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- Point in Time (01/05/2005)
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Version Superseded: 02/08/2005
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(1)A [F2fire authority [F2fire and rescue authority]] may, if they think fit as regards any premises which appear to them to be premises qualifying for exemption under this section as respects any particular use, grant exemption from the requirement to have a fire certificate covering that use.
(2)Exemption under this section for any premises as respects any use of them may be granted by the [F3fire authority [F3fire and rescue 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 section for any premises the [F4fire authority [F4fire and rescue 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 [F5fire authority [F5fire and rescue authority]] may—
(a)require the applicant or, as the case may be, the occupier of the premises to give such information as they require about the premises and any matter connected with them; and
(b)cause to be carried out an inspection of the relevant building.
(5)The [F6fire authority [F6fire and rescue authority]] shall not grant exemption under this section for any premises without causing an inspection to be carried out under subsection (4) above unless they have caused the premises to be inspected (under that or any other power) within the preceding twelve months.
(6)The effect of the grant of exemption under this section 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 section, the [F7fire authority [F7fire and rescue 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 they have 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 [F8fire authority [F8fire and rescue 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 subsection (8) above, the [F9fire authority [F9fire and rescue 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.]
Textual Amendments
F1Ss. 5A and 5B inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 50), s. 1(4), 50(2)
F2Words in s. 5A(1) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 28(1)(2)(e); S.I. 2004/2304, art. 2, S.I. 2004/2917, art. 2
F3Words in s. 5A(2) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 28(1)(2)(e); S.I. 2004/2304, art. 2, S.I. 2004/2917, art. 2
F4Words in s. 5A(3) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 28(1)(2)(e); S.I. 2004/2304, art. 2, S.I. 2004/2917, art. 2
F5Words in s. 5A(4) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 28(1)(2)(e); S.I. 2004/2304, art. 2, S.I. 2004/2917, art. 2
F6Words in s. 5A(5) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 28(1)(2)(e); S.I. 2004/2304, art. 2, S.I. 2004/2917, art. 2
F7Words in s. 5A(7) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 28(1)(2)(e); S.I. 2004/2304, art. 2, S.I. 2004/2917, art. 2
F8Words in s. 5A(8) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 28(1)(2)(e); S.I. 2004/2304, art. 2, S.I. 2004/2917, art. 2
F9Words in s. 5A(9) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 28(1)(2)(e); S.I. 2004/2304, art. 2, S.I. 2004/2917, art. 2
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