Contents of Section

Chapter:

95F PDFTitle:FIRE SERVICES (FIRE HAZARD ABATEMENT) REGULATIONGazette Number:L.N. 113 of 2003; L.N. 194 of 2003
Section:10Heading:Fire hazard orderVersion Date:01/01/2004


(1) A magistrate may, at any time after a person is convicted of an offence under section 9, either on application by the Director or on the magistrate's own initiative, make a fire hazard order in the form of Form 2 in Schedule 1 in respect of that person.
(2) Notwithstanding subsection (1), whether or not a person on whom a fire hazard abatement notice is served has been convicted of an offence under section 9, a magistrate may, on application by the Director, make a fire hazard order in respect of that person if the Director proves to the satisfaction of the magistrate-

        (a) that the person has failed to comply with a requirement of the notice within the period specified in the notice; or
        (b) that the fire hazard, whether or not it has been abated since the service of the notice, has recurred, or is continuing.
(3) A fire hazard order may provide for any or any combination of the following matters-
        (a) require a person to comply with all or any of the requirements of a fire hazard abatement notice in relation to which the order is made, or otherwise to abate the relevant fire hazard within the period specified in the order;
        (b) require a person to do what may be necessary to prevent the recurrence or continuance of the relevant fire hazard within the period specified in the order;
        (c) prohibit a person from causing, permitting or suffering the relevant fire hazard to recur or continue. (L.N. 185 of 2003)
(4) If-
        (a) the person in respect of whom a fire hazard order is made so requires; or
        (b) the magistrate making the order considers it desirable,
that order shall specify the works to be carried out by that person for the purpose of abating, or of preventing the recurrence or continuance of, the fire hazard to which the order relates. (L.N. 185 of 2003)
(5) A fire hazard order is in addition to any penalties imposed in respect of an offence under section 9.