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AT 4 of 1950
FIRE ESCAPES ACT 1950
Fire Escapes Act 1950
Index
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FIRE ESCAPES ACT 1950
Index
Section
1
Page
Short title .......................................................................................................................... 5
PART I
2
5
Definitions........................................................................................................................ 5
PART II
3
4
5
6
7
8
9
6
Board may make regulations ........................................................................................ 6
Fire-escape Certificates .................................................................................................. 7
Appeals ............................................................................................................................ 8
Inside fire-escape defects reports ................................................................................. 8
Outside fire-escape defects reports .............................................................................. 9
Tenant may apply to High Court for suspension of payment of rent................... 10
Registers of buildings ................................................................................................... 10
PART III
10
11
12
13
14
15
10
Loans towards cost of making good defects ............................................................. 10
Charge ............................................................................................................................ 11
Repayment of loans ...................................................................................................... 11
Charge by life tenant, etc ............................................................................................. 11
Repeals ........................................................................................................................... 11
Commencement of Act ................................................................................................ 12
SCHEDULE
13
ENDNOTES
15
TABLE OF LEGISLATION HISTORY
15
TABLE OF RENUMBERED PROVISIONS
15
TABLE OF ENDNOTE REFERENCES
15
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AT 4 of 1950
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Fire Escapes Act 1950
Section 1
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FIRE ESCAPES ACT 1950
Received Royal Assent:
25 April 1950
Passed:
16 May 1950
Commenced:
16 May 1950 and 21 March 1061
AN ACT to require the occupiers and owners of certain buildings to provide
proper means of escape in the case of fire for the persons residing therein.
GENERAL NOTES
1.
The maximum penalties in this Act are as increased by the Criminal Justice
(Penalties, Etc.) Act 1993 s 1.
2.
References to the Treasurer of the Isle of Man are to be construed in accordance
with the Treasury Act 1985 s 7.
1
Short title
This Act may be cited as the Fire Escapes Act, 1950.
PART I
2
Definitions
In this Act, the following terms shall have the meaning assigned to them, that is
to say —
“Board” means the Isle of Man Local Government Board.
“building” means any building which exceeds two storeys in height and in
which the floor of any upper storey is more than twenty feet above the
surface of the street or ground on any side of the building, or any
building of two storeys in height which is not accessible to a wheeled
fire-escape, and which —
c
(a)
is let in flats or tenement dwellings; or
(b)
is used as an inn, hotel, boarding-house, lodging house, hospital,
nursing home, boarding school, children’s home, or similar
institution; or
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Section 3
Fire Escapes Act 1950
(c)
is used as a restaurant, shop, office, store or warehouse and has,
on any upper floor, sleeping accommodation for persons
employed on the premises.
“High Court” means the Civil Division of the High Court of Justice exercising
summary jurisdiction.1
“inside fire-escape” means any portable and manipulative contrivance which
provides means of escape in the case of fire, and which is not an outside
fire-escape or a wheeled fire-escape.
“outside fire-escape” means any permanent or structural contrivance which is
installed for the purpose of providing means of escape in the case of fire,
and which is permanently fixed to a building.
“wheeled fire-escape” means any carriage fire-escape.
“Authority” means in the case of a building situate within the Borough of
Douglas, the Mayor, Aldermen and Burgesses of such Borough; within
the Towns of Ramsey, Castletown and Peel, the Town Commissioners for
such Towns respectively; within the Village Districts of Onchan, Laxey,
Port Erin, Port St. Mary and Michael, the Commissioners for such Village
Districts respectively; and in the case of all other districts, the Isle of Man
Local Government Board.
