FIRE SERVICES ACT (NORTHERN IRELAND) 1969

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FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 10



10.(1) In this section the expression "potentially dangerous building" means a
building, structure or erection of any kind or of any materials (other than a
factory to which section 41 of the Factories Act (Northern Ireland) 1965
applies or premises to which the Office and Shop Premises Act (Northern
Ireland) 1966 applies) which in the event of a fire occurring therein or in
any adjoining building or place would constitute a peculiarly grave danger to
life by reason of

(i)the fact that large numbers of persons habitually resort thereto or are
accommodated therein;

(ii)the absence of any or any adequate appliances or fittings for
extinguishing fires occurring therein or for enabling the occupants thereof to
escape therefrom on the occurrence of a fire;

(iii)the inflammable nature of the materials of which it is made;

(iv)the fact that articles of an inflammable nature are habitually kept
therein;

(v)the absence of adequate means of exit therefrom; or

(vi)any other cause.

(2) [The fire authority] may serve on the owner of any building which appears
to [it] to be a potentially dangerous building a notice (in this section
referred to as "a fire precautions notice") requiring him to refrain from
using such building, or a specified part of such building, for the purpose or
any of the purposes specified in such notice either

(a)absolutely; or

(b)until specified precautions are taken to the satisfaction of the
fire authority whether by the provision in such building of specified
appliances or fittings or by the execution of specified structural alterations
or additions to such building, or by the doing in relation to such building of
any other thing whatever.

(3) A fire precautions notice shall in every case specify a time within which
the requirements thereof are to be complied with.

(4) An owner of a building may within fourteen days from the date of the
service upon him of a fire precautions notice appeal to the county court for
the division where that building is situate on any one or more than one of the
following grounds, that is to say:

(i)that such building is not a potentially dangerous building within the
meaning of this section;

(ii)that such notice is unreasonable because of the improbability of a fire
occurring in or near such building or because of the improbability of serious
danger to life or property arising from any such fire;

(iii)that compliance with the requirements of such notice would involve
unreasonable expense or an unreasonable interference with the user of such
building;

(iv)that such notice specifies an unreasonably short time for complying with
the requirements thereof;

(5) The court upon the hearing of an appeal under subsection (4) may either

(a)confirm the fire precautions notice either without modification or subject
to such modifications, amendments or additions as it thinks fit; or

(b)annul the fire precautions notice;

(6) A fire precautions notice shall take effect

(a)where no appeal is taken therefrom, on the expiration of fourteen days from
the date of service thereof;

(b)where an appeal is taken therefrom and such notice is confirmed whether
with or without modifications, alterations or additions, on the date upon
which the decision of the court on the hearing thereof is pronounced.

(7) If either

(a)the owner of a building in respect of which a fire precautions notice is in
force; or

(b)any other person having control of such building who knows that such fire
precautions notice is in force in respect of such building;

(i)on summary conviction thereof to a fine not exceeding fifty pounds;

(ii)on conviction thereof on indictment to a fine not exceeding one hundred
pounds or to imprisonment for a term not exceeding six months, or to both;

(iii)on conviction in any case of a continuing offence to a further fine not
exceeding five pounds for every day during which the offence is continued.

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Northern Irish Legislation

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 10