The Fire Services (Amendment) (Northern Ireland) Order 1993

Power to exempt from requirement to have fire certificate

6.—(1) In Article 22 of the principal Order (designated uses requiring cover by fire certificates)—

(a) after paragraph (3) there shall be inserted—

“(3A) An order under this Article may, as respects any designated use, specify descriptions of premises which qualify for exemption by the Authority under Article 26A from the requirement for a fire certificate in respect of premises which are put to that use.”; and

(b) in paragraph (4) (methods of description), after “paragraph (3)” there shall be inserted “or (3A)”, and after “use for any purpose” there shall be inserted “or their situation, construction or arrangement”.

(2) In Article 26(3) of the principal Order (duty of Authority to inspect premises on application for fire certificate) after “duty of the Authority” there shall be inserted “to consider whether or not, in the case of premises which qualify for exemption under Article 26A, to grant exemption and, if the Authority does not grant it, it shall be the duty of the Authority”.

(3) After Article 26 of the principal Order there shall be inserted—

“Powers for the Authority to grant exemption in particular cases

26A.— (1) The Authority may, if it thinks fit as regards any premises which appear to the Authority to be premises qualifying for exemption under this Article as respects any particular use, grant exemption from the requirement to have a fire certificate covering that use.

(2) Exemption under this Article for any premises as respects any use of them may be granted by the Authority, with or without the making of an application for the purpose,—

(a) on the making of an application for a fire certificate with respect to the premises covering that use; or

(b) at any time during the currency of a fire certificate with respect to the premises which covers that use.

(3) In deciding whether or not to grant exemption under this Article for any premises the Authority shall have regard to all the circumstances of the case and in particular to the degree of seriousness of the risk in case of fire to persons in the premises.

(4) For the purpose of making that decision the Authority may—

(a) require the applicant or, as the case may be, the occupier of the premises to give such information as it requires about the premises and any matter connected with them; and

(b) cause to be carried out an inspection of the relevant building.

(5) The Authority shall not grant exemption under this Article for any premises without causing an inspection to be carried out under paragraph (4) unless the Authority has caused the premises to be inspected (under that or any other power) within the preceding 12 months.

(6) The effect of the grant of exemption under this Article as respects any particular use of premises is that, during the currency of the exemption, no fire certificate in respect of the premises is required to cover that use and accordingly—

(a) where the grant is made on an application for a fire certificate, the grant disposes of the application or of so much of it as relates to that use; and

(b) where the grant is made during the currency of a fire certificate, the certificate shall wholly or as respects that use cease to have effect.

(7) On granting an exemption under this Article, the Authority shall, by notice to the applicant for the fire certificate or the occupier of the premises, as the case may be, inform him that the Authority has granted exemption as respects the particular use or uses of the premises specified in the notice and of the effect of the grant.

(8) A notice of the grant of exemption for any premises as respects a particular use of them may include a statement specifying the greatest number of persons of a description specified in the statement for the purposes of that use who, in the opinion of the Authority, can safely be in the premises at any one time.

(9) Where a notice of the grant of exemption for any premises includes a statement under paragraph (8), the Authority may, by notice served on the occupier of the premises, direct that, as from a date specified in the notice, the statement—

(a) is cancelled; or

(b) is to have effect as varied by the notice;

and, on such a variation the statement shall be treated, so long as the variation remains in force, as if the variation were specified in it.

Withdrawal of exemptions under Article 26A

26B.— (1) Where the Authority has granted an exemption under Article 26A from the requirement to have a fire certificate covering any particular use of premises the Authority may, if it thinks fit, at any time, withdraw the exemption in accordance with paragraphs (2) to (4).

(2) In deciding whether or not to withdraw an exemption, the Authority shall have regard to all the circumstances of the case and in particular to the degree of seriousness of the risk in case of fire to persons in the premises.

(3) The Authority may withdraw an exemption as respects any particular use of premises without exercising any of the powers of inspection or inquiry conferred by Article 40 but the Authority shall not withdraw the exemption without first giving notice to the occupier of the premises that the Authority proposes to withdraw it and the reasons for the proposal and giving him an opportunity of making representations on the matter.

(4) An exemption shall be withdrawn by serving a notice on the occupier of the premises to which the exemption relates stating that the exemption will cease to have effect as respects the particular use or uses of the premises specified in the notice on such date as is so specified, being a date not earlier than the end of the period of 14 days beginning with the date on which service of the notice is effected.

(5) If premises cease to qualify for exemption under Article 26A the Authority if it has granted an exemption under that Article shall notify the occupier of the premises of the fact and date of the cessation of the exemption.”.