Fire Safety
Jonathan Harrison
Fire Protection Inspector
West Yorkshire Fire &
Rescue Authority
What is the fire legislation?
Who enforces it?
What Actions?
Any Questions?
Fire Legislation
The Regulatory Reform (Fire Safety) Order 2005
came into force 1st October 2006
Prior to this there were around 80 Acts of Parliament or parts
of Acts which specified fire safety legislation. In order to
revamp the whole thing and bringing it up to date, it was
decided to take all the odd bits of fire legislation and place it
under the umbrella of the Regulatory Reform (Fire Safety)
Order 2005, which became law in October 2006 - it applies to
England and Wales only.
Fire Precautions Act 1971
Fire Safety (Workplace) Regulations 1997
Fire Certificates
PART 2
FIRE SAFETY DUTIES
8. Duty to take general fire precautions
9. Risk assessment
10. Principles of prevention to be applied
11. Fire safety arrangements
12. Elimination or reduction of risks from dangerous substances
13. Fire-fighting and fire detection
14. Emergency routes and exits
15. Procedures for serious and imminent danger and for danger areas
16. Additional emergency measures in respect of dangerous substances
17. Maintenance
18. Safety assistance
19. Provision of information to employees
20. Provision of information to employers and the self-employed from outside
undertakings
21. Training
22. Co-operation and co-ordination
Article 8 - Duty to take general fire precautions
8.—(1) The responsible person must—
(a) take such general fire precautions as will ensure, so
far as is reasonably practicable, the safety of any of his
employees; and
(b) in relation to relevant persons who are not his
employees, take such general fire precautions as may
reasonably be required in the circumstances of the case
to ensure that the premises are safe.
Article 9 - Risk assessment
9.—(1) The responsible person must make a
suitable and sufficient assessment of the risks to
which relevant persons are exposed for the purpose
of identifying the general fire precautions he
needs to take to comply with the requirements and
prohibitions imposed on him by or under this
Order.
Responsible person
Anyone who has control of premises or anyone who has a degree of
control over certain areas or systems may be a ‘Responsible Person’, for
example, it could be:
•An employer (Limited Company)
•Self-employed with business premises
•A managing agent or owner of shared premises
•A charity or voluntary organisation
•A contractor with a degree of control over any premises
Relevant persons
Any person lawfully on the premises and any person in the immediate
vicinity, but does not include firefighters carrying out firefighting duties.
Competent person
A person with enough training and experience or knowledge and
other qualities to enable them properly to assist in undertaking the
preventive and protective measures.
Suitable and Sufficient
Whilst the legislation does not define suitable and sufficient it is generally
considered that a risk assessment should do the following:
The risk assessment aspect of the order means fire safety is about self
compliance and away from the previous prescriptive legislation.
Exceptions
It does not apply to:
• People’s private homes, including individual flats in a block or house.
• Boats/Ships.
• Mines
• Vehicles covered by excise duty.
• Open land.
Who has to carry out a risk assessment?
Everyone !
But you only need to record the significant findings if;
• You have five or more employees.
• You hold a licence under another enactment.
• An alterations notice is in force.
Who enforces what regarding Fire Safety?
Fire and Rescue Service
All non crown commercial premises.
The common areas of some flats.
Local Authority, HSE
Certain housing under local agreements and the Housing Act.
Building sites.
Nuclear facilities
Sports Grounds (designated or with safety certificate).
Crown inspectorate
Prisons, post offices, tax office’s
Armed force’s Fire and Rescue services
Armed forces bases.
We no longer inspect, we audit.
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After a fire.
Following a complaint (internal/external)
Operational staff carrying out a risk inspection.
Operational staff doing a basic fire safety audit.
Themed inspections.
During the audit the officer will need to view the following documents
where applicable to your premises:
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Confirm the name(s) of the Responsible Person(s)
Fire Risk Assessment
Records of Staff Training and Fire Drills
Records of Testing and Maintenance of Fire-fighting Equipment (Extinguishers)
Records of Testing and Maintenance for all Fire Safety Systems including Fire Alarms,
Emergency Lighting, Sprinkler System, Smoke Ventilation System (where applicable)
Actions following an Audit/Visit by a fire safety Officer
• Informal at time of visit.
Where the breach is fairly minor, the officer will tell the responsible person what to do to comply
with the law. The advice given will distinguish between legal requirements and best practice.
• Issue an enforcement notice.
Where the breach of the law is more serious an enforcement notice will be issued stating what
needs to be done, why and when. The time period will be a minimum of 28 days, to allow the
Responsible Person to appeal to a magistrate. Failure to comply with a notice is an offence.
Notice’s are recorded on a national open register.
• Prohibit or restrict
If an activity involves or will involve, a risk of serious personal injury, the officer may serve a
prohibition notice which is effective immediately. This will not be lifted until remedial work has
been completed.
• Consider prosecution.
If the officer considers it necessary they may initiate a prosecution.
The tests are evidential and public interest.
2010 – Poundstrecher fined £55,000 (3rd successful prosecution).
2011 – Hotelier and risk assessor jailed for 8 months each.
ANY QUESTIONS ?
Your Local Fire Safety Office is Bradford
01274 385450
Many Thanks