PART IIIFIRE SAFETY

CHAPTER IIENFORCEMENT

Alterations notices38

1

Where paragraph (2) or (3) applies in relation to relevant premises, the Board may serve an alterations notice on the appropriate person.

2

This paragraph applies where there would be a serious risk to relevant persons in respect of harm caused by fire in the relevant premises.

3

This paragraph applies where–

a

paragraph (2) does not apply; but

b

if any of the changes specified in paragraph (5) were made, it is likely that paragraph (2) would apply.

4

An alterations notice is a notice requiring the appropriate person where–

a

it is proposed that a change specified in paragraph (5) be made to the relevant premises; and

b

if made, the change would constitute a serious risk to relevant persons in respect of harm caused by fire in the relevant premises,

to notify the Board of the change before it is made.

5

The changes referred to in paragraphs (3) and (4) are–

a

a change to the relevant premises;

b

a change to the services, fittings or equipment on the relevant premises;

c

an increase in the quantities of dangerous substances which are present on the relevant premises; and

d

a change in any use to which the relevant premises are put.

6

The Board may include in an alterations notice provision requiring the appropriate person–

a

to keep records of such information as, by virtue of sub-paragraph (d) of paragraph (2) of Article 29, is specified in regulations under paragraph (1) of that Article;

b

to keep records of arrangements made, in accordance with regulations under Article 30(1) for the planning, organisation, control, monitoring or review of the fire safety measures; and

c

if notifying the Board of a proposed change, to give the Board–

i

a copy of the assessment under Article 25 or, as the case may be, 26; and

ii

a summary of the changes the appropriate person proposes to make to the fire safety measures.

7

Where the Board has served an alterations notice on an appropriate person, the Board may, by notice in writing to the appropriate person, withdraw the alterations notice.

8

In this Article, “appropriate person”, in relation to relevant premises, means a person subject to a requirement under Article 25 or 26 in relation to the relevant premises.