(3) Subject to paragraph (4), in the event of a fire arising from an accident, incident or emergency related to the presence of a dangerous substance in or on the premises, the responsible person must ensure that—
- (a) immediate steps are taken to—
- (i) mitigate the effects of the fire;
- (ii) restore the situation to normal; and
- (iii) inform those relevant persons who may be affected; and
- (b) only those persons who are essential for the carrying out of repairs and other necessary work are permitted in the affected area and they are provided with—
- (i) appropriate personal protective equipment and protective clothing; and
- (ii) any necessary specialised safety equipment and plant, which must be used until the situation is restored to normal.
(4) Paragraphs (1) to (3) do not apply where—
- (a) the results of the risk assessment show that, because of the quantity of each dangerous substance in or on the premises, there is only a slight risk to relevant persons; and
- (b) the measures taken by the responsible person to comply with his duty under article 12 are sufficient to control that risk.
Maintenance
17.—(1) Where necessary in order to safeguard the safety of relevant persons the responsible person must ensure that the premises and any facilities, equipment and devices provided in respect of the premises under this Order or, subject to paragraph (6), under any other enactment, including any enactment repealed or revoked by this Order, are subject to a suitable system of maintenance and are maintained in an efficient state, in efficient working order and in good repair.
(2) Where the premises form part of a building, the responsible person may make arrangements with the occupier of any other premises forming part of the building for the purpose of ensuring that the requirements of paragraph (1) are met.
(3) Paragraph (2) applies even if the other premises are not premises to which this Order applies.
(4) The occupier of the other premises must co-operate with the responsible person for the purposes of paragraph (2).
(5) Where the occupier of the other premises is not also the owner of those premises, the references to the occupier in paragraphs (2) and (4) are to be taken to be references to both the occupier and the owner.
(6) Paragraph (1) only applies to facilities, equipment and devices provided under other enactments where they are provided in connection with general fire precautions.
Safety assistance
18.—(1) The responsible person must, subject to paragraphs (6) and (7), appoint one or more competent persons to assist him in undertaking the preventive and protective measures.
(2) Where the responsible person appoints persons in accordance with paragraph (1), he must make arrangements for ensuring adequate co-operation between them.
(3) The responsible person must ensure that the number of persons appointed under paragraph (1), the time available for them to fulfil their functions and the means at their disposal are adequate having regard to the size of the premises, the risks to which relevant persons are exposed and the distribution of those risks throughout the premises.
(4) The responsible person must ensure that—
- (a) any person appointed by him in accordance with paragraph (1) who is not in his employment—
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