(1)If it appears to a local authority, after consultation with the [F1fire and rescue authority], that—
(a)a building to which this section applies is not provided, or
(b)a proposed building that will be building to which this section applies will not be provided,
with such means of escape in case of fire as the local authority, after such consultation, deem necessary from each storey whose floor is more that twenty feet above the surface of the street or ground on any side of the building, the authority shall by notice require the owner of the building, or, as the case may be, the person proposing to erect the building, to execute such work or make such other provision in regard to the matters aforesaid as may be necessary.
(2)Sections 99 and 102 below apply in relation to a notice given under subsection (1) above in so far as it requires a person to execute works.
(3)In so far as such a notice requires a person to make provision otherwise than by the execution of works, he is, if he fails to comply with the notice, liable on summary conviction to a fine not exceeding level 4 on the standard scale and to a further fine not exceeding £2 for each day on which the offence continues after he is convicted.
(4)In proceedings under subsection (3) above, it is open to the defendant to question the reasonableness of the authority’s requirements.
(5)Where building regulations imposing requirements as to the provision of means of escape in case of fire are applicable to a proposed building or proposed extension of a building, or would be so applicable but for a direction under section 8 above dispensing with such requirements—
(a)this section, and
(b)any provision of a local Act that has effect in place of this section,
does not apply in relation to the proposed building or extension.
(6)This section applies to a building that exceeds two storeys in height and in which the floor of any upper storey is more than twenty feet above the surface of the street or ground on any side of the building and that—
F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 72(1) substituted (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. 57(2)(3)(f); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
F2S. 72(6)(a) repealed (6.4.2007 for E.) by Housing Act 2004 (c. 34), ss. 53(3), 270(4)(5)(a), Sch. 16; S.I. 2007/1068, art. 2
F3S. 72(6)(b)(c) repealed (1.10.2006) by Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 2 para. 33(5)(a), Sch. 4 (with art. 49) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2)
F4S. 72(7) repealed (1.10.2006) by Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 2 para. 33(5)(b), Sch. 4 (with art. 49) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2)