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What does an order to comply or deficiency notice mean?

Published · Compliance Binder

A deficiency notice is issued after an inspection has actually found something. It lists the specific problems, states a correction period, and warns that failing to correct them before re-inspection may expose you to the penalties provided by law. Correction windows of 30 days from the date of the letter are common, though the period is set locally.

Read these four things first

  1. The date on the letter. The clock generally runs from the date of issue rather than the date of delivery, so postal time is your time.
  2. Which system and which address. Deficiencies are issued per system. A multi-location operator can receive several at once.
  3. The deficiencies themselves. They are usually specific, for example a missing fusible link, a failed hydrostatic date, or an obstructed access panel.
  4. Who is required to report the correction. Under a third party reporting programme this is normally the contractor, not you, and the correction is not recorded until they file it.

The step that gets missed

Getting the work done is not the same as closing the notice. In most of these programmes the correction only registers when the contractor submits it. An operator who books the repair, watches it happen, pays the invoice and assumes the matter is closed can still be shown as open at re-inspection, because nobody filed anything.

When you book the corrective work, ask the contractor directly whether they will file the correction and when. Then ask them to send you a copy of what they filed.

What to keep from this episode

The whole sequence is worth retaining together.

  • The deficiency notice itself, with its date.
  • The inspection report that generated it.
  • The invoice or work order for the corrective work.
  • The corrected report or clearance confirmation.

That set answers the question an insurer asks after a fire, which is whether a known deficiency was corrected and how quickly. A gap here is materially worse than the original deficiency.

This page describes what published standards say. It is not legal advice and it is not a determination about any premises. The requirements that apply to your building, including how often work must be done and what must be kept, are set by your authority having jurisdiction, which is usually your local fire marshal or health department. Where this page and your inspector disagree, your inspector is right.

Keeping this straight without thinking about it

Binder keeps the notice, the corrective work and the clearance together against the location and the equipment, in date order. The question of whether a deficiency was closed, and when, is answered by opening one page.

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