Fire Safety Act · 2022 Revised Edition · Part · Fire Hazard in Premises
20. Provision as to appeal against order
Official textFrom Attorney General's Chambers, unchanged
Where a person appeals to the High Court against a fire hazard order, the fire hazard order shall be suspended pending the determination or abandonment of the appeal.
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;
If the fire hazard order has not been quashed on appeal, the period for compliance with the requirements of the fire hazard order shall commence to run on the determination or abandonment of the appeal.
There shall be no appeal to the High Court against a fire hazard order, unless it is or includes a closing order or requires the execution of structural works.
If the appeal against a fire hazard order is dismissed or is abandoned, then notwithstanding subsections (1) and (2), the appellant is guilty of an offence and liable on conviction to a fine not exceeding $1,000
for every day or part thereof during the period prior to the dismissal or abandonment of the appeal when the fire hazard order was not complied with.
A fine under subsection (4) shall not be payable if the appellant satisfies the court before which proceedings are taken for the imposition of the fine that there was substantial ground for the appeal and that the appeal was not brought merely for the purpose of delay.
In the event of an appeal against a fire hazard order, no work, except as mentioned in subsection (7), shall be done under section 19(6) until after the determination or abandonment of the appeal.
Fire Safety
If the court by which the order was made is of the opinion that the nature of the fire hazard is such as to require immediate abatement, the court may, notwithstanding that the appeal is pending, authorise the Director immediately to abate the hazard.
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;
Part
Fire Prevention in Buildings
Part
Control of Fire Safety Works
Part
Control of Petroleum and Flammable Materials
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