PART 3

Amendment of Fire Services Act 1981

24. —Section 2 of the Act of 1981 is amended in subsection (1) by the substitution for the definition of “building” of the following definition:

“ ‘building’ means any building, structure or erection (whether permanent or temporary) of any kind or of any materials or any part of such building, structure or erection;”.

25. —Section 5 of the Act of 1981 is amended by the substitution for that section of the following section:

“5.—(1) A person who is guilty of an offence by reason of a contravention of section 18(2), section 20 or section 20A or regulations made under section 37 shall be liable—

(a) on summary conviction, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6 months, or to both, or

(b) on conviction on indictment, to a fine not exceeding €130,000 or to imprisonment for a term not exceeding 2 years, or to both.

(2) Where a person is convicted of an offence referred to in subsection (1) and there is a continuation by the person of the offence after the conviction, the person shall be guilty of a further offence on every day on which the contravention continues and for each such offence shall be liable—

(a) on summary conviction, to a fine not exceeding €500 for each day on which the offence is so continued or to imprisonment for a term not exceeding 6 months, or to both, but if a person is convicted in the same proceedings of 2 or more such further offences, the aggregate term of imprisonment to which the person shall be liable shall not exceed 6 months, or

(b) on conviction on indictment, to a fine not exceeding €13,000 for each day on which the offence is so continued, or to imprisonment for a term not exceeding 2 years, or to both, but if a person is convicted in the same proceedings of 2 or more such further offences, the aggregate term of imprisonment to which he or she shall be liable shall not exceed 2 years.

(3) A person who is guilty of an offence under this Act, other than an offence referred to in subsection (1) or (2), shall be liable, on summary conviction, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6 months, or to both.

(4) Where an offence under this Act is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of a person, being a director, manager, secretary or other officer of that body or a person who was purporting to act in any such capacity, that person shall also be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(5) Where the affairs of a body corporate are managed by its members, subsection (4) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.”.

26. —Section 6 of the Act of 1981 is amended in subsection (1) by the substitution for “to which section 5(1) applies” of “under this Act”.

27. —The Act of 1981 is amended by substituting the following for section 13:

“13.—A fire authority may advise a planning authority in relation to the functions of the planning authority under section 34 (which relates to permission for development and for the retention of structures) of the Planning and Development Act 2000 .”.

28. —Section 16 of the Act of 1981 is amended in subsection (2) by inserting after paragraph (d) the following new paragraphs:

“(e) provide such general support and advice to fire authorities in relation to the performance of their functions as it considers appropriate,

(f) make an annual report to the Minister, and such other reports as it considers appropriate, on fire services and fire safety activities of fire authorities.”.

29. —Section 18 of the Act of 1981 is amended—

(a) in subsection (1) (f) by—

(i) the substitution for “but excluding” of “including”, and

(ii) the insertion after subparagraph (iv) of the following new subparagraph:

“(v) any workplace.”,

(b) by the substitution for subsection (2) of the following subsection:

“(2) It shall be the duty of every person having control over premises to which this section applies to—

(a) take all reasonable measures to guard against the outbreak of fire on such premises,

(b) provide reasonable fire safety measures for such premises and prepare and provide appropriate fire safety procedures for ensuring the safety of persons on such premises,

(c) ensure that the fire safety measures and procedures referred to in paragraph (b) are applied at all times, and

(d) ensure, as far as is reasonably practicable, the safety of persons on the premises in the event of an outbreak of fire whether such outbreak has occurred or not.”,

and

(c) by the insertion after subsection (4) of the following subsections:

“(5) Advice referred to in subsection (4)—

(a) may include a warning that a fire safety notice may be served under section 20 or that the owner or occupier may be liable to prosecution by reason of a contravention of a provision of this Act,

(b) may be given on behalf of the fire authority by an authorised person authorised for the purposes of this section by a fire authority in accordance with subsection (11) of this section, and

(c) may include recommendations, orally or in writing, to such persons concerning fire safety measures and procedures.

(6) An authorised person may require a person having control over premises to which this section applies or to an owner or occupier of such premises—

(a) to carry out a fire safety assessment of such premises and to notify the fire authority of such assessment, and

(b) to carry out works specified under subsection (9) to such premises within a period of time so specified.

(7) An authorised person may issue a warning, in writing, concerning any matter arising out of fire safety procedures and measures on such premises.

