Fire Brigades Act, 1940

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Fire precautions notices.

7.—(1) In this section—

the word “proprietor” includes the successor in title of a proprietor, and

the word “building” means a building, structure, or erection (whether permanent or temporary) of any kind or of any materials, and,

where different persons are the proprietors of different parts of a building, each such part of such building shall, for the purposes of this section, be deemed to be a building and the proprietor thereof shall be deemed to be the proprietor of a building.

(2) A sanitary authority may serve on the proprietor of any building which appears to such sanitary authority to be a potentially dangerous building a notice (in this Act referred to as a fire precautions notice) requiring him either—

(a) to refrain absolutely from using such building, or a specified part of such building, for the purpose or any of the purposes specified in such notice, or

(b) 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 unless or until specified precautions are taken to the satisfaction of such sanitary 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 whatsoever.

(3) The following provisions shall apply and have effect in relation to every fire precautions notice served by a sanitary authority, that is to say:—

(a) where such notice is addressed to the proprietor of the building to which it relates by his name, it may be served by delivering it to such proprietor or by delivering it at the said building to a person over the age of sixteen years who is resident or employed in the said building or by sending it in a prepaid registered letter addressed to such proprietor at the said building;

(b) where the name of such proprietor is unknown or cannot be ascertained such notice may be addressed to “the proprietor” without naming him and may be served by delivering it at the building to which it relates to a person over the age of sixteen years who is resident or employed in that building or, if no such person can be found, by affixing it in a conspicuous position on the said building;

(c) every such notice shall specify a time within which the requirements thereof are to be complied with;

(d) such proprietor may, within fourteen days from the date of the service of such notice on him, appeal therefrom to the District Court on any one or more of the following grounds, that is to say:—

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

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

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

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

(e) notice of every such appeal shall be given to the sanitary authority, and that authority shall be entitled to appear and be heard on the hearing of such appeal;

(f) on the hearing of any such appeal, the District Court may, as it shall think proper, either—

(i) confirm such notice unconditionally, or

(ii) confirm such notice subject to such modifications, alterations, or additions as the said Court thinks reasonable, or

(iii) annul such notice;

(g) no appeal shall lie from a decision of the District Court on an appeal to that Court under this sub-section;

(h) where the District Court confirms such notice subject to modifications, alterations, or additions, such notice shall have effect with and subject to such modifications, alterations, or additions;

(i) such notice shall be of no force or effect until either—

(i) in case no such appeal is taken therefrom, the expiration of fourteen days from the date of service thereof, or

(ii) in case such appeal is taken and such notice is confirmed, whether with or without modifications, the date upon which the decision of the District Court on the hearing thereof is pronounced;

(j) the jurisdiction conferred on the District Court by this sub-section shall be exercised by the justice of that Court having jurisdiction in the district court area in which such building is situate.

(4) If either—

(a) the proprietor 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

contravenes or causes or permits a contravention (whether by act or omission) of such notice, such proprietor or such other person (as the case may be) shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds, and, in the case of a continuing offence, to a further fine not exceeding five pounds for every day during which the offence is continued.

(5) Notwithstanding anything contained in this section, where a building has been used for a particular purpose for at least six months prior to the passing of this Act and continues to be so used for at least six months after such passing, no fire precautions notice requiring such proprietor to refrain (either absolutely or until compliance with specified requirements) from using such building or a part thereof for the purpose for which it was so used shall come into force before the expiration of six months from the date of the passing of this Act.