Why you must consult the fire authority
Premises where legislation requires notice to or consultation with the fire authority other than the Building Act 1984:
Pet Animals Act, 1951
Animal Boarding Establishments Act, 1963
Riding Establishments Act, 1964 (as amended)
Breeding of Dogs Act, 1973
Zoo Licensing Act, 1981
These premises are controlled by a licensing system operated by the district council and, in any decision to grant a licence, the licensing authority is obliged to have regard to the protection of animals in case of fire or in an emergency.
Children Act, 1989
Provision is made in Schedules 4,5,6,8 and 9 for the making of regulations covering fire safety in community homes, voluntary homes, registered children's homes, privately fostered children's accommodation and premises providing child minding and day care for young children. Regulation 14 of The Children's Homes Regulations 1991 (S.I. 1991 No 1506) makes various requirements of responsible authorities in relation to fire precautions.
Elderly & Disabled Persons Homes
Registered Homes Act 1984 (as amended by the Registered Homes (Amendment) Act, 1991)
Regulations made under this Act - The Residential Care Homes Regulations 1984 (S.I.1984 No 1345) and The Nursing Homes and Mental Nursing Homes Regulations, 1984 (S.I.1984 No 1578)(as amended) - require persons registered to take adequate fire precautions in the home and to consult the fire authority for this purpose.
Houses In Multiple Occupation
Housing Act 1985 (as amended by the Local Government and Housing Act 1989),sections 352,365 and 368
If a local authority believe that a house in multiple occupation is not provided with such means of escape and other fire precautions as the authority think necessary, they may serve notice specifying the work necessary to provide a proper means of escape and requiring work to be executed within a specified period. Before serving any notice, etc, relating to means of escape the local authority must consult the fire authority.
Cinemas Act, 1985
An applicant for the grant or renewal of a cinema licence must give written notice of the application to the fire authority. The licensing authority may grant, renew or transfer a licence having regard to any observations made to them by the fire authority.
Gaming Act, 1968
Applications for grant or renewal of a licence are made to the licensing justices and the fire authority has a right to be heard on any application made.
Licensing Act, 1964(as amended by the Licensing Act, 1988)
An application for grant or renewal of a justice's licence must give written notice of the application to the fire authority. The fire authority on the basis of fire risk can make objections to the grant of licence. In the case of licensed clubs, the fire authority has the right to make an objection to applications on the ground that 'the premises are not suitable and convenient for the purpose in view of their character and condition and of the size and nature of the club'.
Local Government (Miscellaneous Provisions) Act, 1982
An applicant for the grant or renewal of an entertainments license (for premises used for music, dancing and similar entertainments) has to notify the fire authority and, when considering the application, the licensing authority must have regard to any observations of the fire authority. This Act does not apply in London.
Theatres Act, 1968
The licensing authority may grant a licence on such terms and conditions as may be specified and, although conditions vary, they may relate to fire safety matters.
Places of Marriage
Marriage Act 1994 Marriages (Approved Premises) Regulations 1995
Section 1 of this Act amended the Marriage Act 1949 to permit civil marriages to take place on premises approved for the purpose by local authorities. Schedule 1 to these regulations lists the requirements for the grant of approval, which includes fire precautions as may be reasonably required by the local authority having consulted with the fire authority.
Places Of Sport
Safety of Sports Grounds Act, 1975(as amended by the Fire Safety and Safety of Places of Sport Act, 1987)
In London and the metropolitan counties, the local authority must send a copy of the application for a safety certificate to the fire authority and must consult them about the terms and conditions to be included in the certificate before it is issued. (Elsewhere, the copy must be sent to the building authority).
Education Act, 1944 (as amended)
Education authorities and governing must secure their compliance with the Education (School Premises) Regulations 1981(S.I.1981 No909). Independent schools are not exempted from the operation of the Building Regulations. Also, under the Education (Particulars of Independent Schools) Regulations, 1982 (S.I. 1982 No 1730) the particulars of advice given by the fire authority on fire safety matters have to be declared in applications for registration of the school and in the annual return to the relevant Registrar.
H - Local Acts
H 1. There are many Local Acts in operation in various areas in England and Wales and some of these include provisions requiring consultation with the fire authority. The local authority will advise where these Acts apply. Some of the provisions contained in these acts may have been subsumed into Part B of the Building Regulations.
H 2. Some Acts where fire-related provisions occur are listed below:
Berkshire Act 1986
Cheshire County Council Act 1980
Clwyd County Council Act 1985
County of Cleveland Act 1987
Cumbria Act 1982
Derbyshire Act 1981
East Sussex Act 1981
Greater Manchester Act 1981
Hampshire Act 1983
Hereford City Council Act 1985
Humberside Act 1982
Isle of Wight Act 1980
Merseyside Act 1980
Poole Borough Council Act 1986
Surrey Act 1985
Worcester City Council Act 1985
County of South Glamorgan Act 1976
County of Avon Act 1982
Dyfed Act 1987
Leicestershire Act 1985
Staffordshire Act 1983
South Yorkshire Act 1980
West Glamorgan Act 1987
County of Kent Act 1981
West Yorkshire Act 1980
West Midlands County Council Act 1980
Bournemouth Borough Council Act 1985
H 3. In addition to these Acts, there are fire-related provisions in the London Building Acts (Amendment) Act 1939, which applies in Inner London.
H 4. Typical fire-related provisions allow councils to attach conditions to the passing of plans submitted under the Building Act, requiring access for the fire brigade, fire safety precautions in multi-storey car parks, fire precautions in tall buildings and large storage buildings, and means of escape.