Prohibition Notice, Enforcement Notice, & Notification of Fire Safety Deficiencies in Scotland.
Have you recently been served with a Prohibition Notice, Enforcement Notice or Alterations Notice?
You may also have been served 'notification of unsatisfactory standard of fire safety measures' or notification of fire safety deficiencies'. If you have failed to remedy these matters fully then an immediate responce is required.
Fire Scotland provide free advice on 0131 663 3804
If the Fire Authority believes that the use of the premises constitutes a risk to persons so serious that the use of the premises or to continue with an activity ought to be prohibited or restricted they can serve a Prohibition notice.
A Prohibition Notice takes effect immediately it is served if the risk to safety is considered to be imminent, otherwise the Notice can be deferred. If the Notice is not deferred then the Prohibition Notice can halt all activity from those premises immediately. This can have a disastrous effect on your business.
The prohibition notice may specify steps to be taken to remedy the matters, if not then a proposal should be offered with a view to being sufficient to have the restrictions or prohibition lifted by the Fire Authority. It would also be more than likely that a suitable & sufficient Fire Risk Assesment has not been carried out. You must comply with the prohibition notice or restriction notice until the authority withdraws the notice in writting.
Fire Scotland offer fire safety consultancy, give free advice & an initial consultation. Telephone 0131 663 3804 for details.
The local Fire Authority can serve an Enforcement notice on the dutyholder if they are of the opinion that the dutyholder is failing to comply with the Fire (Scotland) Act 2005 and/or the Fire safety (Scotland) Regulations 2006.
An Enforcement notice must state what is wrong with your premises or Fire Safety procedures and must state the steps that the person must take to comply with the Notice. A period of not less than 28 days must be given for the carrying out of works.
If the Fire Authority believes that fire safety may be compromised if premises are altered, they may serve an Alterations Notice on the 'appropriate person' requiring them to inform the Authority of the pending alteration.This could be in respect of the premises; services, fittings or equipment; the use to which the premises are put, or where there is an increase in the quantities of dangerous substances present.
It is important to remember that fire safety offences are within the realms of criminal law and may be dealt with in the Sheriff Court.
Notification of Fire Safety Deficiencies in Scotland
The Scottish Fire and Rescue Authority enforce The Fire (Scotland) Act 2005 and the associated Fire Safety (Scotland) Regulations 2006.
Scots Fire law dictates that the enforcement auditing officer has the power to enter and inspect relevant premises, make enquiries about any matter, check your documentation and records, identify the duty holder, take samples and extracts of documents or undertake any other task deemed necessary at any reasonable time.
Where it is the opinion of the auditing enforcement officer that fire safety is or may be seriously compromised and there is a serious risk to life within a premises, the authority can place requirements upon a person or persons by using their enforcing powers under section 62 of the Act and by using documents called ‘prohibition notices’ under section 63, 'enforcement notices' - under section 64 or 'alteration notice' - under section 65.
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