Enforcement Notice

Premises Containing Moderate Fire Safety Deficiencies

Such workplaces would exhibit numerous less serious contraventions with a previous history of other less serious issues, and where the management is considered poor.

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• On completion of the fire safety audit of the premises, the inspector will calculate and confirm the enforcement expectation in accordance with the EMM.

• Where the enforcement expectation is prosecution, the matter will be referred to senior fire safety management for a decision and the responsible person advised of this action.

• Where the enforcement expectation is the issue of an enforcement notice, the inspector will inform the responsible person of this fact and that one will be served in due course. A notification of fire safety deficiencies may be issued to the responsible person as a prelude to the serving of the notice.

• On return to the fire safety base the inspector will produce the enforcement notice and serve it on the responsible person with immediate effect. The notice will require that person to remedy the failures identified in the schedule to the notice within the specified time period. (Not less than 28 days)

• In the case of large organisations with a number of premises, a copy of the informal notification and/or notice should be sent to the legally responsible person (company secretary etc.) for the body corporate.

• When considered satisfactory this fact should be confirmed in writing to the responsible person.

• The notice shall, for the most part, be served on the responsible person, however where such action cannot be taken, it will be necessary to look to other persons who have "to any extent control of the workplace". In the case of corporate employers, it is the body corporate that is the responsible person (the employer), and a local manager takes the status of an employee through whom the employer exerts overall control. Therefore the notice will generally be served on the company secretary at their registered offices, with a copy sent to the manager of the premises concerned.

• Consultation, prior to the issue of the enforcement notice, shall take place with any other authority with an interest in the premises concerned.

• The Authority may withdraw the enforcement notice at any time before the end of the period specified in the notice.

• The Authority may grant an extension, or further extension, of time specified for the steps to be taken if an appeal against the notice is not pending.

• On satisfactory completion of all items contained within the notice the responsible person should be informed in writing.

• Where there has been a failure to comply with the notice, or progress is unsatisfactory, then the responsible person shall be informed, in writing, that the matter is being referred for the consideration of legal action.