Part 3Fire safety
Chapter 2Enforcement
65Alterations notices
1
Where subsection (2) or (3) applies in relation to relevant premises, the enforcing authority may serve an alterations notice on the appropriate person.
2
This subsection applies where there would be a serious risk to relevant persons in respect of harm caused by fire in the relevant premises.
3
This subsection applies where—
a
subsection (2) does not apply; but
b
if any of the changes mentioned in subsection (5) were made, it is likely that subsection (2) would apply.
4
An alterations notice is a notice requiring the appropriate person where—
a
it is proposed that a change mentioned in subsection (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 enforcing authority of the change before it is made.
5
Those changes 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 the use to which the relevant premises are put (or, where they are put to more than one use, a use to which they are put).
6
An enforcing authority may include in an alterations notice provision requiring the appropriate person—
a
to keep records of such information as, by virtue of paragraph (d) of subsection (2) of section 57, is specified in regulations under subsection (1) of that section;
b
to keep records of arrangements made, in accordance with regulations under section 58(1), for the planning, organisation, control, monitoring or review of the fire safety measures;
c
if notifying the authority of a proposed change, to give the authority—
i
a copy of the assessment carried out under section 53 or, as the case may be, 54; and
ii
a summary of the changes the appropriate person proposes to make to the fire safety measures.
7
Where an enforcing authority serves an alterations notice on an appropriate person, the authority may, by notice in writing to the appropriate person, withdraw the alterations notice.
8
In this section, “appropriate person”, in relation to relevant premises, means a person subject to a requirement under section 53 or 54 in relation to the relevant premises.