PART II
3
Board may make regulations
(1)
(2)
Page 6
The Board may, from time to time, make Regulations —
(a)
requiring the occupiers of buildings to provide and maintain
inside fire-escapes which give proper means of escape in case of
fire for the persons residing therein;
(b)
requiring the owners of buildings which the Board consider
should be provided with outside fire-escapes which give proper
means of escape in case of fire for the persons residing therein, to
provide and maintain such outside fire-escapes;
(c)
providing for the inspection of buildings by persons appointed by
the Authority;
(d)
prescribing penalties for breaches of regulations; and
(e)
prescribing all matters which by this Act are to be prescribed.
Before making regulations under this section, the Board, in a notice
inserted by them in two or more newspapers printed and circulating in
the Isle of Man, shall state the place where a draft of the proposed
regulations may be inspected, and shall specify a date (not being a date
earlier than one month after the insertion of the notice) at or after which
the draft will be taken into consideration by the Board; and the Board
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Fire Escapes Act 1950
Section 4
shall consider any objection or suggestion which may be received from
any person with respect to the draft before the date so specified.
4
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(3)
Any regulations made by the Board under this section shall be subject to
the approval of Tynwald.
(4)
The regulations made by the Board under this section, for the time being
in force, may be referred to as ‘The Fire-Escapes Regulations’.
Fire-escape Certificates
(1)
An officer of the Authority may, at any time, issue a certificate or
certificates in writing to the Authority that the building specified in such
certificate or certificates does not comply with the requirements of the
Fire-Escapes Regulations.
(2)
Every such certificate shall specify the matters in respect of which the
building to which it relates does not comply with the Fire-Escapes
Regulations (hereinafter referred to as ‘the defects’), and shall state
whether the defects should be made good by the provision, or repair, or
improvement, of inside fire-escapes (a certificate containing such
statement being hereinafter referred to as an ‘inside fire-escape defects
certificate’), or by the provision, or repair, or improvement, of outside
fire-escapes (a certificate containing such statement being hereinafter
referred to as an ‘outside fire-escape defects certificate’).
(3)
An officer of an Authority may issue an inside fire-escape defects
certificate and an outside fire-escape defects certificate in respect of the
same building.
(4)
The Authority shall, at such time as they may in each case determine,
forward, by registered post, a copy of every inside fire-escape defects
certificate to the occupier of the building to which it relates.
(5)
If the occupier of a building is dissatisfied with the inside fire-escape
defects certificate relating to such building or is of opinion that the
defects specified in such certificate can not be made good within the time
limited by section 6(1) of this Act, he may appeal therefrom to the Board,
and the Board may confirm, reverse or vary such certificate and may
extend the time within which the defects must be made good.
(6)
The Authority shall, at such time as they may in each case determine,
forward, by registered post, a copy of every outside fire-escape defects
certificate to the owner of the building to which it relates.
(7)
If the owner of a building is dissatisfied with the outside fire-escape
defects certificate relating to such building or is of the opinion that the
defects specified in such certificate can not be made good within the time
limited by section 7(1) of this Act, he may appeal therefrom to the Board,
and the Board may confirm, reverse or vary such certificate and may
extend the time within which the defects must be made good.
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Section 5
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Fire Escapes Act 1950
Appeals
On an appeal to the Board: —
(1)
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The Board shall take into consideration the following matters (inter
alia): —
(a)
that the Authority have refused unreasonably to approve the
execution of alternative works to those specified in the certificate,
or that the works specified in the certificate are unreasonable in
character or extent or are unnecessary;
(b)
that the time allowed for making good the defects is not
reasonably sufficient for the purpose;
(c)
that the work specified in the certificate is work for the common
benefit of the building to which the certificate relates and other
buildings.
(2)
The Board may order the owner or owners, occupier or occupiers of a
building or buildings other than that to which the certificate relates to
contribute towards the cost of the works.
(3)
The owner or occupier of a building who appeals on the grounds
specified in sub-section (1)(c) of this section shall furnish the Board with
particulars in the prescribed form of all the owners or occupiers of
buildings from whom he claims contribution, and the Board shall, at
least seven clear days before hearing such appeal, forward by prepaid
registered post to every such owner or owners from whom contribution
is claimed a copy of such form.