(8) An authorised person may enter and inspect a premises to which this section or section 24 applies at all reasonable times for the purposes of this section.

(9) An authorised person may specify works to be carried out at a premises to which this section applies and may specify a period of time within which such works are to be carried out.

(10) Section 20(4) shall apply with any necessary modifications to works to be carried out under subsection (6).

(11) A fire authority may authorise a person to be an authorised person for the purposes of this section by an order made by a city manager or a county manager as the case may be.

(12) In this section ‘authorised person’ means a person appointed in accordance with subsection (11) of this section.”.

30. —The Act of 1981 is amended by the insertion, after section 20, of the following new section:

“20A.—(1) If an authorised person is of the opinion that a building or premises poses or is likely to pose a serious and immediate risk, including a risk of fire, to the safety of persons on or in such building or premises notwithstanding the procedures provided for in sections 20 and 23 of this Act, the authorised person may serve a closure notice on a person who owns, occupies or is in control of that building.

(2) A closure notice shall—

(a) state the opinion, referred to in subsection (1), of the authorised person,

(b) specify the matters which in the opinion of the authorised person give or, as the case may be, are likely to give rise to the said risk,

(c) state, where in the opinion of the authorised person, any of the matters referred to in paragraph (b) involves or, as the case may be, will involve a contravention of this Act and specify the reasons for that opinion, and

(d) direct that the activities to which the notice relates shall not be continued by any person unless the matters specified in accordance with paragraph (b) and any contravention of this Act specified in accordance with paragraph (c) have been remedied.

(3) A closure notice shall take effect—

(a) if the notice so declares, immediately the notice is received by the person on whom it is served, or

(b) in any other case—

(i) if no appeal is taken against the notice, on the expiration of the period during which such an appeal may be taken or the day specified in the notice as that on which it is to come into effect, whichever is the later, or

(ii) in case such an appeal is taken, on the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn or the day specified in the notice as that on which it is to come into effect, whichever is the later.

(4) The bringing of an appeal against a closure notice which is to take effect in accordance with subsection (3) (a) shall not have the effect of suspending the operation of the notice but the appellant may apply to the Court to have the operation of the notice suspended until the appeal is disposed of and, on such application, the Court may, if it thinks proper to do so, direct that the operation of the notice be suspended until the appeal is disposed of.

(5) (a) A person who is aggrieved by a closure notice may, within the period of 7 days beginning on the day on which the notice is served on him, appeal to a judge of the District Court in the District Court District in which the notice was served against the notice and in determining the appeal the judge may—

(i) if the judge is satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice, with or without modification, or

(ii) cancel the notice.

(b) Where at the hearing of an appeal under this section a closure notice is confirmed, notwithstanding subsection (3) the court may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case the court considers appropriate.

(6) A person who appeals against a closure notice or who applies for a direction suspending the application of the notice under subsection (4) shall at the same time notify the fire authority of the appeal or the application and the grounds for the appeal or the application and the fire authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal or the application.

(7) (a) Where a closure notice has been served and activities are carried on in contravention of the notice, the High Court may, on the application of an authorised person, by order prohibit the continuance of the activities.

(b) An application to the High Court for an order under this subsection shall be by motion and the Court when considering the matter, may make such interim or interlocutory order (if any) as it considers appropriate and the order by which an application under this subsection is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.

(8) Where a person on whom a closure notice has been served is of the opinion that the matters referred to in the closure notice have been rectified satisfactorily by the date specified in the closure notice, he or she may apply in writing to the authorised person for confirmation that the closure notice no longer has effect and the authorised person may so confirm if he or she is satisfied that such matters have been rectified.

(9) An authorised person may at any time seek confirmation in writing from the person on whom a closure notice has been served that the matters specified in the notice have been remedied.

(10) An authorised person may revoke a closure notice, by notice in writing to the person on whom it was served if—

(a) the authorised person has sought and obtained confirmation from the person on whom the notice was served that the matters specified in the closure notice have been remedied, or

(b) the authorised person is of the opinion that the matters specified in the closure notice have been remedied or the authorised person is of the opinion that the activities referred to in subsection (2) (d) no longer pose a risk of fire.

(11) A fire authority may authorise a person to be an authorised person for the purposes of this section by an order made by a city manager or a county manager as the case may be.

(12) In this section ‘authorised person’ means a person appointed in accordance with subsection (11) of this section.”.

