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Withdrawal of fire safety notice.
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32.—The Act of 1981 is amended by the insertion after section 21 of the following section:
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“21A.—(1) Where a fire safety notice has been served under section 20 or confirmed under section 21 the owner or occupier of the building concerned may, subject to subsection (2), apply to the fire authority concerned requesting that the fire authority withdraw the fire safety notice.
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(2) An owner or occupier shall furnish the fire authority with any necessary information concerning compliance with the matters specified in the fire safety notice when making an application under subsection (1).
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(3) The fire authority may withdraw the fire safety notice if it is satisfied that the matters referred to in that fire safety notice have been complied with or may refuse the application to withdraw such notice and where an application is refused the fire authority shall state the reasons in writing for the refusal to the owner or occupier making the application.
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(4) Where an application has been made under subsection (1) and the fire authority refuses to withdraw the fire safety notice, the owner or the occupier concerned may, not later than 4 weeks from the date on which that owner or occupier received notification of the decision or such later date as may be permitted by the District Court, appeal against the decision of the fire authority to the District Court for an order directing the fire authority to withdraw the fire safety notice.
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(5) An application under subsection (4) shall be on notice to the fire authority concerned.
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(6) At the hearing of an appeal under this section, the District Court may—
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(a) dismiss the appeal and affirm the refusal of the fire authority to withdraw the fire safety notice, or
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(b) allow the appeal and direct the fire authority to withdraw the fire safety notice.
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(7) Where a fire safety notice has been withdrawn by a fire authority under subsection (3) or in accordance with a District Court order under subsection (6) (b), the fire authority concerned shall enter the relevant particulars into the register referred to in section 20(8).
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(8) The jurisdiction conferred on the District Court under this section shall be exercised by the Judge of the District Court for the time being assigned to the district court district in which the building is situated.
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(9) No appeal shall lie to the Circuit Court from a decision of the District Court under this section.”.
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