West Yorkshire Fire & Rescue Authority
Fire Protection Policy
Role & Responsibilities Fire Engineering, Planning & Licensing Team
West Yorkshire Fire & Rescue Service
Oakroyd Hall
Birkenshaw
Bradford
BD11 2DY
Date Issued:
12/10/2012
Ref:
FS-POL017
Review Date:
12/10/2014
Version: 2.0
www.westyorksfire.gov.uk
Page 1 of 10
Role & Responsibilities Fire Engineering, Planning & Licensing Team
Background
The purpose of this policy document is to provide details and responsibilities for the Fire
Engineering, Planning & Licensing Team. This Team of nine specialist officers provide the
following services for all of West Yorkshire.
1.
2.
3.
4.
5.
Response to all forms of consultation
Petroleum/Explosives licensing or registration
Receipt of all notifications
Inspections and providing advice
Coordinating ‘Unwanted Fire Signal’ reduction work
There are a number of different situations where Team members will gather information that is
relevant to Operations and this information will need to be shared as soon as possible using the
Operational Liaison (OL) Procedure. For example:

Fire Fighter hazards such as hazardous processes or chemicals, explosives or highly
flammables, sandwich panels, etc., or issues identified with access, water supplies, etc.

Where complex buildings or those having a fire engineered solution will require operational
consideration for strategic and tactical planning. (See FS-NFG004)
1.
Response to all forms of consultation
Consultation and liaison between West Yorkshire Fire and Rescue Authority (the Authority) and
other bodies may take one of two forms:
1.
2.
Statutory - where there is a legal requirement to consult.
Non-statutory - in which consultation is as an agent or in the form of best practice.
Statutory consultation
Under the Regulatory Reform (Fire Safety) Order 2005 government departments, public and
local authorities are required under certain circumstances to consult the Fire and Rescue
Authority (the Enforcing Authority).
Article 45 states:
“(1) Where it proposed to erect a building, or to make any extension of or structural alteration to
a building and, in connection with the proposals plans are, in accordance with Building
Regulations, deposited with a local authority, the local authority must, subject to (3), consult with
the enforcing authority before passing those plans.”
“(2) Where it is proposed to change the use to which a building or part of a building is put and, in
connection with that proposal, plans are, in accordance with Building Regulations, deposited
with a local authority, the authority must, subject to (3), must consult the enforcing authority
before passing those plans.”
(3) The duty imposed by paragraphs (1) and (2):
(a) Only applies in relation to buildings or parts of buildings to which the Regulatory Reform (Fire
Safety) Order 2005 applies.
(b) Does not apply where the local authority is also the enforcing authority.”
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Role & Responsibilities Fire Engineering, Planning & Licensing Team
1.7 Article 46 states:
“(1) Where a government department or other public authority intends to take any action in
respect of premises which will or may result in changes to any measures required by or under
the Regulatory Reform (Fire Safety) Order 2005 that department or authority must consult the
enforcing authority for the premises before taking that action.”
“(2) Without prejudice to any power of the court to cancel or modify a notice served by a
government department or other authority, no failure on the part of the department or authority to
consult under (1) or Article 42(a) (Special provisions for licensed premises) invalidates the action
taken”
“(3) In paragraph (1) the term “public authority” includes any approved inspector within the
meaning of Section 49 of the Building Act 1948.”
Statutory Consultation with Building Control Bodies
CLG have produced a document called ‘The Building Regulations and Fire Safety Procedural
Guidance’ which gives procedural guidance on the standards for consultation.
The Team will follow this procedural guidance for all building regulation consultations.
The guide explains the steps involved in approving the fire safety aspects of building work, and
the interaction between Building Regulations and other statutory fire safety requirements in
England and Wales.
If the procedures described in this guide are followed, developers and designers will be able to
receive all the fire safety information relevant to Building Regulations and other statutory
approvals, in time to avoid abortive work. Owners and occupiers will also benefit, as this process
will generate the basis of their fire safety management procedures and risk assessment.
There should be no need for extra building work to be undertaken at the end of a building project
