Factories Act 1961

41 Means of escape in case of fire-maintenance, inspection, etc.

(1) All means of escape specified in a certificate under section forty of this Act shall be properly maintained and kept free from obstruction.

(2) After a certificate under section forty of this Act has been given with respect to any factory the fire authority may examine the factory and every part thereof for the purpose of ascertaining whether there has been a change of conditions by reason of which the existing means of escape in case of fire have become insufficient.

(3) If, after the grant of such a certificate, it is proposed to make any material extension or material structural alteration of the factory premises or to increase materially the number of persons employed in the factory or in any part specified in the certificate, or to begin to store or use explosive or highly inflammable material in the factory or materially to increase the extent of such storage or use, the occupier shall give notice in writing of the proposal to the fire authority.

(4) If the fire authority on receipt of the notice are of opinion that the conditions in regard to escape in case of fire will be affected, or if at any time they are satisfied that by reason of changed conditions the existing means of escape have become insufficient, they may by notice in writing require the occupier to make such alterations, within such period, as may be specified in the notice.

(5) If it appears to an inspector that dangerous conditions in regard to escape in case of fire exist in any factory to which section forty of this Act applies he may give notice thereof in writing to the fire authority, and it shall be the duty of the authority forthwith to examine the factory, and they may by notice in writing require the occupier to make such alterations, within such period, as may be specified in the notice.

(6) The occupier shall, within the period specified in any notice of the fire authority under this section, carry out any alterations required by the notice, and upon their being carried out the authority shall amend the certificate or issue a new certificate; and if the alterations are not so carried out, the authority shall, without prejudice to the taking of other proceedings, cancel the certificate.

(7) If it appears to an inspector that the conditions in regard to escape in case of fire in any factory to which section forty of this Act applies are so dangerous that the factory or any part thereof ought not to be used, or ought not to be used for a particular process or work, until steps have been taken to remedy the danger, he may, in lieu of serving a notice on the fire authority under the foregoing provisions of this section, make a complaint to a magistrates' court, and the court may, on being satisfied of those matters, by order prohibit the use of the factory or part thereof, or its use for the particular process or work, until such works have been executed as are in the opinion of the court necessary to remedy the danger.