31. —The Act of 1981 is amended by the insertion after section 18 of the following section:

“18A.—(1) The Minister or any other Minister of the Government may draw up and issue a code of practice for the purpose of providing practical guidance in respect of the requirements or prohibitions of the provisions of this Act or of any regulations made under section 37 and may include standards or specifications and written or illustrated form, of practical guidance and instruction.

(2) The Minister or any other Minister of the Government shall, before issuing a code of practice referred to in subsection (1), consult any other Minister of the Government or other person with whom, in his or her opinion, it is appropriate to consult.

(3) The Minister or any other Minister of the Government, may amend or revoke any code of practice issued under this section following consultation with any other Minister of the Government or any other person with whom, in his or her opinion, it is appropriate to consult.

(4) A code of practice concerning the matters referred to in subsection (1) issued by the Minister or any other Minister of the Government prior to the coming into operation of this section shall be deemed to be a code of practice issued under this section.

(5) Notice of a code of practice issued under this Act and any amendment to, or revocation of, a code of practice shall be published in Iris Oifigiúil.”.

32. —The Act of 1981 is amended by the insertion after section 21 of the following section:

“21A.—(1) Where a fire safety notice has been served under section 20 or confirmed under section 21 the owner or occupier of the building concerned may, subject to subsection (2), apply to the fire authority concerned requesting that the fire authority withdraw the fire safety notice.

(2) An owner or occupier shall furnish the fire authority with any necessary information concerning compliance with the matters specified in the fire safety notice when making an application under subsection (1).

(3) The fire authority may withdraw the fire safety notice if it is satisfied that the matters referred to in that fire safety notice have been complied with or may refuse the application to withdraw such notice and where an application is refused the fire authority shall state the reasons in writing for the refusal to the owner or occupier making the application.

(4) Where an application has been made under subsection (1) and the fire authority refuses to withdraw the fire safety notice, the owner or the occupier concerned may, not later than 4 weeks from the date on which that owner or occupier received notification of the decision or such later date as may be permitted by the District Court, appeal against the decision of the fire authority to the District Court for an order directing the fire authority to withdraw the fire safety notice.

(5) An application under subsection (4) shall be on notice to the fire authority concerned.

(6) At the hearing of an appeal under this section, the District Court may—

(a) dismiss the appeal and affirm the refusal of the fire authority to withdraw the fire safety notice, or

(b) allow the appeal and direct the fire authority to withdraw the fire safety notice.

(7) Where a fire safety notice has been withdrawn by a fire authority under subsection (3) or in accordance with a District Court order under subsection (6) (b), the fire authority concerned shall enter the relevant particulars into the register referred to in section 20(8).

(8) The jurisdiction conferred on the District Court under this section shall be exercised by the Judge of the District Court for the time being assigned to the district court district in which the building is situated.

(9) No appeal shall lie to the Circuit Court from a decision of the District Court under this section.”.

33. —Section 38 of the Act of 1981 is amended by the substitution for that section of the following section:

“38.—(1) Any notice or other document that is required to be served under this Act shall, subject to subsection (2), be addressed to the person concerned by name and may be served or given to the person in one of the following ways—

(a) by delivering it to the person,

(b) by leaving it at the address at which the person ordinarily resides or, in a case where an address for service has been furnished, at that address,

(c) by sending it by post in a prepaid registered letter to the address at which that person ordinarily resides or, in a case in which an address for service has been furnished, to that address, or

(d) where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and the notice or other document relates to any land or building, by delivering it to some person over the age of 16 years resident or employed on the land in or at the building or by affixing it in a conspicuous place on or near the land or building.

(2) Where a notice or other document under this Act is to be served on or given to a person who is the owner or to the occupier of any land or building and the name of the person cannot be ascertained by reasonable inquiry, it may be addressed to the person by using the words the owner or, as the case may require, the occupier.

(3) For the purposes of this section, a company registered under the Companies Acts 1963 to 2001, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(4) Where a notice or other document is served on or given to a person by affixing it in accordance with subsection (1) (d), a copy of the notice or other document shall, within 2 weeks thereafter, be published in at least one newspaper circulating in the area of the last known residence of that person.

(5) A person who, at any time during the period of 12 weeks after a notice or other document is affixed in accordance with subsection (1)(d), removes, damages or defaces the notice without lawful authority shall be guilty of an offence.”.

34. —Section 19 of the Act of 1981 is amended in subsection (2) by the deletion of paragraphs (c), (d) and (e).