and before the building can be occupied for its intended purpose. Throughout this guide it is
assumed that applicants are conversant with the technical aspects of fire safety and its
regulation, or that they employ professional advisors who have this knowledge.
The Team will recommend to the Fire Protection Manager which new premises should form part
of the risk-based audit program.
Statutory Consultation under the Licensing Act 2003
The Authority receives a copy of all licence applications. Licence applications will be examined
by the Team and the applicant will be advised of their responsibilities under the Order. The
applicant will be referred to national guidance on how to comply with the order. The duty to
comply with the Order rests with the responsible person and the Authority will not normally
provide detailed advice to individual applicants. Premises will not normally be visited as part of
the licensing process.
The Team will recommend to the Fire Protection Manager which new premises should form part
of the risk-based audit program. The applicant will be advised that the premises may be visited
at a future date in order to ensure adequate fire safety standards are in place.
The Team’s Manager will agree with Head of Enforcement an action date if an early audit is
considered necessary due to identified risk.
Officers in the Team will apply the CLG guidance detailed below when considering suitable
standards of fire safety in licensed premises.
•
Entry Level Guide - A short guide to making your premises safe from fire
Page 3 of 10
Role & Responsibilities Fire Engineering, Planning & Licensing Team
•
•
•
•
Guide 6 - Small and medium places of assembly
Guide 7 - Large places of assembly
Guide 8 - Theatres and cinemas
Guide 9 – Open Air Events and Venues
Non-statutory consultation
The Team may receive consultations under the following legislation:
•
•
•
•
•
•
•
•
•
•
Animal Boarding Establishments Act 1963
Betting, Gaming and Lotteries Act 1963
Breeding of Dogs Act 1973
Dangerous Wild Animals Act 1976
Marriage Act 1995
Pet Animal Act 1951
Public Health Act 1951
Riding Establishments Act 1964 and 1970
Theatres Act 1968
Zoo Licensing Act 1981
Our aim is to reduce the risk and impact of fire on the community, safeguard fire-fighters,
heritage and the environment, reducing the loss of life, injuries, commercial, economic and
social costs. The Team’s resources will be focused on higher-risk enterprises, reflecting local
need and national priorities. As a result, all non-statutory consultations will be acknowledged by
the Team, however depending on risk assessment the Team may just include in the
acknowledgment the following statement:
“The Authority has no objections to the proposal(s), however this letter should not be construed
as a certificate from the Fire and Rescue Authority that your premises are fully compliant with
the fire safety requirements. You are reminded that in accordance with the relevant statutory
regulations and guidance it is a matter for the responsible person to ensure compliance with the
requirements of the Regulatory Reform (Fire Safety) Order 2005.”
2.
Petroleum/Explosives licensing or registration
The Authority is responsible for the enforcement of the following Acts and Regulations which
pertain to the storage of petroleum-spirit and certain types and quantities of explosives.
Petrol
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Petroleum (Consolidation) Act 1928;
Petroleum Spirit (Motor Vehicles etc) Regulations 1929;
Petroleum (Mixtures) Order 1929;
Petroleum (Transfer of Licences) Act 1936;
Petroleum (Liquid Methane) Order 1957;
Public Health Act 1961 (Section 73 only);
Petroleum Spirit (Plastic Containers) Regulations 1982;
Carriage of Dangerous Goods by Road Regulations 1996 (Regulation 20 only); and
Dangerous Substances & Explosive Atmospheres Regulations 2002 (DSEAR).
Explosives



Explosives Act 1875;
Manufacture & Storage of Explosives Regulations 2005;
Fireworks Regulations 2004.
Page 4 of 10
Role & Responsibilities Fire Engineering, Planning & Licensing Team
The main functions the Team (on behalf of the Authority) include:

Granting petroleum licenses, ensuring Conditions of licence and (where applicable) the
requirements of DSEAR are complied with. Ensuring (on receipt of notification) that
Regulations controlling the keeping of petroleum spirit without a licence are being complied
with.

Ensuring that occupiers/owners of fixed disused petroleum spirit storage tanks fulfil their
statutory obligations under S.73 of the 1961 Public Health Act.

Ensuring that provisions of Regulation 20 to The Carriage of Dangerous Goods by Road
Regulations 1996 are complied.

Granting licenses to store explosives and registering persons storing explosives.