(4)
The owner or occupier of a building who appeals on the grounds
specified in sub-section (1)(b) of this section may appeal for a further
extension of the time within which the defects in a certificate are to be
made good notwithstanding that he has previously been granted an
extension of such time.
Inside fire-escape defects reports
(1)
The occupier of a building shall make good the defects specified in the
inside fire-escape defects certificate relating to such building (in its
original form or as varied by the Board, as the case may be), to the
satisfaction of the Authority, within three months (or such further period
as may be allowed by the Board), from the date on which a copy of such
certificate was forwarded by registered post to such occupier (such
period of three months or such further period, if any, being hereinafter
referred to as ‘the inside fire-escape defects making good period’).
(2)
An officer of the Authority may, at any time (but not earlier than the end
of the inside fire-escape defects making good period) report in writing to
the Authority that the defects specified in such certificate (in its original
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Fire Escapes Act 1950
Section 7
form or as varied by the Board, as the case may be) have not been made
good (hereinafter referred to as an ‘inside fire-escape defects report’).
7
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(3)
The Authority shall, at such time as they may in each case determine,
forward, by registered post, a copy of every inside fire-escape defects
report to the occupier of the building to which it relates.
(4)
An inside fire-escape defects report shall be deemed to be in operation in
respect of the building to which it relates, from the date on which a copy
of such report was forwarded, by registered post, to the occupier of such
building, to the date when such report may be cancelled by the
Authority; provided, however, that the Authority may, at any time,
suspend the operation of an inside fire-escape defects report.
(5)
The occupier of a building in respect of which an inside fire-escape
defects report is in operation shall be liable at the instance of the
Authority or of any officer of police, on summary conviction, to a penalty
not exceeding £200 and to a further penalty not exceeding £1 per day for
every day that such inside fire-escape defects report shall be in operation.
Outside fire-escape defects reports
(1)
The owner of a building shall make good the defects specified in the
outside fire-escape defects certificate relating to such building (in its
original form or as varied by the Board, as the case may be) to the
satisfaction of the Authority, within three months (or such further period
as may be allowed by the Board), from the date on which a copy of such
certificate was forwarded by registered post to such owner (such period
of three months or such further period, if any, being hereinafter referred
to as ‘the outside fire-escape defects making good period’).
(2)
An officer of the Authority may, at any time (but not earlier than the end
of the outside fire-escape defects making good period) report in writing
to the Authority that the defects specified in such certificate (in its
original form or as varied by the Board, as the case may be) have not
been made good (hereinafter referred to as an ‘outside fire escape defects
report’).
(3)
The Authority shall, at such time as they may in each case determine,
forward by registered post, a copy of every outside fire-escape defects
report to the owner of the building to which it relates.
(4)
An outside fire-escape defects report shall be deemed to be in operation
in respect of the building to which it relates, from the date on which a
copy of such report was forwarded, by registered post, to the owner of
such building, to the date when such report may be cancelled by the
Authority; provided, however, that the Authority may, at any time,
suspend the operation of an outside fire-escape defects report.
(5)
The owner of a building in respect of which an outside fire-escape
defects report is in operation shall be liable at the instance of the
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Section 8
Fire Escapes Act 1950
Authority or of any officer of police, on summary conviction, to a penalty
not exceeding £200 and to a further penalty not exceeding £1 per day for
every day that such outside fire-escape defects report shall be in
operation.
8
Tenant may apply to High Court for suspension of payment of rent
The tenant of any building, in respect of which an outside fire-escape defects
report is in operation, may apply to the High Court for an order suspending the
payment of the rent payable by such tenant to the owner of such building, and
the High Court may order the payment of such rent, or any part thereof, to be
suspended on such terms as may be specified in such order.
9
Registers of buildings
(1)
Each Authority shall compile and maintain a register of all buildings
within its district.
