Section 19
Fire hazard order
(1)
Where a fire hazard abatement notice is served on any person, and if —
(a)
that person fails to comply with any of the requirements of the notice within the time specified therein; or
(b)
the fire hazard, although abated since the service of the notice, is, in the opinion of the Director, likely to recur in or on the same premises,
Fire Safety
B.L.R.O. 8/2022 25
the Director may make a complaint to the Court of a Magistrate and the
Court hearing the complaint may grant or refuse to grant a fire hazard order.
(2)
A fire hazard order referred to in subsection (1) may be —
(a)
an abatement order, which requires a person to comply with all or any of the requirements of a fire hazard abatement notice in connection with which the order is made, or otherwise to abate the fire hazard or to do what may be necessary to prevent the recurrence of the fire hazard within the period specified in the order;
(b)
a prohibition order, which prohibits the use of any premises for such activities as are specified in the order which activities may materially increase the likelihood of fire or danger to life or property resulting from the outbreak of fire in or on the premises;
(c)
a closing order authorising the closure of any premises which is likely to be a danger to life or property in the event of fire; or
(d)
a combination of such orders.
(3)
An abatement order or a prohibition order shall, if the person in respect of whom the order is made so requires or if the Court of a Magistrate making the order considers it desirable, specify the works to be executed by such person for the purpose of abating, or of preventing the recurrence of, the fire hazard to which the order relates.
(4)
A Court of a Magistrate, if satisfied that any premises in respect of which a prohibition order or a closing order granted under section 18(7) or this section is in force has been rendered suitable for the use specified in the order, may, on application by the Director or the owner or occupier of the premises, declare that it is so satisfied and revoke the prohibition order or closing order.
(5)
Any person in respect of whom a fire hazard order is made who, without reasonable excuse, fails to comply with the order is guilty of an offence and liable on conviction —
(a)
to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction;
or
Fire Safety 26
(b)
where the offence involves failure to comply with a closing order, to a fine not exceeding $100,000, imprisonment for a term not exceeding 12 months or both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction.
(6)
Without prejudice to subsection (5), where a fire hazard order has not been complied with, the Director may abate the fire hazard and may do whatever may be necessary in the execution of the order, and may recover any expenses reasonably incurred thereby from the person against whom the order was made.