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–

i

section 61(9)(zb)8F2and (b) (enforcing authorities);

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.