The Fire Services (Northern Ireland) Order 1984

Offences in relation to foregoing provisions N.I.

28.—(1 )F1  Subject to paragraph (3) and Article 30 (3), if any premises are at any time put to a designated use, being premises such that, where they are put to that use, a fire certificate is by virtue of Article 22 required in respect of them, then, if no fire certificate covering that use is at that time in force in respect of the premises, the occupier of the premises shall be guilty of an offence.

(2) Subject to paragraph (3) and Article 30 (3), if any premises are used as a dwelling at any time while Article 24 applies to them and a notice under that Article relating to them is in force, then, if no fire certificate covering that use is at that time in force in respect of the premises, the notified person shall, unless he proves that at that time he no longer occupied the specified position, be guilty of an offence.

(3) A person shall not be guilty of an offence under paragraph (1) or (2) by reason of any premises being put to a designated use or used as a dwelling at a time after an application for a fire certificate with respect to them covering that use has been duly made and before the certificate is granted or refused.

[F2 (3A ) If, pending the disposal of an application for a fire certificate with respect to any premises, the premises are put to a designated use, then, if any requirement imposed by Article 26(2A) is contravened by reason of anything done or not done to or in relation to any part of the relevant building, the occupier shall be guilty of an offence.]

(4) Subject to paragraph (5) and Article 30 (4) and (5), if, while a fire certificate is in force in respect of any premises, any requirement imposed thereby is contravened by reason of anything done or not done to or in relation to any part of the relevant building, every person who under or by virtue of Article 27 (5) or (6) is responsible for that contravention shall be guilty of an offence.

(5 )F1  A person shall[F2 other than the occupier of the premises] not be convicted of an offence under paragraph (4) unless it is proved that his responsibility for contraventions of the requirement in question had been made known to him before the occurrence of the contravention in respect of which he is charged.

[F2 (5A ) A person guilty of an offence under paragraph (3A) shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.]

(6) A person guilty of an offence under paragraph (1), (2) of (4) shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years, or to both.

(7 )F1  In the event of a contravention of paragraph (9) of Article 27 in the case of a fire certificate required by that paragraph to be kept in any premises or of a contravention of paragraph (10) of that Article in the case of a copy of a fire certificate required in paragraph (10) (b) of that article to be kept in any premises, the occupier of the premises shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8) If, while there is in force a notice under Article 24 relating to any premises, there occurs a contravention of paragraph (10) of Article 27 in the case of a fire certificate issued with respect to those premises and required by sub-paragraph (a) of that paragraph to be kept in the relevant building, the notified person shall, unless he proves that at the material time he no longer occupied the specified position, be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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F1 mod by SR 1993/404

F2 1993 NI 7