Fire Safety Act · 2022 Revised Edition · Part · Control of Fire Safety Works
34. Closure order
Official textFrom Attorney General's Chambers, unchanged
Where the Director makes an order under section 33(4)(a)
requiring the closure of any building or cessation of use of any relevant pipeline or a part thereof, the order (referred to in this section as a closure order) shall be served —
building
“building” has the same meaning as in the Building Control Order, 2014;
where the closure order relates to the building, on the owner of the building;
where the closure order relates to a part of the building, on the occupier of that part of the building; or
where the closure order relates to a relevant pipeline, on the pipeline owner.
A closure order shall specify a date, not less than 14 days after the date of the closure order, on which the closure order shall take effect, and may require the person served —
where the order relates to a building or a part of the building, to cease to inhabit or use the building or that part thereof and to remove all goods, furniture and effects from the building or that part thereof before the closure order takes effect: or
where the order relates to a relevant pipeline, to cease using the pipeline or allowing it to be used.
Subject to subsection (5), where a closure order is in force in respect of a building or part thereof, as the case may be, no person other than a member in the course of his duty shall enter, be in or use the building or that part thereof to which the closure order relates at any time.
member
“member” means a person who is either a senior officer, a subordinate officer, or of the rank and file of the Fire and Rescue;
Any person who contravenes or fails to comply with subsection (3) is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 6 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.
Where a closure order is in force in respect of a building or part thereof, as the case may be, the Director may, if he thinks fit and subject to such conditions as he may impose, by notice in writing permit any person to
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enter, be in or use the building or that part thereof to which the closure order relates.
Any permission granted under subsection (5) may be cancelled by the Director at any time and for any reason.
A closure order shall remain in force in respect of a building or relevant pipeline, or the part thereof, as the case may be, until the Director has served a notice of expiry of the closure order —
relevant pipeline
“relevant pipeline” means a pipeline used, or to be used, for the conveyance of any class of petroleum or any flammable material, and includes the piperack or pipetrack for the management of the pipeline but does not include such a pipeline located in licensed premises;
where the closure order relates to the building, on the owner of the building;
where the closure order relates to a part of the building, on the occupier of that part of the building; or
where the closure order relates to a relevant pipeline, on the pipeline owner.
A notice of expiry of a closure order shall specify the building or relevant pipeline, or the part thereof, to which it relates and the date upon which the closure order expires.
Terms defined in s 2
building
Defined · s 2“building” has the same meaning as in the Building Control Order, 2014;
member
Defined · s 2“member” means a person who is either a senior officer, a subordinate officer, or of the rank and file of the Fire and Rescue;
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;
pipeline owner
Defined · s 2“pipeline owner”, in relation to any section of a relevant pipeline, means — (a) a person who owns or leases the piperack or pipetrack and manages that section of the relevant pipeline; or (b) if paragraph (a) does not apply, a person who owns or leases that section of the relevant pipeline and uses that section of the relevant pipeline for the conveyance of any class of petroleum or any flammable material:
relevant pipeline
Defined · s 2“relevant pipeline” means a pipeline used, or to be used, for the conveyance of any class of petroleum or any flammable material, and includes the piperack or pipetrack for the management of the pipeline but does not include such a pipeline located in licensed premises;
Part
Control of Petroleum and Flammable Materials
Part