Fire Safety Act · 2022 Revised Edition · Part · Fire Hazard in Premises
16. Abatement of fire hazards
Official textFrom Attorney General's Chambers, unchanged
The Director may, if satisfied of the existence in or on any premises of any fire hazard, serve —
upon the person by reason of whose act, default or sufferance the fire hazard arose or continues;
if such person is the employee or agent of some other person, upon such other person; or
upon the owner or occupier of the premises in or on which such fire hazard exists,
Fire Safety a notice in writing requiring him to abate the fire hazard within the period specified in the notice, and to do all such things as may be necessary for that purpose, and to take all steps necessary to prevent the recurrence of such fire hazard.
The notice may, if the Director thinks fit, specify any works to be executed for the purposes mentioned in subsection (1).
The notice may, if the Director thinks fit, require the person on whom the notice is served under subsection (1) to submit, within the period specified in the notice, a fire hazard mitigation plan to prevent such fire hazard from recurring in or on the premises.
fire hazard
“fire hazard” means any matter or circumstance which materially increases the likelihood of fire or the danger to life or property that would result from the outbreak of fire and includes — (a) any alteration to any building in contravention of any written law relating to building works or fire safety works such as might render escape in the event of fire more difficult; (b) the overcrowding of any public building or any building used occasionally or regularly for public worship or religious ceremonies such as might render escape in the event of fire more difficult; (c) any removal from any building of any fire safety measure which was provided in such building in accordance with plans approved by the Director under section 26; (d) the presence in any building of any fire safety measure which from lack of proper maintenance or for any other reason is not in efficient working order; (e) the obstruction of escape routes, passageways, common property or limited common property of any building such as might render escape in the event of fire more difficult; and (f) any other matter or circumstance which would materially hamper the Force in the discharge of its duties in the event of fire;
Where the person by reason of whose act, default or sufferance a fire hazard arose or continues cannot be found and it is clear that the fire hazard neither arose nor continues by reason of any act, default or sufferance on the part of the owner or occupier of the premises in or on which it exists, the Director may abate the hazard and may do what is necessary to prevent a recurrence thereof.
occupier
“occupier”, in relation to any premises, means the person in occupation of the premises or having the charge, management or control thereof and, in relation to any part of any premises different parts of which are occupied by different persons, means the person in occupation or having the charge, management or control of that part;
Where a fire hazard abatement notice has been served on any person under subsection (1) and that person —
fire hazard abatement notice
“fire hazard abatement notice” means a notice in writing issued by the Director under section 16(1);
fails to comply with any of the requirements within the time specified in the notice; or
fails to take such steps as are specified in the notice to prevent the recurrence of the fire hazard, he is, whether or not an order under section 19 has been made in respect of him, guilty of an offence.
Terms defined in s 2
fire hazard
Defined · s 2“fire hazard” means any matter or circumstance which materially increases the likelihood of fire or the danger to life or property that would result from the outbreak of fire and includes — (a) any alteration to any building in contravention of any written law relating to building works or fire safety works such as might render escape in the event of fire more difficult; (b) the overcrowding of any public building or any building used occasionally or regularly for public worship or religious ceremonies such as might render escape in the event of fire more difficult; (c) any removal from any building of any fire safety measure which was provided in such building in accordance with plans approved by the Director under section 26; (d) the presence in any building of any fire safety measure which from lack of proper maintenance or for any other reason is not in efficient working order; (e) the obstruction of escape routes, passageways, common property or limited common property of any building such as might render escape in the event of fire more difficult; and (f) any other matter or circumstance which would materially hamper the Force in the discharge of its duties in the event of fire;
fire hazard abatement notice
Defined · s 2“fire hazard abatement notice” means a notice in writing issued by the Director under section 16(1);
occupier
Defined · s 2“occupier”, in relation to any premises, means the person in occupation of the premises or having the charge, management or control thereof and, in relation to any part of any premises different parts of which are occupied by different persons, means the person in occupation or having the charge, management or control of that part;
premises
Defined · s 2“premises” includes messuages, houses, buildings, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built or not, whether public or private, and whether or not maintained under statutory authority;
Part
Fire Prevention in Buildings
Part
Control of Fire Safety Works
Part
Control of Petroleum and Flammable Materials
Part