Paragraph 2

Section 20 of that Act (precautions against fire in certain buildings and cubical extent of buildings) shall have effect as if for subsections (1) and (2) there were substituted the following subsections—

“(1)

This section applies where—

(a)

a buildings is to be erected with a storey or part of a storey at a greater height than—

(i)

30 metres; or

(ii)

25 metres if the area of the building exceeds 930 square metres;

(b)

a building of the warehouse class, or a building or part of a building used for the purposes of trade or manufacture, exceeds 7,100 cubic metres in extent unless it is divided by division walls in such manner that no division of the building is of a cubical extent exceeding 7,100 cubic metres.

(2)

A wall is a division wall for the purposes of subsection (1) of this section if—

(a)

it extends from its foundations to form a complete separation in one vertical plane between the divisions of the building or the parts of the building; and

(b)

it has a fire resistance of not less than four hours; and

(c)

any openings in the wall comply with the requirements of subsections (4A) and (4B) of section 21 of this Act; and

(d)

where the difference in height of any roofs which adjoin the wall is less than 375 millimetres either—

(i)

the wall extends to a height above the roof of the highest building or part of the building which adjoins the wall of not less than 375 millimetres measured at right angles to the upper surface of that roof; or

(ii)

any part of the roof within 1.5 metres of the wall is constructed so that—

1. (1)

   it is designated for purposes of resisting fire penetration and spread not less than the standard AA in British Standard 476; Part 3: 1958 published by the British Standards Institution;

2. (2)

   its deck is of solid or hollow slab construction of non-combustible materials not less than 100 millimetres in thickness; and

3. (3)

   The junction between it and the wall is fire-stopped by means of a seal of non-combustible materials provided to close any imperfection of fit so as to restrict penetration of smoke and flame.

(2A)

Subject to sub-section (2B) of this section, the Council may impose conditions for the provision and maintenance of—

(a)

fire alarms;

(b)

automatic fire detection systems;

(c)

fire extinguishing appliances and installations;

(d)

effective means of removing smoke in case of fire;

(e)

adequate means of access to the interior, exterior and site of the building for fire brigade personnel and appliances.

(2B)

Paragraphs (a) to (c) of subsection (2A) of this section shall not apply to any building to which this section applies in respect of which a fire certificate issued by the Health and Safety Executive is for the time being required under the Health and Safety at Work etc. Act 1974^f1

(2C)

The Council may impose additional conditions in respect of any special fire risk area for—

(a)

restricting the use of any such area in the building;

(b)

the provision and maintenance of proper arrangements for lessening so far as is reasonably practicable danger from fire in the building.

(2D)

For the purposes of subsection (2C) of this section a “special fire risk area” includes an area—

(a)

where any of the following apparatus is installed—

(i)

a heat producing appliance designed to produce in excess of 220 kilowatts of heat; or

(ii)

a fixed internal combustion engine (including a gas turbine engine) designed to produce in excess of 44 kilowatts of power; or

(iii)

electrical oil-cooled transformers or oil-filled switch gear each with an oil capacity in excess of 250 litres operating at a supply voltage in excess of 1,000 volts;

(b)

where any flammable or combustible solid, liquid or gaseous substances are manufactured, treated, handled or stored in quantities likely to constitute a fire hazard including—

(i)

fuel oil, diesel oil or petroleum spirit;

(ii)

nitrate film or celluloid;

(c)

where a cellulose or other flammable liquid spraying room is located; or

(d)

where any storey of a garage, vehicle park, loading bay or loading dock is located—

(i)

in a basement; or

(ii)

at ground level or above and is not adequately ventilated.

For the purposes of this paragraph a “basement” means a storey of which the floor is at any point more than 1.2 metres below the finished surface of the ground adjacent to it.

(2E)

For the purposes of subsection (2D)(d) of this section, a storey is “adequately ventilated” if and only if—

(a)

it contains openings or ducts in its external enclosures which afford permanent ventilation from the external air; and

(b)

the openings or ducts are arranged on opposing faces so as to provide adequate cross ventilation to all parts; and

(c)

the unobstructed area of the openings or ducts is in total not less than five per cent. of the floor area of that storey of the garage, vehicle park, loading bay or loading dock.

(2F)

The owner or occupier of a building to which this section applies shall, before or at the same time as any notice is given or plans are deposited in respect of the building, deposit at the County Hall two copies of plans of the building in accordance with regulations made by the Council.

(2G)

The Council shall impose any conditions which it may impose under this section within five weeks from the date on which plans are deposited in respect of the building in accordance with this section or within such extended period as may before the expiration of the five weeks be agreed in writing between the person who deposited the plans and the Council.”.