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Fire Precautions (Prescribed Forms) (Jersey) Order 2012

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

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  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 28 December 2012:

Decision Reference: MD-HA-2012-0093

Decision Summary Title :

Fire Precautions (Prescribed Forms) (Jersey) Order 2012

Date of Decision Summary:

20 December 2012

Decision Summary Author:

 

Executive Officer

Home Affairs

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Fire Precautions (Prescribed Forms) (Jersey) Order 2012

Date of Written Report:

20 December 2012

Written Report Author:

Executive Officer Home Affairs

Written Report :

Public or Exempt?

 

Public

Subject: Fire Precautions (Prescribed Forms) (Jersey) Order 2012.

Decision(s): The Minister made the Fire Precautions (Prescribed Forms) (Jersey) Order 2012

Reason(s) for Decision: The Fire Precautions (Designated Premises) (Jersey) Regulations 2012, which will come into force on 1 January 2013 introduce a new definition of House in Multiple Occupation (HMO) as a type of premises requiring a fire certificate.  The current application form for a fire certificate does not include HMOs, so a revised form is required to include questions and guidance notes on such premises.  The Fire Precautions (Amendment No.2) (Jersey) Law 2012, which also comes into force on 1 January 2013, introduces a requirement for fire certificates to be renewed every three years, so an application form for a renewal of a fire certificate is required.

Resource Implications:

Nil

Action required: The Executive Officer, Home Affairs, to notify the Publications Editor at the States Greffe that the Order has been made and to request the Greffier of the States to arrange for the making of the Order to be notified to the States.

Signature:

 

 

Position:

Minister for Home Affairs

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

Fire Precautions (Prescribed Forms) (Jersey) Order 2012

Report for the Minister for Home Affairs

Fire Precautions (Prescribed Forms) (Jersey) Order 2012

 

Article 3 of the Fire Precautions (Jersey) Law 1977 provides that an application for a fire certificate shall be made to the Minister in the prescribed form. 

On 1 January 2013 the Fire Precautions (Designated Premises) (Jersey) Regulations will come into force.  These Regulations introduce a number of amendments to the Fire Precautions (Designated Premises) (Jersey) Regulations 1979 and, inter alia, introduce a new House in Multiple Occupation (HMO) definition in order to bring certain premises that currently don’t require a fire certificate under the certification regime.  HMOs are considered to be premises which present a high fire risk so it is desirable that they should be subject to fire certification.

The current application form for a fire certificate, contained within the Fire Precautions (Prescribed Forms) (Jersey) Order 2011 does not make reference or provide guidance on HMOs.  Therefore a revised form (FPA1) is required.

The Fire Precautions (Amendment No.2) (Jersey) Law 2012 will also come into force on 1 January 2013.  This Amendment Law will introduce a limit on the validity of a fire certificate to 36 months, which will require it to be renewed every three years.  The requirement to apply to renew a fire certificate did not previously exist, so a new form (FPA1(A)) is required.

This Order prescribes the application form for a fire certificate and the application form for renewal of a fire certificate.

 

Recommendation

It is recommended that the Minister makes the Fire Precautions (Prescribed Forms) (Jersey) Order 2012.

 

 

Executive Officer, Home Affairs

21 December 2012

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