Granting licenses for the 'all-year-round' supply of fireworks.

Generally ensuring all the relevant provisions of the above Acts & Regulations are being
complied with by way of a programmed inspection regime or responding to information
received/complaints from other Authorities, employees, customers and members of the
public etc.
3.
Receipt of all notifications
Fire Fighters Switches
Article 37 of the Fire Safety Order states: Subject to the exception detailed below, this article applies to apparatus consisting of luminous
tube signs designed to work at a voltage normally exceeding the prescribed voltage, or other
equipment so designed and references in this article to a cut-off switch are, in a case where a
transformer is provided to raise the voltage to operate the apparatus, references to a cut-off
switch on the low-voltage side of the transformer.
The "prescribed voltage" means
•
•
1000 volts AC or 1500 volts DC if measured between any two conductors; or
600 volts AC or 900 volts DC if measured between a conductor and earth.
No apparatus to which this article applies is to be installed unless it is provided with a cut-off
switch.
In the case of new installations, within the county of West Yorkshire, the “responsible person‟ is
required, not less than 42 days before commencement of the work, to give notice to West
Yorkshire Fire & Rescue Authority (the Authority) showing the location, colouring and marking of
the cut-off switch. The Team will be responsible for the receipt of this notice and subsequent
actions.
Where such a notice has been served and the Authority is not satisfied with the location colour
etc., they must serve a Notice within 21 days stating that their requirements are not satisfied.
In the case of existing installations the “responsible person‟ should have given notice to the
Authority stating whether the apparatus is provided with a switch and if so where the switch is
located and how it is coloured and marked. The Authority may serve a notice on the “responsible
person‟ indicating any remedial action required.
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Role & Responsibilities Fire Engineering, Planning & Licensing Team
If the cut-off switch complies in position, colour and markings with the current regulations of the
Institute of Electrical Engineers, the Authority may not serve a notice.
Any notice may specify a time period for completion.
Notification and Marking of Sites
The Dangerous Substances (Notification and Marking of Sites) Regulations 1990 (referred to as
the NAMOS Regulations), require the person in control of any site or premises where a total
quantity of 25 tonnes or more of dangerous substances are used or stored, or are to become
used or stored, to give written notification to both the Fire & Rescue Service and the Health and
Safety Executive.
The Health and Safety Executive is the enforcing authority for notification of the storage of
dangerous substances and once notified, the Authority is the enforcing authority for the marking
of sites with warning signs. The Authority is also responsible for giving directions as to the
quantity, type and location of signs.
All sites having present at any one time a quantity of 25 tonnes or more of dangerous
substances must display signs bearing the exclamation mark symbol, as defined by BS 5378 (as
superseded by BS 5499 Part 5 2002), at such places as will give adequate warning to firefighters before entering the site in an emergency.
Upon receipt of a notification, an officer from the Team will make an appointment to visit and
assess the site. Safety signs must be displayed as directed by the Officer who must be satisfied
that only signs necessary in order to warn fire-fighters in an emergency that dangerous
substances are present are asked for, and displayed accordingly.
The officer may instruct the person in control of the site to also display safety signs at such
locations within the site as he deems necessary. The intention of these signs is to give firefighters information of significant hazards within a site.
BASIS Notifications
BASIS is an independent registration, standards, certification and training organisation (serving
pesticide, horticulture, forestry and other relevant interests), working with and through industry
organisations to implement relevant sections of 'The Food and Environment Protection Act 1985'
and other legislative and industry Code of Practice requirements.
The Authority and BASIS have established and agreed joint working arrangements which
promote opportunities for the Team to obtain operational information about their operational risks
and to ensure fire safety resources are targeted towards higher risk to life premises.
BASIS regularly audits their member’s premises to ensure compliance with industry
requirements. Part of this audit will involve the BASIS assessor reviewing the fire risk
assessment. A risk assessment model is supplied by BASIS to all its members; members are
however free to use another model if they wish.