(2)
The occupier of a building within the meaning of this Act shall furnish to
the Authority such information relative to such building as shall be
prescribed —
(a)
in the case of a building in existence and occupied as such at the
time when this Act comes into operation, within six months after
the coming into operation of this Act;
(b)
in the case of a building not in existence, or not occupied as a
building within the meaning of this Act when this Act comes into
operation, within two months after such building shall first have
been occupied as a building within the meaning of this Act.
(3)
An occupier of a building who fails to furnish the prescribed information
to the Authority as aforesaid shall be guilty of an offence and shall be
liable on summary conviction at the suit of the Authority to a penalty not
exceeding £200, and to a further penalty not exceeding one pound per
day whilst such default continues.
(4)
The Board shall as soon as may be after the coming into operation of this
Act, give notice by advertisement in every newspaper printed and
circulating within this Isle, of the provisions of this section.
PART III
10
Loans towards cost of making good defects
The Board may, out of moneys provided by Tynwald, authorise the Treasurer of
the Isle of Man to advance to the owner of any building, by way of loan, such
sum of money, not exceeding the cost of making good the defects specified in
the outside fire-escape defects certificate relating to such building on the same
being made good: and, during the making good of the same, may authorise the
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Fire Escapes Act 1950
Section 11
Treasurer, out of such moneys, to make advances, on account of such loan, of
sums not exceeding eighty per cent. of the actual expenditure in respect thereof.
11
Charge
Any sum of money charged under the provisions of section 10 of this Act shall
be secured by deed of bond and security, charged upon the building to which
the outside fire-escape defects certificate relates.
12
Repayment of loans
(1)
Any sum of money advanced under this part of this Act shall bear
interest at the rate of three pounds per centum per annum and shall be
repayable by equal annual instalments over a period of twenty years
from the date of the loan.
(2)
Should any instalment of principal be not paid within two months after
the same shall fall due, the amount of such loan, or the balance
outstanding, shall immediately become payable.
(3)
The deed of bond and security shall contain such provisions for carrying
into effect this Part of this Act as the Attorney General shall consider
necessary.
(4)
The owner of a building who has complied with the requirements of an
outside fire-escape defects certificate shall be entitled, notwithstanding
the provision of any lease, to increase the rental of the building to which
such certificate supplied by a sum not exceeding four pounds per centum
per annum of the cost of complying with such certificate.
Provided that this provision shall apply only to an outside fire-escape defects
certificate which required the erection or installation of a new fire escape.
13
Charge by life tenant, etc
A deed of bond and security under this Part of this Act shall create an effective
charge on the building if passed by an owner who is a life tenant by dower or
courtesy, notwithstanding that he has a limited interest only in such building, in
all respects as if he were the absolute owner thereof.
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Repeals
The enactment specified in the Schedule to this Act is repealed to the extent
mentioned in the third column of such Schedule, but such repeal shall not affect
anything done under such repealed enactment.
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Section 15
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Fire Escapes Act 1950
Commencement of Act
(1)
This Act shall come into operation when the Royal Assent thereto has
been by the Governor announced to Tynwald, and a certificate thereof
has been signed by the Governor and the Speaker of the House of Keys.
(2)
Section 7 of this Act shall come into force on such date as Tynwald shall,
by resolution, determine. The remainder of this Act shall come into force
on the date on which this Act comes into operation.2
Page 12
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Fire Escapes Act 1950
Schedule
SCHEDULE
ENACTMENT REPEALED
Sch repeals the following Act in part - Local Government Amendment Act 1922.
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Fire Escapes Act 1950
Endnotes
ENDNOTES
Table of Legislation History
Legislation
Year and No
Commencement
Table of Renumbered Provisions
Original
Current
Table of Endnote References
1
2
Definition of ‘High Court’ amended by SD352/09.
S 7 in force 21/3/1961 by Resolution 27/3/1961.
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AT 4 of 1950
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