PART IVMISCELLANEOUS
Maintenance of measures provided in the common areas of private dwellings for protection of fire-fightersI124
1
Regulation 23 shall apply to the common areas of private dwellings as if they were relevant premises, with the modifications specified in paragraphs (2) and (3).
2
The duty imposed by paragraph (1) shall apply to–
a
a person who has control to any extent of the common areas of private dwellings, to that extent; and
b
if a person falls within sub-paragraph (a) other than by virtue of–
i
having control to any extent of the common areas of private dwellings in connection with the carrying on by the person (whether for profit or not) of an undertaking; or
ii
owning the common areas of private dwellings,
the person or persons who own the common areas of private dwellings shall also comply with the duty.
3
For the purposes of this regulation the following modifications are made:–
a
the references to “relevant premises” in–
ii
section 62 (powers of enforcement officers);
iii
section 64 (enforcement notices);
iv
section 77 (Crown application)10; and
v
section 77A (application to visiting forces etc.)11,
shall be taken to include the common areas of private dwellings;
b
any references to “Chapter 1 duties” in–
i
section 60(1) and (3) (special case: temporary suspension of Chapter 1 duties);
ii
section 61(1) F1... (enforcing authorities);
iii
section 62(2)(c), (4)(a), (6) and (7) (powers of enforcement officers);
iv
section 64(1), (2)(a), (3)(b) and (10) (enforcement notices); and
v
section 67(1)(a) (determination of disputes),
shall be taken to include the application in paragraph (1) of the safeguarding provision to the common areas of private dwellings; and
c
for the purposes of section 72(3)(a), this regulation is deemed to be one to which a person is subject by virtue of regulations made under section 58.