimney sweeping and technical maintenance serve important purposes. They do not automatically amount to the statutory fire inspection. Section 11(1)(5) requires the inspection to consider maintenance and review obligations for technical fire-safety equipment. Maintenance records can therefore be relevant evidence.

In 1 Ob 62/24k of 27 May 2024, the Austrian Supreme Court considered a fire allegedly caused during chimney-cleaning work. The claimant relied on an alleged separate contract alongside official chimney-sweeping duties. The evidence did not establish that separate contract, and the Court dismissed the claim. The decision concerns chimney-cleaning work and official liability, not a hotel’s inspection interval. Section 10(6) sets out a separate expert-report route for replacing an inspection, subject to its requirements.

Hotel operators should keep official notices, inspection records, maintenance logs and any expert report in separate, clearly labelled files. This makes it easier to identify which document records maintenance and which may support the statutory route for a fire inspection.

Start by recording how the building is used, whether the business accommodates guests and how the more-than-ten threshold relates to the offer. For several uses or building areas, a short overview helps explain the operational and spatial arrangement. Also check whether another category in Section 10(2) could apply.

Find the last written notice, the record of the previous inspection and the documents for technical fire-safety equipment. Appoint a contact person who can arrange access to the relevant rooms and provide requested information. This preparation supports the process without adding duties beyond the law.

If an expert report is being considered, begin scheduling early. Involving the local fire brigade member and submitting the report at least four weeks before the inspection are part of the statutory process. Confirm a special building classification with the fire-police authority in advance.

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