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FIRE SERVICES (FIRE HAZARD ABATEMENT) REGULATION - SCHEDULE 1
FORMS FOR NOTICES AND ORDERS UNDER THIS REGULATION
[sections 3, 10, 11 & 16]
FIRE SERVICES (FIRE HAZARD ABATEMENT) REGULATION
(Section 3)
Fire Hazard Abatement Notice
TO........................................................................................................................................................................................................................................................................................................ (name and address of person by reason of whose own or whose servant's or agent's act, default or sufferance the fire hazard arose or continues, or owner, tenant, occupier or person in charge of the premises at which the fire hazard exists, as the case may be).
1. TAKE NOTICE that under section 3 of the Fire Services (Fire Hazard Abatement) Regulation the Director of Fire Services, being satisfied of the existence at..................................................................................................... (premises where fire hazard exists) of a fire hazard being ..................................................................... (describe the fire hazard), does hereby require you within ...................................... (specify the time) from the service of this notice, to abate the fire hazard and for that purpose to ...................................................................... (specify works to be carried out).
2. If you make default in complying with the requirements of this notice you are liable to prosecution for an offence under section 9 of the Fire Services (Fire Hazard Abatement) Regulation. On conviction, a court may impose a maximum fine at level 6 and a further fine of $10000 for each day during which the offence continues. Application may also be made for an order against you requiring the abatement of the fire hazard or prohibiting its recurrence or both and for recovering the costs which may be incurred thereby.
Dated this .................... day of ...................., ..........
(Signed) ..........................................................
Director of Fire Services
FIRE SERVICES (FIRE HAZARD ABATEMENT) REGULATION
(Section 10)
Fire Hazard Order
To A.B. of ........................................................................... (or to the owner, tenant, occupier or person in charge of) (describe premises) situated at ............................................................(insert such description of the situation as may be sufficient to identify the premises).
WHEREAS the said A.B. (or, the owner, tenant, occupier or person in charge of the said premises, namely ................................................................... ) has this day appeared before me/us, ................................................................................... (describe the court), to answer the matter of a complaint made by ............................................ etc. that at ...................................... etc. (follow the words of complaint in summons):
[(or, in the case where the party charged does not appear, say, in place of the foregoing).
WHEREAS it has been now proved to my/our satisfaction that a summons has been duly served requiring the said A.B. (or, the owner, tenant, occupier or person in charge of the said premises) to appear this day before me/us to answer the matter of a complaint made by ....................................... etc. that at ............................................... etc. (following the words of complaint in summons):]
(Any of the following orders may be made or a combination of any of them, as the case seems to require.)
| Now on proof here had before me/us that the fire hazard so complained of does exist at the said premises (add, where the order is made on the person causing the fire hazard—and that the fire hazard is caused by the act, default or sufferance of A.B.), I/we, in pursuance of section 10 of the Fire Services (Fire Hazard Abatement) Regulation, do order the said A.B. (or, the said owner, tenant, occupier or person in charge) within ................................... (specify the time) from the service of this order to abate ............................................................................. (here specify the fire hazard to be abated and the manner, whether by compliance with the requirements of the relevant fire hazard abatement notice, or otherwise). |
Order 1 |
| And I/we being satisfied that the said fire hazard is continuing, do therefore prohibit the said A.B. (or, the said owner, tenant, occupier or person in charge) from allowing the recurrence/continuance of the said fire hazard (and for that purpose I/we direct the said A.B. (or, the said owner, tenant, occupier or person in charge) ............................................................................................... [here specify any works to be carried out]). |
Order 2 |
| Now on proof here had before me/us that at or recently before the time of making the said complaint, to wit, on ................................................................, the fire hazard so complained of did exist at the said premises, but that the fire hazard has since been abated (add, where the order is made on the person causing the fire hazard—and that the fire hazard was caused by the act, default or sufferance of A.B.), yet, notwithstanding the abatement, I/we, being satisfied that the same fire hazard has recurred at the said premises, do therefore prohibit (continue as in Order 2). |
Order 3 |
Dated this ................. day of ................................, ................
(Signed) ..............................................
Magistrate
(L.N. 185 of 2003)
FIRE SERVICES (FIRE HAZARD ABATEMENT) REGULATION
(Section 11)
Prohibition Order
TO ................................................................................................................................ (name and address of person served with a fire hazard abatement notice under section 3 of the Fire Services (Fire Hazard Abatement) Regulation) being a person upon whom a fire hazard abatement notice under section 3 of the Regulation was served on ............................................ (date of service) in respect of premises situated at ..............................................(insert such description of the situation as may be sufficient to identify the premises).
TAKE NOTICE that the Director of Fire Services has this day appeared before me/us and by information sworn on oath has proved to my/our satisfaction that-
(a) you have been given notice in writing by the Director of Fire Services as required by section 11(2)(a) of the Fire Services (Fire Hazard Abatement) Regulation of his intention to swear the information;
(b) the fire hazard continues and the cause of the fire hazard is the structural character of the premises or their location having regard to the nature of the area in which they are situated; and
(c) the premises are being used for a purpose which may materially increase the likelihood of fire or other calamity or danger to life or property resulting from the outbreak of fire or the occurrence of any other calamity in or on the premises.
NOW THEREFORE I/We in pursuance of section 11 of the Fire Services (Fire Hazard Abatement) Regulation do hereby PROHIBIT the use of the premises for the purpose specified as follows:
...........................................................................................................................................................................................................................................................................................................................................................................................................................................................................(describe use, purpose and prohibition).
Dated this ................. day of ................................, ................
(Signed) ...............................................
Magistrate
FIRE SERVICES (FIRE HAZARD ABATEMENT) REGULATION
(Section 16)
Removal Order
TO .......................................................................................................................... (name and address) being the owner, tenant, occupier or person in charge of premises situated at ....................................................................... (insert such description of the situation as may be sufficient to identify the premises) having been convicted of the offence of .............................................................. (describe offence) under section .............................. (14 OR 15) of the Fire Services (Fire Hazard Abatement) Regulation on ......................................................... (date of conviction) at ...................................................... Court.
TAKE NOTICE that under section 16 of the Fire Services (Fire Hazard Abatement) Regulation I/we do require you within .............................................................................................. (specify time) from the service of this order to remove ................................................................................ (the articles or things to which that offence relates OR the lock or other device to which that offence relates).
IF you make default in complying with the requirements of this order you are liable to prosecution for an offence under section 16(4) of the Fire Services (Fire Hazard Abatement) Regulation. On conviction, you may be liable to a maximum fine of $200000, and you may also be liable to a further fine of $20000 for each day during which the offence continues. The Director of Fire Services may also carry out any work necessary to give effect to the requirements of this order and take proceedings to recover from you the costs which may be incurred thereby.
Dated this ................. day of ................................, ................
(Signed) ..................................................
Magistrate
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