Fire
The Regulatory Reform (Fire Safety) Order 2005 came into effect on 1st October 2006. It deals with the measures needed to control the risk of fire in almost all workplaces and other premises throughout England and Wales. Corresponding legislation for Scotland has been enacted - the Fire Safety (Scotland) Regulations 2006: Part 3.
Action
Employers should:
- Be aware of the new legislation
- Read the available guidance
- Formally appoint a Responsible Person
- Review the existing Fire Risk Assessment or carry out such an assessment
Background
As part of the Government's commitment to reduce death, injury and damage caused by fire, the Department for Communities and Local Government (DCLG) has reviewed current fire safety law and has made a number of changes through the Regulatory Reform (Fire Safety) Order 2005 (RRFSO) which came into force on 1st October 2006. The main objectives were:
- simplify, rationalise and consolidate the existing fire safety legislation
- align fire safety legislation with health & safety law and reduce prescriptive requirements
- establish a risk assessment approach for fire safety
- place the onus for fire safety for people on an appointed 'Responsible Person' (the owner /occupier/employer/landlord)
Application
The RRFSO applies to England and Wales. New legislation has been introduced in Scotland; the Fire Safety (Scotland) Regulations 2006 which parallel the risk based approach of the RRFSO. In Northern Ireland legislation is currently under review by the Department of Health, Social Services and Public Safety as part of the development of a new fire safety regime for the province.
The RRFSO will apply to virtually all premises and covers nearly every type of building, structure and open space including:
- Offices and shops
- Factories and warehouses
- Pubs, clubs and restaurants
- Premises that provide care
- Hotels and hostels
- Community halls, places of worship and other community premises
- Common areas of houses in multiple occupation
- Educational premises
- Tents and marquees
- Theatres and cinemas
- Transport premises and facilities
- Outdoor events
It excludes:
- Purely domestic premises occupied by a single family group, including individual flats in a block or house.
- Means of transport
- Mines (other than surface buildings)
- Offshore installations
- Building sites
- Military establishments
Significant Changes
Significant changes to fire safety legislation include:
- Repealing of over 100 pieces of legislation, most notably the Fire Precautions Act 1971 and the Fire Precautions (Workplace) Regulations 1997 (as amended)
- Abolition of Fire Certificates
- Creation of need to appoint a Responsible Person whose duties will include
- Carrying out Fire Risk Assessments
- Taking steps, as necessary, to reduce or remove the fire risk(s)
Fire Risk Assessments
Fire Risk Assessments are at the heart of this legislation and will be required in writing where 5 or more people are employed, the premises are licensed under other legislation (for example premises covered by the Licensing act 2003) or the Inspector - a person appointed by the Enforcing Authority (usually a Fire Officer from the local Fire and Rescue Service) - requires it. Whilst there is no set format for how a risk assessment should be laid out, guidance and sample layouts are available through local fire authorities, the DCLG, Norwich Union Risk Services and the Fire Protection Association. However, Fire Risk Assessments were an existing legal requirement so the introduction of the RRFSO does not create a new duty.
Responsible Person
The main responsibility for implementing and complying with the RRFSO will rest with a designated Responsible Person. The Responsible Person will be someone who owns the premises or business or someone with control over the premises, business or activity. Generally the employer will have the principal responsibility but others may also have an interest e.g. in multi tenanted buildings both the landlord and tenant will have responsibilities. Where there is more than one Responsible Person in any type of premises, they must take all reasonable steps to co-operate and work with each other. The Responsible Person must:-
- Assess the risks of fire
- Take steps to reduce or remove the risks of fire
- Satisfy specific requirements; e.g. the provision of an adequate means of escape, appropriate signs and notices, emergency lighting on escape routes, appropriate fire fighting and detection equipment
- Take steps to ensure that any plant or substances in or on the premises are safe
- Carry out effective planning, organisation, control, monitoring and review of fire safety arrangements
- Provide information to all occupants (not just employees) and visitors relating to: identified risks, preventative measures, and the identity of the person responsible for fire safety
- Co-operate and co-ordinate with other persons sharing the premises
- Provide adequate fire safety training
- Appoint one or more 'Competent Persons' to help comply with the conditions of the RRFSO
Competent Person
The Responsible Person must appoint one or more Competent Persons to assist in the undertaking of preventative and protective measures. In order to be 'competent' the person must have sufficient training, knowledge and experience. This could be an employee or an external person / organisation. However in either instance it will be important to ensure that the employee, person or organisation is equipped with the skills / expertise / adequate equipment available to them to carry out their responsibilities. An example of a basic well recognised health and safety qualification is the NEBOSH (National Examination Board in Occupational Safety and Health) General Certificate and an example of a suitable organisation would be one registered with the Institution of Fire Engineers as Fire Risk Assessors.
Employees
The RRFSO places responsibilities on employees in exactly the same manner as existing health and safety legislation. The Responsible Person must provide information to and consult with employees on fire safety matters. Employees must cooperate with their employer and must not act in a manner that endangers themselves or their fellow employees.
In addition employers can not charge their employees for the provision of any fire safety measures that may be introduced.
Enforcement
The local Fire and Rescue Authority will become the enforcing authority in most cases except in the following instances.
- Nuclear Installations, Ships under construction and Building sites will be the responsibility of the Health and Safety Executive (HSE)
- Military / Defence sites will be the responsibility of the Ministry of Defence (MOD) Fire Service
- Sports Grounds and Stadia will be the responsibility of the Local Authority
The Enforcing Authority has a number of options when seeking changes at premises or in the procedures that are in place.
- Alteration Notice: Such a Notice will be issued where it thought that there is a serious risk to persons. The Notice will include a statement of what is believed to be wrong with the premises, or with the use of the premises or proposed change or what fire hazard is present on the premises
- Enforcement Notice: This Notice will be issued where the Responsible Person of other person has failed to comply with the RRFSO. It will state what is wrong, i.e. the failure to comply and state what must be done. A time limit will be given for the completion of the remedial activity. This type of Notice can be likened to an Improvement notice issued by the HSE
- Prohibition Notice: This Notice will be issued f the premises involves or will involve serious risk of such a magnitude that use of the premises ought to be restricted or prohibited. The notice will state the matters giving rise to the risk and specify what use or activity is prohibited or the extent to which use of the premises must be prohibited or restricted. There will also be a description of what needs to be done to remove the risk. This Notice is analogous to the Prohibition notice issued by the HSE
Failure to comply with a Notice is an offence which can lead to prosecution with penalties of a fine or up to two years imprisonment. However, except in the most serious cases, the fire authority work with businesses and provide practical advice to help them achieve a satisfactory level of fire safety
Guidance Documents
The Government has published eleven guidance documents to give Risk Assessment and Fire Precaution advise on most types of premises covering - Offices and Shops, Premises providing Sleeping Accommodation, Residential Care, Small & Medium Places of Assembly, Large Places of Assembly, Factories & Warehouses, Theatres & Cinemas, Educational Premises, Healthcare Premises (responsibility of the Department of Health), Transport Premises and Facilities, Open Air Events.
These documents will be available at the DCLG website: http://www.firesafetyguides.communities.gov.uk