If the BASIS assessor determines that the risk from the storage/process is low or medium, the
team will be advised of the existence of the store in order that they may update any hazard
information systems held. No fire safety inspection will be required although the need for a 7.2(d)
visit can be determined locally. Where information has been provided by the Environment
Agency (EA) of the risk category, this will also be passed to the Team together with contact
information should further information be required from the EA.
For such low or medium risk premises BASIS will be notified by the Team that there are no
objections to their registering the premises using a standard letter.
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Role & Responsibilities Fire Engineering, Planning & Licensing Team
If the BASIS assessor has assessed the premises as high risk the Team will be advised of the
assessment finding and a visit by a Fire Safety Inspector requested. The High Risk criteria will
be allocated by the BASIS assessor according to the quantities and type of storage. Each High
Risk premises will be inspected by BASIS annually and a report requested from the Team once
every 5 years, (as long as it remains in the High Risk category).
New School Applications/Variation to existing Registrations
When notified of an application for registration the Team will consider whether to supply any
comments or information to Department for Education (DfE).
The Team will send to DfE within 20 working days, a copy of the results of any unsatisfactory fire
safety audit carried out on a school for which registration is sought. An electronic copy should
be sent to the relevant DfE contact for that Local Authority Area and in addition to the following
email address: fp.iebt@education.gsi.gov.uk
If the application is subject to Building Control Approval, i.e. (New Build/Change of use), The
Team will take part in a full consultation process, with the relevant Building Control Body (BCB).
In addition to the above, and prior to the issue of a completion certificate by the BCB, a joint ‘pre
completion’ inspection may be undertaken by the Team and BCB. The school will be informed,
as part of the normal building regulations consultation process.
4.
Inspections and providing advice
During Performance Inspections
The Team may carry out inspections of high-risk premises whilst licensable activity is taking
place (during performance inspections) and will support multi-agency initiatives where a need is
justified. These inspections do not constitute a full fire safety audit and where significant
problems are found they should be reported to the Enforcement Team Leader.
Large Scale Open Air Events & Venues
At such events the Authority’s role is divided between the Team, who deal with issues of general
fire precautions and Operations who deal with matters relating to response to fires and other
emergencies.
A Team officer will attend where possible and give advice as necessary. The local Station
Commander should attend the initial meeting and provide contact details for advice concerning
operational matters. He/she will be informed of multi-agency meetings and will attend where
necessary. It is expected that such attendance will only be necessary for the larger events. The
Station Commander’s remit will be confined to operational matters and any decision to carry out
familiarisation visits for local crews.
Temporary Events Notices
These are smaller-scale temporary events with a maximum attendance of 500 persons. Where
the fire authority is informed of such events the local Station Manager will be informed so that an
operational assessment can take place. Where such an assessment raises fire safety concerns
the Team can be contacted for further advice.
Safety of Sports Grounds
Under the Safety of Sports Grounds Act 1975, the local authority is required to issue a Safety
Certificate to grounds designated by the Secretary of State. Designated grounds are in general,
those used for soccer, rugby and cricket and with a capacity of over 5,000 spectators
Page 7 of 10
Role & Responsibilities Fire Engineering, Planning & Licensing Team
The Safety Certificate contains terms and conditions considered necessary to secure reasonable
safety at the stadium, when it is in use for the specified activity or activities.
The specified activities could also include non-sporting activities. They also have similar powers
in respect of regulated stands. These are stands which have a capacity of 500 or more
spectators under cover at any sports ground.
Where a Safety Certificate is required the local authorities have a Safety Advisory Group (SAG)
consisting of officers with relevant specialist knowledge.
Nominated Team officers will be a member of these SAGs. At SAGs the Authority’s role is
divided between the Team, who deal with issues of general fire precautions and the local Station
Commander who deal with matters relating to response to fires and other emergencies.
The role of the SAG is;

