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45.—(1) Subject to paragraph (2), the Northern Ireland Fire and Rescue Service Board, within the meaning of the Fire and Rescue Services (Northern Ireland) Order 2006(1), shall be the enforcing authority in respect of a construction site which is contained within, or forms part of, premises which are occupied by persons other than those carrying out the construction work or any activity arising from such work as regards regulations 38 and 39, in so far as those regulations relate to fire, and regulation 40.
(2) Paragraph (1) shall not apply in respect of any premises of a description specified in Part 1 of Schedule 1 to the Fire Certificates (Special Premises) Regulations (Northern Ireland) 1991(2).
S.R. 1991 No. 446, as amended by S.R. 1999 No. 150, S.R. 2001 No. 436 and S.R. 2003 No. 152
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