Fire Safety Act · 2022 Revised Edition · Part · Fire Hazard in Premises
18. Power to order closure of premises in emergency
Official textFrom Attorney General's Chambers, unchanged
The Director may, if he is satisfied of the matters specified in section 17 and that it is necessary for the safety of persons that the premises should be closed immediately —
order the owner or occupier of the premises to close the premises immediately for such period not exceeding 72 hours as is specified in that order and as the Director considers necessary for the alleviation of the danger in question; or
if an order referred to in paragraph (a) cannot for any reason be given to the owner or occupier of the premises or if such an order, having been given to that owner or occupier, is not immediately obeyed, close the premises for such period not exceeding 72 hours as the Director considers necessary for the alleviation of the danger in question, using such force as is reasonably necessary for the removal from the premises of persons therein without doing them bodily harm.
The Director may exercise the powers under subsection (1)(a)
or (b) in respect of the occurrence of a fire hazard, whether or not the fire hazard has been abated since the service of a fire hazard abatement notice on the owner or occupier of the premises under section 16, if —
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;
within the 24 months immediately before that fire hazard arose, the same owner or occupier of the premises (as the case may be)
had been convicted of any combination of three or more offences under subsection (9) or section 16(5), 19(5) or 20(4) in respect of the premises, whether or not any of those offences related to a fire hazard similar to that fire hazard;
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the Director is satisfied that it is necessary for the safety of persons for the premises to be closed immediately; and
the Director has not previously exercised the powers under this subsection in respect of the same occurrence of the fire hazard.
The Director giving an order under subsection (1) or (2) shall do so —
in writing served on the owner or occupier of the premises in question; or
orally, in which case he shall, as soon as is practicable thereafter, serve on the owner or occupier of the premises in question, confirmation in writing of the contents of that order and of the time and place at which that order was so given, and shall cause a copy of that order or confirmation, as the case requires, to be affixed to that premises in a conspicuous position.
The Director may, if he considers that the danger to which an order given under subsection (1) or (2) relates has been alleviated, rescind that order.
Any police officer may, if requested by the Director or an authorised officer to do so, assist the Director or authorised officer in the exercise of any power conferred on the Director by this section.
authorised officer
“authorised officer” means any person appointed as such under section 4;
If the Director or an authorised officer considers that a danger in relation to which he has exercised the power conferred on him by subsection (1) or (2) cannot be, or has not been, alleviated within a period of 72 hours referred to in that subsection, he shall, having given prior notice of his intention to do so to the owner or occupier of the premises in question as is practicable in the circumstances, apply to a Court of a Magistrate for an order directing the owner or occupier to close or keep closed, as the case requires, that premises for such period as the Court considers necessary for the alleviation of that danger.
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;
A Court of a Magistrate may, on an application made to the Court under subsection (6), grant, subject to such conditions as the Court thinks fit to impose, the order sought by the application.
If an application is made to a Court of a Magistrate under subsection (6) while the premises in question is closed under subsection (1)
premises
“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;
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or (2), that closure shall continue until the application is finally determined or is withdrawn.
Any person who, without reasonable excuse, fails to comply with any closing order given by the Director under subsection (1) or (2) or the order made by the Court of a Magistrate under subsection (7) is guilty of an offence and liable on conviction —
to a fine not exceeding $100,000, imprisonment for a term not exceeding 12 months or both; and
in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction.
In considering whether it is necessary for the safety of persons for the premises to be closed immediately or whether a danger has been alleviated, in relation to the application of this section to a fire hazard, the
Director or the Court of a Magistrate (as the case may be) may consider whether that fire hazard —
is likely to recur in or on the premises; and
if it were to recur in or on the premises, would —
constitute an immediate or substantial danger of fire in or on the premises; or
be likely, if a fire breaks out in or on the premises, to increase the normal risk to life which occurs in the event of a fire.
Terms defined in this Act
authorised officer
Defined · s 2“authorised officer” means any person appointed as such under section 4;
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;
place
Defined · s 36“place” includes houses, yards and open spaces appurtenant thereto, buildings and footways and any underground space;
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
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Control of Petroleum and Flammable Materials
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