Fire Safety Act 1993 · 2020 Revised Edition · Part 2 · Fire Hazard in Premises
32. Provision as to appeal against order
Feedback & supportLast amended by an amending law of 2019. 2 amendments in all.
Where a person appeals to the General Division of the High Court against a fire hazard order, the fire hazard order is suspended pending the determination or abandonment of the appeal.
fire hazard
“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;
If the fire hazard order has not been quashed on appeal, the period for compliance with the requirements of the fire hazard order starts to run on the determination or abandonment of the appeal.
There is no appeal to the General Division of the High Court against a fire hazard order, unless it is or includes a closing order or requires the execution of structural works.
If the appeal against a fire hazard order is dismissed or is abandoned, then despite subsections (1) and (2), the appellant shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 for every day or part of a day during the period prior to the dismissal or abandonment of the appeal when the fire hazard order was not complied with.
A fine under subsection (4) is not payable if the appellant satisfies the court before which proceedings are taken for the imposition of the fine that there was substantial ground for the appeal and that the appeal was not brought merely for the purpose of delay.
In the event of an appeal against a fire hazard order, no work, except as mentioned in subsection (7), may be done under section 31(6) under the order until after the determination or abandonment of the appeal.
If the court by which the order was made is of the opinion that the nature of the fire hazard is such as to require immediate abatement, the court may, even though the appeal is pending, authorise the Commissioner immediately to abate the hazard.
Commissioner
“Commissioner” means the Commissioner of Civil Defence appointed under section 6 of the Civil Defence Act 1986;
Despite subsection (7) —
if the appeal is allowed, the Commissioner must pay to the person against whom the order was made the amount of any damage sustained by the person by reason of the abatement of the hazard by the Commissioner; and
if the appeal is dismissed or abandoned, the Commissioner may recover from such person the expenses incurred by the Commissioner in abating the hazard in the manner provided for in section 34.[17