Civil Engineering Reference
In-Depth Information
accessible to fi re fi ghters. Where this is not the case the
fi re authority may issue a notice.
Health and safety and fi re safety prohibition
notices
- this type of notice, whether for health and
safety or fi re safety, is served when the enforcer is of
the opinion that the activity or premises involved is so
serious that the activity should be stopped or the use
of the premises be prohibited or restricted. Examples of
these would be operating a machine with no guard or
chaining up a fi nal fi re exit door.
Powers of inspectors/enforcers
In order to carry out their duties inspectors/enforcers are
given a variety of powers. These can be wide ranging;
their key powers are listed below:
Figure 1.25
Powers of enforcement authorities
➤
Enter premises at any reasonable time taking with
them a police offi cer (to maintain the peace) if
required
➤
Request and inspect documentation and records
and if required take a copy
Fire safety alterations notices
- the enforcing authority
may serve an alterations notice on a responsible person
under two circumstances:
➤
Require any person to provide assistance to take
samples of any articles or substances
➤
To examine, conduct investigations and where
appropriate require the premises or items to be left
undisturbed
1.
When the authority is of the opinion that the premises
constitute a 'serious risk' to 'relevant persons' or
2.
The premises may constitute a serious risk if a
change is made to them or to the use to which they
are put.
➤
Remove, render harmless or destroy articles or
substances
➤
Issue verbal advice, written advice or serve notices.
An alterations notice must detail those issues which
constitute a serious risk and state the reasons why the
enforcing authority has formed its opinion. On both
occasions when an alterations notice has been served
the responsible person must notify the enforcing author-
ity of any proposed changes to those premises.
It should be noted that an alterations notice is
merely a notice that provides information to a responsi-
ble person relating to the magnitude of the perceived fi re
risk. If the enforcing authority is of the opinion that works
need to be carried out to reduce the risk, they may issue
an enforcement notice.
Fire safety enforcement notice
- this is very
similar to the health and safety improvement notice
and is served when, in the opinion of the enforcer, the
responsible person or other person has failed to comply
with any aspect of the RRO.
Fire fi ghters' switches for luminous discharge
tubes
- luminous tube signs designed to work at a
voltage exceeding a prescribed voltage (1000 volts AC
or 1500 volts DC if measured between any two conduct-
ors; or 600 volts AC or 900 volts DC if measured
between a conductor and earth) must have a cut-off
switch which is placed, coloured and marked to satisfy
such reasonable requirements of the fi re and rescue
authority to ensure that it is readily recognisable by and
Local Building Control enforcement offi cers have
additional powers in respect of breaches of Building
Regulations. These additional powers include the abil-
ity to refuse permission to build or make alterations to
buildings and take action to render structures unsafe at
the expense of the owner/occupier.
Appeals
As previously discussed, an appeal system exists to
enable those being prosecuted and those who have
been served with enforcement notices to take their case
to appeal. Appeals can be made against any enforce-
ment notices by lodging an appeal with an employment
tribunal. Table 1.4 details the consequences of appeal-
ing within 21 days against the notices served.
1.5.2 Prosecutions
In addition to issuing notices, enforcement authorities
may also seek prosecution for breaches of legislation.
Enforcing authorities may prosecute any persons who
hold a legal duty for fi re, health and safety, e.g. respon-
sible persons, employers and individuals. It is now doc-
umented that on occasions the enforcement authorities
