Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989

JurisdictionUK Non-devolved
CitationSI 1989/76
Year1989

1989No. 76

FIRE PRECAUTIONS

The Fire Precautions (Factories, Offices, Shops and Railway

Premises) Order 1989

20thJanuary1989

27thJanuary1989

1stApril1989

In exercise of the powers conferred on me by section 1 of the Fire Precautions Act 1971 ( a) , I hereby make the following Order:

Citation and commencement

1. This Order may be cited as the Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989 and shall come into force on 1st April 1989.

Interpretation

2.-(1) In this Order-

"the 1971 Act" means the Fire Precautions Act 1971;

"basement" means a floor (however described) immediately below the ground floor;

"factory premises" means premises constituting, or forming part of, a factory within the meaning of the Factories Act 1961 ( b) and premises to which sections 123(1) and 124 of that Act (application to electrical stations and institutions) apply;

"first floor" means the floor above the ground floor;

"office premises" , "railway premises" and "shop premises" mean (respectively, and subject to paragraphs (2) and (3) below) office premises, railway premises and shop premises within the meaning of the Offices, Shops and Railway Premises Act 1963 ( c) , and premises deemed to be such premises for the purposes of that Act, other than premises consisting of a covered market place in which shop premises are aggregated.

(2) For the purpose of the definition in paragraph (1) above of "railway premises" , any reference in section 1(4) of the Offices, Shops and Railway Premises Act 1963 (which defines "railway premises" in that Act) to a building shall be construed as a reference to a building within the meaning of the 1971 Act, and accordingly the definition of "building" in section 90(1) of the Offices, Shops and Railway Premises Act 1963 shall not have effect for that purpose.

(3) In the definition in paragraph (1) above of "shop premises" the reference to a covered market place shall be construed as limited to such a place where a market is held by virtue of a grant from the Crown or of prescription or under statutory authority.

Revocation of designation order

3. The Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1976 ( d) is hereby revoked.

Designation of uses of factory, office, shop and railway premises

4. Subject to article 7 below, the following uses of premises are hereby designated for the purposes of section 1 of the 1971 Act (which requires fire certificates for premises put to designated uses), that is to say-

(a) 1971 c.40; section 1 was amended by the Health and Safety at Work etc. Act 1974 (c.37), section 78(2), and by the Fire Safety and Safety of Places of Sport Act 1987 (c.27), section 1(2).

(b) 1961 c.34.

(c) 1963 c.41.

(d) S.I. 1976/2009.

(a) use as factory premises;(b) use as office premises;(c) use as shop premises; and(d) use as railway premises,

being (in each case) a use of premises in which persons are employed to work.

Premises exempt from requirement for fire certificate

5.-(1) Notwithstanding the provisions of article...

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