Fire Services Act, 1981

Appeal against fire safety notice.

21.—(1) A person on whom a fire safety notice is served may, within fourteen days from the date of service, appeal against the notice to the District Court on any one or more of the following grounds:

(a) that he is not the owner or occupier of the building or land,

(b) that the building is not a potentially dangerous building,

(c) that the notice is unreasonable because of the improbability of a fire occurring in the building or because of the improbability of serious danger to life arising from fire or arising from the use, storage or deposit of a substance to which a notice under section 20 (5) relates,

(d) that compliance with the requirements of the notice would involve unreasonable expense or an unreasonable interference with the use of the building or land,

(e) that the notice specified an unreasonably short time for complying with its requirements or any of them.

(2) Notice of the appeal shall be given to the fire authority and that authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

(3) On the hearing of the appeal the Court may, as it thinks proper, either—

(a) confirm the notice unconditionally, or

(b) confirm the notice subject to such modifications, alterations, or additions as the Court thinks reasonable, or

(c) annul the notice.

(4) Where the Court confirms the notice, subject to modifications, alterations or additions, the notice shall have effect subject to such modifications, alterations or additions.

(5) The notice shall not have effect until—

(a) the expiration of fourteen days from the date of service of the notice, or

(b) if an appeal is taken and the notice is confirmed, with or without modifications, the date upon which the decision of the Court is pronounced.

(6) The jurisdiction conferred on the District Court by this section shall be exercised by the Justice of that court having jurisdiction in the district in which the building or land is situate.

(7) No appeal shall lie to the Circuit Court from a decision of the District Court under this section.

(8) (a) A fire precautions notice served under the Fire Brigades Act, 1940 , within fourteen days before the commencement of this section shall be deemed to be a fire safety notice and a reference in the notice to the proprietor shall be taken as a reference to the owner or occupier of the building.

(b) An appeal against the notice may be taken and determined under this section and an appeal pending under that Act may be continued and determined under this section by the owner or occupier of the building as if, in either case, this section were in force on the date of service of the notice.