Fire Safety Act · 2022 Revised Edition · Part · Fire Hazard in Premises
19. Fire hazard order
Official textFrom Attorney General's Chambers, unchanged
Where a fire hazard abatement notice is served on any person, and if —
fire hazard abatement notice
“fire hazard abatement notice” means a notice in writing issued by the Director under section 16(1);
that person fails to comply with any of the requirements of the notice within the time specified therein; or
the fire hazard, although abated since the service of the notice, is, in the opinion of the Director, likely to recur in or on the same premises,
Fire Safety the Director may make a complaint to the Court of a Magistrate and the
Court hearing the complaint may grant or refuse to grant a fire hazard order.
A fire hazard order referred to in subsection (1) may be —
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;
an abatement order, which requires a person to comply with all or any of the requirements of a fire hazard abatement notice in connection with which the order is made, or otherwise to abate the fire hazard or to do what may be necessary to prevent the recurrence of the fire hazard within the period specified in the order;
a prohibition order, which prohibits the use of any premises for such activities as are specified in the order which activities may materially increase the likelihood of fire or danger to life or property resulting from the outbreak of fire in or on the premises;
a closing order authorising the closure of any premises which is likely to be a danger to life or property in the event of fire; or
a combination of such orders.
An abatement order or a prohibition order shall, if the person in respect of whom the order is made so requires or if the Court of a Magistrate making the order considers it desirable, specify the works to be executed by such person for the purpose of abating, or of preventing the recurrence of, the fire hazard to which the order relates.
A Court of a Magistrate, if satisfied that any premises in respect of which a prohibition order or a closing order granted under section 18(7) or this section is in force has been rendered suitable for the use specified in the order, may, on application by the Director or the owner or occupier of the premises, declare that it is so satisfied and revoke the prohibition order or closing order.
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;
Any person in respect of whom a fire hazard order is made who, without reasonable excuse, fails to comply with the order is guilty of an offence and liable on conviction —
to a fine not exceeding $10,000 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;
or
Fire Safety 26
where the offence involves failure to comply with a closing order, 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.
Without prejudice to subsection (5), where a fire hazard order has not been complied with, the Director may abate the fire hazard and may do whatever may be necessary in the execution of the order, and may recover any expenses reasonably incurred thereby from the person against whom the order was made.
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
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