Domestic Fire Safety (Wales) Measure 2011

Document Number:2011 nawm 3
 
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A Measure of the National Assembly for Wales to require the provision of automatic fire suppression systems in new residential premises in Wales.

This Measure, passed by the National Assembly for Wales on 16 February 2011 and approved by her Majesty in Council on 7 April 2011 , enacts the following provisions:

1 Requirement to provide automatic fire suppression systems

(1) Building work to which this Measure applies must, in respect of each residence to which it relates, comply with the requirements of subsection (4) , when—

(a) that work is completed, or

(b) the residence is occupied as a residence,

whichever is the earlier.

(2) Subject to subsection (3) , this Measure applies to building work in Wales which comprises or includes—

(a) constructing a building for use as a residence, or a number of residences,

(b) converting a building, or part of a building, to use as a residence, or a number of residences,

(c) subdividing one or more existing residences so as to create one or more new residences, or

(d) amalgamating existing residences so as to create a new residence or new residences.

(3) This Measure does not apply to building work—

(a) carried out for the purpose of discharging any function of a Minister of the Crown, or

(b) if building regulations imposing requirements as to the provision of automatic fire suppression systems apply to that work, or would apply but for a direction under section 8 of the 1984 Act dispensing with such requirements.

(4) The requirements of this subsection are that—

(a) each residence must be provided with an automatic fire suppression system,

(b) the system is operating effectively, and

(c) the system complies with such requirements as may be prescribed.

(5) References in subsection (4) to an automatic fire suppression system also include any supply of energy, water, or other substance, necessary for the effective functioning of the system.

2 Enforcement

(1) Except as provided in subsection (3) , it is the duty of a local authority to enforce the provisions of this Measure in relation to its area.

(2) Schedule 1 makes provision in relation to enforcement by local authorities.

(3) Subsection (1) has effect subject to the provisions of Schedule 2 (Building work supervised otherwise than by local authorities).

3 Provision of information

(1) Where, in accordance with building regulations—

(a) notice is given to a local authority of a proposal to carry out building work to which this Measure applies, or

(b) full plans of such work are deposited with a local authority,

such notice or plans must include or be accompanied by such information as is required by subsection (2) and be accompanied by such fee as may be prescribed.

(2) The information required by this subsection is such information for the purpose of demonstrating that the work is capable, when completed, of complying with the requirements of section 1(4) , as is, whether in relation to form or to content, prescribed.

(3) If, upon the giving of such notice or the deposit of such plans, information required by subsection (2)—

(a) is, in the opinion of the local authority, incomplete, or

(b) does not, in the opinion of the local authority, demonstrate that the work is capable, when completed, of complying with the requirements of section 1(4) ,

the authority must, within the relevant period, give notice in writing of that opinion to the person who gave that notice or, as the case may be, deposited those plans, setting out the reasons for that opinion.

(4) A person to whom notice has been given under subsection (3) may revise the information to which that notice relates and submit it to the local authority and, in that event, the notice given under subsection (3) ceases to have effect and, subject to subsection (5) , subsections (2) and (3) apply in relation to that information as if it had been included in, or accompanied, the notice or plans referred to in subsection (1).

(5) If revised information is submitted under subsection (4) , the relevant period referred to in subsection (3) runs from the date on which that information is received by the local authority.

(6) For the purposes of this Measure, “the relevant period” (“y cyfnod perthnasol”) means five weeks or such extended period expiring not later than two months from—

(a) the giving of such notice or the deposit of such plans, or

(b) where subsection (4) applies, the date on which the information is received by the local authority,

as may before the expiration of the five weeks, be agreed in writing between the local authority and the person giving such notice or depositing such plans.

(7) In any case where a question arises as to the correctness of the opinion of a local authority on which notice given under subsection (3) was based, the person to whom such notice was given may refer the question to the Welsh Ministers for determination and the Welsh Ministers may quash, vary or confirm that notice.

(8) A reference to the Welsh Ministers under subsection (7) must be accompanied by such fee as may be prescribed.

4 Authentication and service of documents

The provisions of the following sections of the 1984 Act apply in relation to documents authorised or required to be given, made, issued or served by or under this Measure, as they apply in relation to those given, made, issued or served under that Act—

(a) section 93 (authentication of documents) ,

(b) section 94 (service of documents) , and

(c) section 94 A (electronic service of documents).

5 Prosecution of offences

Proceedings in respect of an offence created by or under this Measure may only be instituted by—

(a) the local authority, or

(b) the Welsh Ministers.

6 Interpretation

(1) In this Measure—

“the 1984 Act” (“Deddf 1984”) means the Building Act 1984 (c. 55) ,

“the Assembly” (“y Cynulliad”) means the National Assembly for Wales,

“authorised officer” (“swyddog awdurdodedig”) means an officer of a local authority authorised in writing by that authority, either generally or specially, to act in matters of a specified kind or in a specified matter,

“building...

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