{
  "url": "https://openlegislation.uk/fire-precautions-factories-offices-shops-and-railway-premises-order-1989/article-5",
  "json_url": "https://openlegislation.uk/fire-precautions-factories-offices-shops-and-railway-premises-order-1989/article-5.json",
  "legislation": "uksi/1989/76",
  "legislation_title": "The Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989",
  "legislation_url": "https://openlegislation.uk/fire-precautions-factories-offices-shops-and-railway-premises-order-1989",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": "Premises exempt from requirement for fire certificate",
  "text": "(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–\n(a) not more than twenty persons are at work at any one time; and\n(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,\nunless one or more of the conditions specified in paragraph (2) below applies to the premises.\n(2) The conditions referred to in paragraph (1) above are–\n(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;\n(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;\n(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.\n(3) Any reference in this article to persons at work is a reference to any of the following persons:\n(a) an individual who works under a contract of employment or apprenticeship;\n(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;\n(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) under section 2 of the Employment and Training Act 1973.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1988 c. 19."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1973 c. 50; section 2 was substituted by section 25 of the Employment Act 1988."
    }
  ],
  "outstanding_effects": [
    {
      "type": "words inserted",
      "affecting": "uksi/1991/387",
      "affecting_title": "The Enterprise (Scotland) Consequential Amendments Order 1991"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2004/3168",
      "affecting_title": "The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004"
    },
    {
      "type": "words inserted",
      "affecting": "wsi/2005/2929",
      "affecting_title": "The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005"
    },
    {
      "type": "words substituted",
      "affecting": "ssi/2005/344",
      "affecting_title": "The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) (No. 2) Order 2005"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1989/76/article/5",
    "retrieved_at": "2026-10-29T15:51:06.924132+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}