Factories Act, 1955

Means of escape in case of fire.

45.—(1) The occupier of a factory to which this section applies shall have in force a certificate under this section (subsequently referred to in this section as a certificate) given by the sanitary authority certifying that the factory is provided with such means of escape in case of fire for the persons employed therein as may reasonably be required in the circumstances of the case.

(2) If there is a contravention of subsection (1) of this section in relation to a factory to which this section applies, the occupier shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds, and if the contravention in respect of which he was so convicted is continued after the conviction, he shall (subject to section 102 of this Act) be guilty of a further offence under this section and liable on summary conviction thereof to a fine not exceeding ten pounds for each day on which the offence was so continued.

(3) It shall be the duty of the sanitary authority to examine a factory to which this section applies and—

(a) if satisfied that the factory is provided with such means of escape in case of fire for the persons employed in the factory as may reasonably be required in the circumstances of the case, to give a certificate in respect of the factory, or

(b) if not so satisfied, to refuse to give a certificate in respect of the factory.

(4) A certificate shall specify precisely and in detail the means of escape provided in the factory and shall contain particulars as to the maximum number of persons employed or proposed to be employed in the factory as a whole and, if the sanitary authority think fit, in any specified part thereof, and as to any explosive or highly inflammable material stored or used and as to any other matters taken into account in granting the certificate.

(5) A certificate shall be attached by the occupier of the factory to the general register and a copy of it shall be sent by the sanitary authority to the Minister.

(6) All means of escape specified in a certificate shall be properly maintained and kept free from obstruction.

(7) The occupier of a factory—

(a) which has been certificated in pursuance of subsection (1) of section 14 of the Factory and Workshop Act, 1901, or

(b) in respect of which a notice issued in pursuance of subsection (2) of that section has been complied with, or

(c) in respect of which an award has been made under subsection (3) of that section and has been complied with,

shall be entitled to receive a certificate in respect of the factory and, pending the receipt of such certificate, no offence by reason of the occupier not having in force a certificate shall be deemed to be committed.

(8) Subsection (7) of this section shall apply to a factory if and so long as, and only if and so long as, the means of escape provided therein are properly maintained and shall not apply to a factory if, since the certification was effected or the notice or award was complied with (as the case may be) under section 14 of the Factory and Workshop Act, 1901, any action has been taken of which notice would, if this section had been in force and a certificate had been granted thereunder, have been required to be given to the sanitary authority.

(9) In the case of a factory constructed or converted for use as a factory before the coming into operation of this section (not being a factory to which subsection (7) of this section applies), no offence by reason of the occupier not having in force a certificate shall be deemed to be committed by the occupier during any period that may elapse between the coming into operation of this section and the giving or refusal of a certificate by the sanitary authority after examining the factory under this section, and if the sanitary authority refuse to give a certificate in respect of the factory unless alterations are made, no such offence shall be deemed to be committed while the alterations are being carried out in accordance with the requirements of the sanitary authority.

(10) If, after the giving of a certificate, it is proposed to make any material extension or material structural alteration of the factory premises or to increase materially the number of persons employed in the factory or in any part specified in the certificate, or to begin to store or use explosive or highly inflammable material in the factory or materially to increase the extent of such storage or use, the occupier shall give notice in writing to the sanitary authority of the proposal.

(11) If the sanitary authority, on receipt of a notice under subsection (10) of this section in relation to a factory, are of opinion that the conditions in regard to escape in case of fire will be affected, or if at any time they are satisfied that by reason of changed conditions the existing means of escape have become insufficient, they may by notice in writing require the occupier to make such alterations, within such periods, as may be specified in the notice.

(12) If it appears to the Minister that dangerous conditions in regard to escape in case of fire exist in any factory to which this section applies, he may give notice thereof in writing to the sanitary authority, and it shall be the duty of the sanitary authority forthwith to examine the factory, and they may by notice in writing require the occupier to make such alterations, within such period as may be specified in the notice.

(13) Where a notice given by the sanitary authority under this section requires the occupier of a factory to carry out alterations within a specified period—

(a) the occupier shall carry out the alterations within that period,

(b) upon the alterations being carried out, the sanitary authority shall amend the certificate or issue a new certificate, and shall send a copy of the amended or new certificate to the Minister,

(c) if the alterations are not so carried out, the sanitary authority shall, without prejudice to the taking of other proceedings, cancel the certificate.

(14) Where notice is given by the Minister to a sanitary authority under subsection (12) of this section, the sanitary authority shall inform the Minister of any action taken for remedying the dangerous conditions, and, if no such action is taken by the sanitary authority within one month of the receipt of the notice the Minister may take the like action as the sanitary authority might have taken and shall be entitled to recover from the sanitary authority as a simple contract debt in any court of competent jurisdiction all such expenses as the Minister may incur in so doing and are not recovered from any other person or incurred in or about any unsuccessful legal proceedings.

(15) If the occupier of a factory is aggrieved by the refusal of the sanitary authority to give a certificate under this section or by being required by the sanitary authority or by the Minister under this section to carry out any alterations at the factory or by the cancellation of a certificate—

(a) the occupier may appeal by way of complaint, within fourteen days of the refusal, notice of requirement or cancellation, to the District Court,

(b) pending the final determination of the appeal, no offence shall be deemed to be committed under this section by reason of the occupier not having in force a certificate in respect of the factory,

(c) the decision on the appeal shall be binding on the occupier and the sanitary authority or the Minister.

(16) If it appears to the Minister that the conditions in regard to escape in case of fire in any factory to which this section applies are so dangerous that the factory or any part thereof ought not to be used, or ought not to be used for a particular process or work, until steps have been taken to remedy the danger—

(a) the Minister may, in lieu of giving a notice under subsection (12) of this section, make a complaint to the District Court,

(b) the Court may, on being satisfied of the matters aforesaid, by order prohibit the use of the factory or part thereof, or its use for the particular process or work, until such works have been executed as are in the opinion of the Court necessary to remedy the danger,

(c) when any works have been executed in pursuance of any such order, the Minister shall give notice thereof to the sanitary authority, who shall amend any certificate in force in respect of the factory, or issue a new certificate, as the case may require.

(17) An examination by a sanitary authority under this section shall only be carried out by officers of the sanitary authority authorised in writing either to carry out that examination or generally to carry out examinations under this section.

(18) This section applies to each of the following factories:

(a) a factory in which more than twenty persons are employed,

(b) a factory which is being constructed or converted for use as a factory at the date of the passing of this Act, or is so constructed or so converted after that date, and in which more than five persons are employed in the same building on any floor above the ground floor of the building,

(c) a factory of which the construction has been completed before the passing of this Act and in which more than five persons are employed in the same building above the first floor of the building or more than twenty feet above the ground level,

(d) a factory in or under which explosive or highly inflammable materials are stored or used,

(e) a factory as respects which the factory premises are part of premises of which another part is used as a dwelling.

(19) For the purposes of subsection (18) of this section—

(a) the number of persons employed in a factory or in the same building on any floor above the ground floor of the building or more than twenty feet above the ground level shall be taken to be the largest number of persons so employed at any one time,

(b) where the persons employed are employed in shifts, the calculation of the number employed shall be according to the largest number at work at any one time.