District Court Rules

ORDER 92

FIRE SERVICES

Definition

1. In this Order—

‘the Act’ means the Fire Services Act, 1981 (No 30 of 1981).

Venue

2. Proceedings under section 20(4), 21 or 22(7) of the Act may be brought before any sitting of the court for the court area wherein the relevant building or land is situate.

Fire safety notice

3. (1) An application under section 20(4) of the Act for an order concerning expenses or their apportionment shall be preceded by the issue and service of a notice in the Form 92.1, Schedule C, signed by the applicant or solicitor for the applicant; which notice shall be served upon the occupier or the owner, as the case may be, of the building or land to which the fire safety notice relates, and upon the fire authority which served the fire safety notice. The notice shall be served in accordance with the provisions of s 38 of the Act at least seven days or, where it is sent by prepaid registered post, at least 14 days before the date of the sitting of the court to which it is returnable.

(2) The original of every such notice of application, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the date of the said sitting of the court.

(3) The order of the court hearing the application shall be in the Form 92.2, Schedule C.

Appeal against fire safety notice

4. (1) An appeal under s 21 of the Act against a fire safety notice shall be preceded by the issue of a notice of appeal in the Form 92.3, Schedule C, signed by the appellant or solicitor for the appellant; which notice shall be given to the respondent fire authority, in accordance with the provisions of sections 21(2) and 38 of the Act, at least seven days or, where it is sent by prepaid registered post, at least 14 days before the date of the sitting of the court to which the notice of appeal is returnable.

(2) A copy of the notice of appeal, together with a statutory declaration as to service, shall be lodged with the Clerk at least two days before the said sitting of the court.

(3) The order of the court on hearing the appeal shall be in the Form 92.4, Schedule C.

Warrant under s 22(7)

5. (1) An application to the court for the issue of a warrant under s 22(7) of the Act to enter land or a building shall be by the information on oath and in writing of a person duly appointed in that behalf by the relevant fire authority. The information shall be in the Form 15.3, Schedule B, with suitable modifications.

(2) The order of the court on granting the application shall be in the Form 92.5, Schedule C.

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