Article 5 Premises exempt from requirement for fire certificate

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

art. 5(3)(c) words inserted by Enterprise Consequential Amendments 1991 art. 2 Sch.
art. 5(2)(c) words inserted by Fire and Rescue Services Act 2004 (Consequential Amendments) 2004 art. 17
art. 5(2)(c) words inserted by Fire and Rescue Services Act 2004 (Consequential Amendments) 2005 art. 18
art. 5(2)(c) words substituted by Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) 2005 Sch. 1 para. 7

(1)

Notwithstanding the provisions of article 4 above, a fire certificate shall not by virtue of section 1 of the 1971 Act be required for any factory premises, office premises, shop premises or railway premises in which–

(a)

not more than twenty persons are at work at any one time; and

(b)

not more than ten persons are at work at any one time elsewhere than on the ground floor of the building constituting or comprising the premises,

unless one or more of the conditions specified in paragraph (2) below applies to the premises.

(2)

The conditions referred to in paragraph (1) above are–

(a)

that the premises are in a building containing two or more sets of premises which are put to any of the uses designated by article 4 above and the aggregate of the persons at work at any one time in both or (as the case may be) all those sets of premises exceeds twenty;

(b)

that the premises are in a building containing two or more sets of premises which are put to any of such uses and in both or (as the case may be) all those sets of premises the aggregate of the persons at work at any one time elsewhere than on the ground floor of the building exceeds ten;

(c)

that, in the case of factory premises, explosive or highly flammable materials (other than materials of such a kind and in such a quantity that the fire authority have determined that they do not constitute a serious additional risk to persons in the premises in case of fire) are stored or used in or under the premises.

(3)

Any reference in this article to persons at work is a reference to any of the following persons:

(a)

an individual who works under a contract of employment or apprenticeship;

(b)

an individual who works for gain or reward otherwise than under a contract of employment or apprenticeship, whether or not he employs other persons;

(c)

a person receiving training provided pursuant to arrangements made (whether before or after the coming into force of section 25 of the Employment Act 1988^f1) under section 2 of the Employment and Training Act 1973^f2.

Annotations

Footnotes

f1: 1988 c. 19.
f2: 1973 c. 50; section 2 was substituted by section 25 of the Employment Act 1988.