Fire Precautions Act 1971 (repealed)

[F1 9D Improvement notices. E+W+S

(1) Where a [F2 fire authority [F2 fire and rescue authority ]] are of the opinion that the duty imposed by section 9A of this Act has been contravened in respect of any premises to which that section applies, they may serve on the occupier of those premises a notice (in this Act referred to as “ an improvement notice ”) which—

(a) states they are of that opinion;

(b) specifies, by reference to a code of practice under section 9B of this Act if they think fit, what steps they consider are necessary to remedy that contravention; and

(c) requires the occupier to take steps to remedy that contravention within such period (ending not earlier than the period within which an appeal against the improvement notice can be brought under section 9E of this Act) as may be specified in the notice.

(2) Where an improvement notice has been served under subsection (1) above—

(a) the [F3 fire authority [F3 fire and rescue authority]] may withdraw that notice at any time before the end of the period specified in the notice; and

(b) if an appeal against the improvement notice is not pending, the [F3 fire authority [F3 fire and rescue authority]] may extend or further extend the period specified in the notice.

(3) Where any premises are premises to which section 9A of this Act applies and—

(a) the building which constitutes or comprises the premises is a building to which at the time of its erection building regulations imposing requirements as to means of escape in case of fire applied; and

(b) in connection with the erection of that building plans were, in accordance with building regulations, deposited with a local authority,

the [F4 fire authority [F4 fire and rescue authority]] shall not in pursuance of subsection (1) above serve an improvement notice requiring structural or other alterations relating to the means of escape from the premises unless the requirements of subsection (4) below are satisfied in relation to those premises.

(4) The requirements of this subsection are satisfied in relation to such premises as are mentioned in subsection (3) above if—

(a) regulations are in force under section 12 of this Act applying to the premises in relation to any use of them as respects which exemption under section 5A of this Act has been granted, being regulations which impose requirements as to means of escape in case of fire, and the [F5 fire authority [F5 fire and rescue authority]] are satisfied that alterations to the building which constitutes or comprises the premises are necessary to bring the premises into compliance with the regulations in respect of those requirements; or

(b) the [F5 fire authority [F5 fire and rescue authority]] are satisfied that the means of escape in case of fire with which the premises are provided are inadequate in relation to any such use of the premises by reason of matters or circumstances of which particulars were not required by or under the building regulations to be supplied to the local authority in connection with the deposit of plans.

(5) In this section “ structural or other alterations relating to means of escape from the premises ”, in relation to any such premises as are mentioned in this section, means structural or other alterations directly connected with the provision of the premises with adequate means of escape in case of fire.

(6) Subsections (3) to (5) above extend to England and Wales only.]

Textual Amendments

F1 Ss. 9D–9F inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 50), ss. 7(1), 50(2)

F2 Words in s. 9D(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)(m); S.I. 2004/2304, art. 2, S.I. 2004/2917, art. 2

F3 Words in s. 9D(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)(m); S.I. 2004/2304, art. 2, S.I. 2004/2917, art. 2

F4 Words in s. 9D(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)(m); S.I. 2004/2304, art. 2, S.I. 2004/2917, art. 2

F5 Words in s. 9D(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)(m); S.I. 2004/2304, art. 2, S.I. 2004/2917, art. 2

Modifications etc. (not altering text)

C1 S. 9D modified by Building Act 1984 (c. 55, SIF 15), ss. 48(4), 49(8)