14 Exercise of certain powers of fire authority in Scotland where building standards regulations as to means of escape apply.E+W+S
(1)Subject to subsection (2) below, where—
(a)building standards regulations imposing requirements as to means of escape in case of fire apply to any building; or
(b)the sheriff, on an appeal to him under section 16 of the M1Building (Scotland) Act 1959—
(i)against an order under section 10 of that Act requiring the execution of operations necessary to make a building conform to a provision of building standards regulations with respect to requirements of the means of escape in case of fire, or
(ii)against an order under section 11 of that Act requiring the building to be made to conform to such a provision,
has varied the order by determining that such operations shall be executed as are necessary to make the building conform to a different standard, or, as the case may be, that the building should conform to a different standard, and the fire authority are satisfied that the building so conforms,
then the fire authority shall not, for the purposes of section 5 [F1, 8 or (in relation to premises to which section 9A applies) 9D(1) and (2)] of this Act, specify any alterations in respect of that building to a standard higher than that of the said regulations or, as the case may be, than that determined by the sheriff.
(2)The restrictions imposed on the fire authority by the foregoing subsection shall not apply where—
(a)there are in force under section 12 of this Act regulations applying to the building in relation to any use of the building, being regulations which impose requirements as to means of escape from fire or means for securing that any means of escape can be safely and effectively used at all material times, and the fire authority are satisfied that alterations to the building are necessary to bring the building into compliance with the regulations in respect of those requirements; or
(b)the fire authority are satisfied that the means of escape in case of fire with which the building is provided or the means of the sort mentioned in section 5(3)(b) of this Act with which the building is provided are inadequate in relation to any use of the building by reason of matters or circumstances of which particulars were not required by or under the building standards regulations.
(3)In this section “building standards regulations” has the same meaning as in the M2Building (Scotland) Act 1959.
Textual Amendments
F1Words substituted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 50), ss. 7(2), 50(2)
Marginal Citations