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FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 42

Means of escape in case of fire maintenance, inspection, etc.

42.(1) All means of escape specified in a certificate under section 41 shall
be properly maintained and kept free from obstruction.

(2) After a certificate under section 41 has been given with respect to any
factory, the fire authority may examine the factory and every part thereof for
the purpose of ascertaining whether there has been a change of conditions by
reason of which the existing means of escape in case of fire have become
insufficient.

(3) If, after the grant of such a certificate, it is proposed to make any
material extension or material structural alteration of the factory premises
or to increase materially the number of persons employed in the factory or in
any part specified in the certificate, or to begin to store or use explosive
or highly inflammable material in the factory or materially to increase the
extent of such storage or use, the occupier shall give notice in writing of
the proposal to the fire authority.

(4) If the fire authority on receipt of the notice [is] of opinion that the
conditions in regard to escape in case of fire will be affected, or if at any
time [it is] satisfied that by reason of changed conditions the existing means
of escape have become insufficient, [it] may by notice in writing require
the occupier to make such alterations, within such period, as may be specified
in the notice.

(5) If it appears to an inspector that dangerous conditions in regard to
escape in case of fire exist in any factory to which section 41 applies
the Ministry may give notice thereof in writing to the fire authority, and it
shall be the duty of the authority forthwith to examine the factory, and [it]
may by notice in writing require the occupier to make such alterations, within
such period, as may be specified in the notice.

(6) The occupier shall, within the period specified in any notice of
the fire authority under this section, carry out any alterations required by
the notice, and upon their being carried out the authority shall amend the
certificate or issue a new certificate; and if the alterations are not so
carried out, the authority shall, without prejudice to the taking of other
proceedings, cancel the certificate.

(7) If it appears to an inspector that the conditions in regard to escape in
case of fire in any factory to which section 41 applies are so dangerous that
the factory or any part thereof ought not to be used, or ought not to be used
for a particular process or work, until steps have been taken to remedy the
danger, he may, in lieu of serving a notice on the fire authority under the
foregoing provisions of this section, make a complaint to a court of summary
jurisdiction, and the court may, on being satisfied of those matters, by order
prohibit the use of the factory or part thereof, or its use for the particular
process or work, until such works have been executed as are in the opinion of
the court necessary to remedy the danger.


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© 1965 Crown Copyright

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