To determine what needs to be included in the Safety Certificate.

To monitor, review and assess whether the requirements of the Safety Certificate are being
followed by:


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Visiting and inspecting grounds regularly on match and non-match days
Inspecting the clubs records.
Consult with representatives of the club and recognised supporters organisations on matters
relevant to spectator safety.
Fire and Rescue Services Act 2004
The Fire and Rescue Services Act 2004, Section 6 requires the Authority to make arrangements
for giving, when requested, advice on how to prevent fires and restrict their spread in buildings
and other property and the means of escape from buildings and other property in case of fire.
The general public and other enforcing authorities frequently consult the Authority on matters
relating to fire safety. This type of inspection is classed as 'goodwill' or 'agency work' and the
Authority will co-operate with such requests and the Team will advise in accordance with
statutory requirements. There is no obligation upon the Team to provide advice of a general
nature, for example, to litigants (and their advisers) who may be parties to legal proceedings.
Goodwill advice may be sought by:

Other enforcing authorities, who require expert advice on fire safety matters. Advice given to
such authorities will be in writing and a copy will be retained on file.

Requests from members of the public. Requests in writing will receive a response in writing
and verbal requests of a very general nature, for example the type of extinguisher for a
particular risk, will receive a verbal response.
Local Education Authorities (LEA) - School’s Protocols
Whilst these protocols has no legal standing, their purpose is to bring about a partnership to
achieve an appropriate, suitable and sufficient standard of Fire Protection for the staff, pupils
and other users attending premises controlled by five Local Education Authorities in West
Yorkshire.
The Team will provide guidance on the necessary FSO standards for premises under the control
of LEAs. They will also provide information on unwanted fire alarm signals (False alarms) for
premises under the control of LEAs.
Page 8 of 10
Role & Responsibilities Fire Engineering, Planning & Licensing Team
The Team will meet each of the five LEAs annually to discuss fire safety including any significant
findings from risk assessments required by the FSO.
Once a priority order has been agreed and to assist with planning and budgetary matters,
appropriate and reasonable timescales for the completion of any necessary measures, will also
be agreed between the partners. The agreement will be in the formalised into action plans.
To ensure that action plans are being progressed appropriately and within the agreed
timescales, a number of sample audits of schools will be completed by the Team.
The Authority will only take formal enforcement action if there is a failure to complete agreed
action plans without a justifiable reason. This action will only take place after full consultation has
taken place and always as a last resort.
Where partners need to share information the Data Protection Act 1998 and other legislative
requirements must be complied with. Account should be taken of Authority’s responsibilities in
respect of co-operation and data sharing with other enforcement bodies.
5.
Coordinating ‘Unwanted Fire Signal’ reduction work
Over many years WYFRS have been working with local and national businesses to reduce the
number of Unwanted Fire Signals (UwFS) that are generated from premises protected by fire
detection and fire alarm systems. The number of automatic fire detection and fire alarm systems
(AFAS) installed is increasing and there is concern about the corresponding increase in UwFS
from some of these systems. These can prove both costly to the Fire & Rescue Service and to
the building operator where evacuation of a building as a result of a false alarm signal can result
in loss of production and general disruption of normal business activities.
False alarms generated by the actuation of automatic fire alarms (AFA’s) when there is no fire,
tie up critical resources that are then unavailable to attend real emergencies.
To reduce the number of unwanted fire signals from automatic fire detection systems the Team
will coordinate and monitor the reduction activities carried out by both Protection and
Operational personnel.
6.
Team Members, Contacts & Responsibilities
Nigel Charlston – Team Leader and substitute for all the Lead Officers
Lead Officers
Paul Clayton –
•
•
•
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Fire Engineering
Complex Buildings
Hospital and Sports Ground developments
Leeds SAG
Mohammed Azam –
•
•
•
•
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Building Regulations Consultations
Licensing Act Consultations
Wakefield & Kirklees SAG
Housing Act Consultations
Independent School Consultations as per MOU
Page 9 of 10
Role & Responsibilities Fire Engineering, Planning & Licensing Team
Robert Nowak –
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•
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Petroleum
Explosives
Coordination of UwFS reduction activity
Calderdale and Bradford SAG
Receipt of Statutory Notifications
BASIS Notifications
New School Applications/Variation to existing Registrations
School’s Protocols
All correspondence relating to matters specified in this document should be sent to:
West Yorkshire Fire & Rescue Service
Fire Protection
Oakroyd Hall
Birkenshaw
Bradford
BD11 2DY
Tel No. 01274 655785 or 655827
Fax No. 01274 655888
E-mail: fire.safety@westyorksfire.gov.uk
Correspondence received via the above will be forwarded for the attention of the relevant
officer(s).
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