Practical Law Resource ID 2-205-4170 | Not Fermi | Westlaw

Practical Law Resource ID 2-205-4170 | Not Fermi | Westlaw

View on Westlaw or start a FREE TRIAL today, Practical Law Resource ID 2-205-4170, Not Fermi
Document By WESTLAW
Practical Law UK Training Materials 2-205-4170
Practical Law
Training: Regulatory Reform (Fire Safety) Order 2005, Part 1, Answer 4
PLC PropertyTraining materials
England
Wales
Any UK jurisdiction
Law stated as at 01-Oct-2006
This is the answer to Training: Regulatory Reform (Fire Safety) Order 2005, Question 4.
For more Training materials on this topic, see Training: Regulatory Reform (Fire Safety) Order 2005.
  • FALSE. An enforcing authority can require the responsible person to alter any feature of a property even if it complied with the requirements of the relevant building regulations at the time that part of the building was constructed.
    Prior to the RRO 2005 coming into force, the Fire Precautions Act 1971 (FPA 1971) acted as a "statutory bar" on the conditions in relation to fire escapes that the fire and rescue authority could impose when issuing a fire certificate. If a building had been erected at a time when the building regulations imposed requirements relating to means of escape and the building was built in accordance with those requirements, the fire and rescue authority was not able to require any structural alterations to be made in connection with the means of escape from the premises (section 13, FPA 1971). There is no equivalent provision in the RRO 2005.
  • TRUE. Although the RRO 2005 does not generally apply to domestic premises (as defined in article 2), prohibition notices may be served in respect of domestic premises apart from premises consisting of or comprised in a house that is occupied as a single private dwelling (article 31(10)).
  • TRUE. The options for contesting an enforcement notice include:
    • Appealing to the magistrates court under article 35.
    • Referring a dispute about the measures that are specified in the notice to remedy a failure to comply with the RRO 2005 to the Secretary of State under article 36.
  • FALSE. Licences relating to properties covered by the requirements of the RRO 2005 can include conditions relating to fire safety if the enforcing authority for the premises is also the licensing authority. In all other cases, even if the licence contains conditions relating to fire safety, these would have no effect (article 43(2)).
    However, this only applies to a limited number of premises, such as:
    • Large sports grounds and regulated sports stands that require a safety certificate where the local authority acts as both the enforcing authority and the licensing authority.
    • Nuclear installations for which the Health and Safety Executive is both the licensing authority and the enforcing authority.
End of Document© 2024 Thomson Reuters. No claim to original U.S. Government Works.