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Enforcement Authorities

Enforcement Authorities. RR(FS)O 2005. Part 3 – Enforcement 25 Enforcing authorities 26 Enforcement of order 27 Powers of inspectors 28 Exercise on behalf of fire inspectors etc. of their powers by officers and fire brigades 29 Alterations notices 30 Enforcement notices

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Enforcement Authorities

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  1. Enforcement Authorities

  2. RR(FS)O 2005 • Part 3 – Enforcement • 25 Enforcing authorities • 26 Enforcement of order • 27 Powers of inspectors • 28 Exercise on behalf of fire inspectors etc. of their powers by officers and fire brigades • 29 Alterations notices • 30 Enforcement notices • 31 Prohibition notices

  3. RR(FS)O 2005 • Part 4 – Offences and Appeals • 32 Offences • 33 Defences • 34 Onus of proving practicable or reasonably practicable • 35 Appeals • 36 Determination of disputes by S of S

  4. Powers of Inspectors PT 3 (27) • To enter any premises to inspect it and anything in it, where this can be effected without force. • Make inquiries. • To ascertain if the order applies and has been complied with. • Identify responsible person. • To require the production of any records which are required to be kept for inspection. • To require facilities and assistance. • To take samples of articles or substances. • Require the articles or substances to be dismantled

  5. Enforcement Notices PT (30) • Alterations Notice • Issued on premises at discretion of enforcing authority • Issued if serious risk, or may constitute a serious risk if changes were made to them • If served notice, the receiver must inform the enforcing authority of any proposed changes • Appeals can be made within 21 days of the notice to a magistrates court, which suspends the notice until hearing • Being issued a notice is not an offence, however non-compliance becomes an offence

  6. Enforcement Notices PT (30) • Enforcement Notice • Similar to improvement notice in H&S • Issued where there is a failure to comply with any provision of the order • Requires you to remedy the failure within a period of time and may be extended if not awaiting appeal • The notice will specify the provisions that must be complied with • The enforcing authority may withdraw notice • If the notice will cause alteration the enforcing authority will consult other authorities • Appeals can be made within 21 days of the serving of the notice, which suspends the notice until the hearing

  7. Enforcement Notices PT (30) • Prohibition Notice • Issued where the risk is so serious that the restriction of the premises should be prohibited or restricted • The notice will specify the provisions that must be complied with and may include directions as to the measures which the enforcing authority considers are necessary to remedy them • It may take effect immediately or at a time specified • The enforcing authority may withdraw notice • If the notice will cause alteration the enforcing authority will consult other authorities • Appeals can be made within 21 days of the serving of the notice, but remains in force until the hearing

  8. Procedures, Rights & Effects of Appeal • Appeal by “complaint of order” at Magistrates Court within 21 days of serving • Once appeal commenced – alterations and enforcement notices are suspended • Prohibition notice remains in force • Failure to comply with notice is a separate offence • Fail to comply with any requirement in an enforcement notice • Fail to comply with any prohibition or restriction imposed by a prohibition notice

  9. Prosecution • Summary • Magistrate Courts • Penalties 3-5 • Indictment • Crown Courts • Unlimited fines • Imprisonment for up to 2 years • See full scales in book

  10. Powers of Authorised Officers Under The Fire and Rescue Act 2004 • This Act gives power for fire and rescue authority to” do anything he reasonably believes to be necessary” in relation to extinguishing or preventing fires in an emergency and specifically to “enter premises or a place by force if necessary, without the consent of the owner or occupier of the premises or place”. • To enter premises at any reasonable time to obtain information that is needed for the discharge of the core functions of fire-fighting, dealing with RTA’s and specified emergencies • Investigate causes and progression of fires

  11. External Agencies • Fire Authority • Health and Safety Commission • Health and Safety Executive • Local Authorities • Environment Agency • Insurance Companies

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