Receiving a fire safety notice can be a worrying thing. A leading legal firm (Kingsley Napley) provides an overview of fire safety notices, what they are.
Who serves a fire safety notice?
Fire Safety notices are usually served by the local Fire and Rescue Service where they have concerns over the fire safety of a premises. In certain circumstances the Health and Safety Executive or local authority can also issue a notice. Notices are usually issued following an incident where the Fire and Rescue Service have been called, or where information has been provided to the enforcing authority leading to an inspection of the premises.
What types of notice are there and why are they served?
Legislation-FireSafety-20The Regulatory Reform (Fire Safety) Order 2005 (“Fire Safety Order”) places responsibilities on the Responsible Person in respect of fire safety. Under the Order the enforcing authority may issue different types of notice depending on the circumstances. In determining which type of notice to issue, in my experience, the Fire and Rescue Services are fair and will consider various factors including but not limited to:
· The nature, circumstances and seriousness of any alleged breach of the Fire Safety Order;
· The risk of death or serious injury to relevant persons in the event of fire;
· Any previous history of non-compliance;
· Any remedial action taken.
Enforcement Notice
If the enforcing authority is of the opinion that the Responsible Person has failed to comply with any provision of the Fire Safety Order the authority may serve an Enforcement Notice.
The Enforcement Notice must:
· state that the enforcing authority is of the opinion outlined above;
· specify the provisions of the Fire Safety Order which have not been complied with; and require that person to take steps to remedy the failure within a specified period (not less than 28 days from the date of service of the notice).
The notice may include directions as to the necessary measures to remedy the failings and may give a choice of ways to remedy the contravention. The enforcing authority may withdraw the notice at any time before the end of the period specified in the notice and they can extend or further extend the period specified in the notice as long as an appeal against the notice is not pending.
Prohibition Notice
If the enforcing authority is of the opinion that use of premises involves or will involve a risk to relevant persons so serious that use of the premises ought to be prohibited or restricted, the authority may serve on the responsible person a Prohibition Notice. This includes an assessment of the risks around anything affecting the relevant persons’ escape from the premises in the event of fire.
Source - Kingsley Napley
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