30. Power to order closure of premises in emergency

Amended

Last amended by an amending law of 2013.

(1)

The Commissioner may, if the Commissioner is satisfied of the matters specified in section 29 and that it is necessary for the safety of persons that the premises should be closed immediately —

(a)

order the owner or occupier of the premises to close the premises immediately for such period not exceeding 72 hours as is specified in that order and as the Commissioner considers necessary for the alleviation of the danger in question; or

(b)

if an order referred to in paragraph (a) cannot for any reason be given to the owner or occupier of the premises or if such an order, having been given to that owner or occupier, is not immediately obeyed, close the premises for such period not exceeding 72 hours as the Commissioner considers necessary for the alleviation of the danger in question, using such force as is reasonably necessary for the removal from the premises of persons therein without doing them bodily harm.

(2)

The Commissioner may exercise the powers under subsection (1)(a) or (b) in respect of the occurrence of a fire hazard, whether or not the fire hazard has been abated since the service of a fire hazard abatement notice on the owner or occupier of the premises under section 28, if —

(a)

within the 24 months immediately before that fire hazard arose, the same owner or occupier of the premises (as the case may be) had been convicted of any combination of 3 or more offences under subsection (10) or section 28(5), 31(5) or 32(4) in respect of the premises, whether or not any of those offences related to a fire hazard similar to that fire hazard;

(b)

the Commissioner is satisfied that it is necessary for the safety of persons for the premises to be closed immediately; and

(c)

the Commissioner has not previously exercised the powers under this subsection in respect of the same occurrence of the fire hazard.

(3)

The period of 24 months mentioned in subsection (2)(a) must not start on a date earlier than 1 September 2013.

(4)

The Commissioner giving an order under subsection (1) or (2) must do so —

(a)

in writing served on the owner or occupier of the premises in question; or

(b)

orally, in which case the Commissioner must, as soon as is practicable thereafter, serve on the owner or occupier of the premises in question confirmation in writing of the contents of that order and of the time and place at which that order was so given, and must cause a copy of that order or confirmation (as the case requires) to be affixed to those premises in a conspicuous position.

(5)

The Commissioner may, if he or she considers that the danger to which an order given under subsection (1) or (2) relates has been alleviated, rescind that order.

(6)

Any police officer may, if requested by the Commissioner or an authorised officer to do so, assist the Commissioner or authorised officer in the exercise of any power conferred on the Commissioner by this section.

(7)

If the Commissioner or an authorised officer considers that a danger in relation to which he or she has exercised the power conferred on him or her by subsection (1) or (2) cannot be, or has not been, alleviated within a period of 72 hours mentioned in subsection (1), he or she must, having given such prior notice of his or her intention to do so to the owner or occupier of the premises in question as is practicable in the circumstances, apply to a Magistrate’s Court for an order directing the owner or occupier to close or keep closed (as the case requires) those premises for such period as the Court considers necessary for the alleviation of that danger.

(8)

A Magistrate’s Court may, on an application made to the Court under subsection (7), grant, subject to such conditions as the Court thinks fit to impose, the order sought by the application.

(9)

If an application is made to a Magistrate’s Court under subsection (7) while the premises in question are closed under subsection (1) or (2), that closure continues until the application is finally determined or is withdrawn.

(10)

Any person who, without reasonable excuse, fails to comply with any closing order given by the Commissioner under subsection (1) or (2) or the order made by the Magistrate’s Court under subsection (8) shall be guilty of an offence and shall be liable on conviction —

(a)

to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and

(b)

in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

(11)

In considering whether it is necessary for the safety of persons for the premises to be closed immediately or whether a danger has been alleviated, in relation to the application of this section to a fire hazard, the Commissioner or the Magistrate’s Court (as the case may be) may consider whether —

(a)

that fire hazard is likely to recur in or on the premises; and

(b)

that fire hazard, if it were to recur in or on the premises, would —

(i)

constitute an immediate or substantial danger of fire in or on the premises; or

(ii)

be likely, if a fire breaks out in or on the premises, to increase the normal risk to life which occurs in the event of a fire.[15

Terms defined in this Act

authorised officer
Defined · s 2
“authorised officer”, in relation to any power conferred or duties imposed on the Commissioner by or under this Act, means a person authorised under section 3 to exercise that power or to carry out that duty;
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Commissioner
Defined · s 2
“Commissioner” means the Commissioner of Civil Defence appointed under section 6 of the Civil Defence Act 1986;
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fire hazard
Defined · s 2
“fire hazard” means any matter or circumstance which materially increases the likelihood of fire or the danger to life or property that would result from the outbreak of fire and includes —(a)any alteration to any building in contravention of any law relating to building works or fire safety works such as might render escape in the event of fire more difficult;(b)any removal from any building of any fire safety measure which was provided in such building in accordance with plans approved by the Commissioner under section 55;(c)any specified fire hazard; and(d)any other matter or circumstance which would materially hamper the Force in the discharge of its duties in the event of fire;
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fire hazard abatement notice
Defined · s 2
“fire hazard abatement notice” means a written notice issued by the Commissioner under section 28(1);
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Force
Defined · s 2
“Force” has the meaning given by the Civil Defence Act 1986;
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occupier
Defined · s 2
“occupier”, in relation to any premises, means the person in occupation of the premises or having the charge, management or control thereof and, in relation to any part of any premises different parts of which are occupied by different persons, means the person in occupation or having the charge, management or control of that part;
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officer
Defined · s 2
“officer” has the meaning given by the Civil Defence Act 1986 and includes any public officer serving in the Force as engineering or technical officer;
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place
Defined · s 77
“place” includes houses, yards and open spaces appurtenant thereto, buildings and footways and any underground space;
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premises
Defined · s 2
“premises” includes messuages, houses, buildings, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built or not, whether public or private, and whether or not maintained under statutory authority;
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