FireNet Community

FIRE SERVICE AND GENERAL FIRE SAFETY TOPICS => Fire Safety => Topic started by: messy on September 05, 2008, 08:10:51 PM

Title: Help with understanding Article 46
Post by: messy on September 05, 2008, 08:10:51 PM

Can anyone help me out here with what Article 46 means in practice with examples (hypothetical or otherwise)?


Other consultation by authorities
     46. —(1) Where a government department or other public authority intends to take any action in respect of premises which will or may result in changes to any of the measures required by or under this Order, that department or authority must consult the enforcing authority for the premises before taking that action.

    (2) Without prejudice to any power of the court to cancel or modify a notice served by a government department or other authority, no failure on the part of the department or authority to consult under paragraph (1) invalidates the action taken.

Title: Help with understanding Article 46
Post by: kurnal on September 06, 2008, 04:00:01 PM

Could it be the reverse of article 45?

If the Building Authority are taking action to enforce the building regs in a new build that has been occupied but no completion certificate issued because of outstanding issues, then before taking enforcement action that may affect general fire precautions they must consult the fire authority

Title: Help with understanding Article 46
Post by: PhilB on September 08, 2008, 10:56:04 AM

Article 45 deals with new builds, extensions and changes of use where plans are deposited by virtue of the building act.

Article 46 deals with any other situation where an authority intends to take action that may affect the general fire precautions.

E.g. DCFS may require additional toilets to be provided in an idependent school before granting registration. Before taking action to require this they must consult the enforcing authority for the Order.

Title: Help with understanding Article 46
Post by: wee brian on September 08, 2008, 12:17:21 PM

Highways authority issue a notice requiring an exit door to be permanenlty fixed shut 9or removed) because it swings over a public highway. They ought to check with the FRA first.

Title: Help with understanding Article 46
Post by: messy on September 08, 2008, 04:50:14 PM

Thanks. I am a little clearer on that now.

But do any authorities actually do it??

Title: Help with understanding Article 46
Post by: wee brian on September 09, 2008, 08:59:59 AM

Whilst they "must" do it, there are no sanctions if they don't.

They would get critisised in an enquiry but that's about it.  It does give FRAs a lever to organise communications links with the relevant authorities. Tha, of course, assumes that the FRA has got it's act together.