The Fire Services (Northern Ireland) Order 1984

Change of conditions affecting adequacy of certain matters specified in fire certificate, etc. N.I.

29.—(1) Subject to paragraph (2), it shall be a condition of issuing a fire certificate that, so long as the fire certificate is in force with respect to any premises, the Authority may cause any part of the relevant building to be inspected at any reasonable time for the purpose of ascertaining whether there has been any change of conditions by reason of which any of the matters mentioned in Article 27(1) (b) to (e) have become inadequate in relation to any use of the premises covered by the certificate.

(2) Where a building or part of a building is used as a dwelling or consists of premises of any other description prescribed for the purposes of this paragraph, an inspection of the building or, as the case may be, of such a part shall not be made under this paragraph as of right unless 24 hours' notice has been given to the occupier of the building or, as the case may be, of the part in question; and for the purposes of this paragraph a description of premises may be framed in any of the ways mentioned in Article 22 (4).

(3) Where the occupier of a relevant building fails, without reasonable excuse, to permit the Authority to carry out an inspection in accordance with the condition imposed by paragraph (1), the Authority may cancel the fire certificate in force with respect to the premises.

(4 )F1  If, while a fire certificate is in force with respect to any premises—

(a) it is proposed to make a material extension of, or material structural alteration to, the premises;

(b) it is proposed to make a material alteration in the internal arrangement of the premises or in the furniture or equipment with which the premises are provided; or

(c) the occupier of the premises proposes to begin to keep explosive or highly flammable materials of any prescribed kind anywhere under, in or on the relevant building in a quantity or aggregate quantity or aggregate quantity greater than the quantity prescribed for the purposes of this sub-paragraph as the maximum in relation to material of that kind,

the occupier shall, before the carrying out of the proposals is begun, give notice of the proposals to the Authority; and if the carrying out of the proposals is begun without such notice having been given, the occupier shall be guilty of an offence.

(5) If, while a fire certificate is in force with respect to any premises not constituting the whole of the relevant building, any person who as occupier of any other part of that building is under Article 27 (5) or (6) responsible for contraventions of any requirement imposed by the certificate proposes to begin to keep explosive or highly flammable materials of any prescribed kind anywhere under, in or on that building in a quantity or aggregate quantity greater than the quantity prescribed for the purposes of this paragraph as the maximum in relation to materials of that kind, that person shall, before the carrying out of the proposals is begun, give notice of the proposals to the Authority; and if the carrying out of the proposals is begun without such notice having been given, that person shall be guilty of an offence.

(6 )F1  If the Authority is satisfied, as regards any premises with respect to which notice under paragraph (4) has been given to it that the carrying out of the proposals notified would result in any of the matters mentioned in Article 27 (1) (b) to (e) becoming inadequate in relation to any use of the premises covered by the relevant fire certificate, the Authority may by notice served on the occupier within 2 months from the receipt of the notice under paragraph (4)—

(a) inform the occupier of the steps which would have to be taken in relation to the relevant building (whether by way of making alterations to any part of the relevant building or otherwise) to prevent the matters in question from becoming in its opinion inadequate in relation to that use in the event of the proposals being carried out; and

(b) give him such directions as the Authority considers appropriate for securing, as regards any of the proposals which may be specified in the directions, that that proposal, or any stage of it which may be so specified, is not carried out until such of those steps as may be so specified in relation to that proposal or stage have been taken (whether by him or otherwise),

and if those steps are duly taken in connection with the carrying out of the proposals, the Authority shall amend the fire certificate or issue a new one.

(7 )F1  If the Authority is satisfied (whether as a result of an inspection made under paragraph (1) or otherwise) that, as regards any premises with respect to which a fire certificate is in force, any of the matters mentioned in Article 27 (1) (b) to (e) has, in consequence of a change of conditions, become adequate in relation to any use of the premises covered by the certificate, the Authority may by notice served on the occupier—

(a) inform him of that fact and of the steps which would have to be taken in relation to the relevant building (whether by way of making alterations to any part of the relevant building or otherwise) to make the matter in question adequate in its opinion in relation to that use and

(b) notify him that if those steps are not taken (whether by him or otherwise) within such period as may be specified in the notice, the fire certificate may be cancelled.

and if those steps are duly taken, the Authority shall, if necessary, amend the fire certificate or issue a new one.

(8) If the Authority considers (whether as a result of an inspection made under paragraph (1) or otherwise) that, as regards any premises with respect to which a fire certificate is in force, it would, in consequence of a change of conditions or of the coming into force of any regulations made under Article 34, be appropriate to amend the certificate for any of the following purposes, that is to say—

(a) to vary or revoke any requirements which the certificate imposes by virtue of Article 27 (2);

(b) to add to the requirements which the certificate so imposes; or

(c) to alter the effect of the certificate as to the person or persons responsible under or by virtue of Article 27 (5) or (6) for contraventions of any requirement imposed (whether by virtue of Article 27 (2) or otherwise) by the certificate,

the Authority may, subject to Article 27 (7), make such amendments in the certificate as it thinks appropriate for that purpose or issue a new certificate embodying those amendments.

(9 )F1  If any person contravenes a direction given to him in pursuance of paragraph (6) (b), he shall be guilty of an offence; and the Authority may cancel the fire certificate issued with respect to any premises if it is satisfied that there has been such a contravention by the occupier, whether or not proceedings are brought in respect of the contravention.

(10) A person guilty of an offence under paragraph (4), (5) or (9) 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.

(11) Where—

(a) a notice has been served under paragraph (7) in connection with any premises; and

(b) the steps mentioned in it in accordance with sub-paragraph (a) of that paragraph are not taken within

(i) the period specified in the notice in accordance with sub-paragraph (b) of that paragraph, or

(ii) such longer period as may be allowed by the Authority or by any order made by a court on or in proceedings arising out of, an appeal under Article 30 against the notice;

the Authority may cancel the fire certificate in force with respect to the premises or, if it covers two or more uses of the premises, may either cancel it or amend it so as to remove from those uses one or more of them; and in that case the Authority may make in the fire certificate all such amendments as it thinks appropriate in connection with the removal of the uses in question.

(12) Where there is in force a notice under Article 24 relating to any premises, the foregoing provisions of this Article shall apply to them subject to the following modifications, that is to say—

(a) in paragraph (4), the first reference to the occupier shall be read as a reference to the occupier or the notified person, the second reference to the occupier shall be read as a reference to the occupier or the notified person, as the case may be, and the third reference to the occupier shall be read as a reference to the person required by that paragraph to give notice of the proposals;

(b) in paragraphs (6) and (9), references to the occupier shall, if the notice under paragraph (4) was given by the notified person, be read as references to that person; and

(c) in paragraph (7), references to the occupier shall be read as references to the notified person.

(13) Where the Authority is satisfied, as regards any premises with respect to which a notice under paragraph (4) has been given to it, that the carrying out of the proposals notified would not result in any of the matters mentioned in Article 27 (1) (b) to (e) becoming inadequate, the Authority shall, on production of the fire certificate in force with respect to the premises, cause to be attached to it a copy of the notice together with a written statement that it is so satisfied.

(14) Where in pursuance of this Article the Authority amends a fire certificate of which by virtue of Article 27 (10) a copy is required to be kept in the premises to which the certificate relates, it shall cause the copy to be similarly amended; and where in pursuance of paragraph (13) the Authority causes any document to be attached to such a fire certificate, it shall cause the like document to be attached to the copy of the certificate required to be kept in the premises to which the certificate relates.

F1 mod by SR 1993/404