West Yorkshire Fire & Rescue Authority
Fire Protection Policy
Discharge of Duties & Powers
West Yorkshire Fire & Rescue Service
Oakroyd Hall
Birkenshaw
Bradford
BD11 2DY
Date Issued:
01/03/2011
Ref:
FS-POL007
Review Date:
20/04/2014
Version: 2.0
www.westyorksfire.gov.uk
Page 1 of 8
Discharge of Duties & Powers
1.
Introduction
1.2
The West Yorkshire Fire & Rescue Authority has been given the powers to enforce
various fire safety related legislation that falls within the auspices of the following three
Government Ministries: 
Department for Communities & Local Government

Department for Work & Pensions

Department of Trade & Industry.
1.3
The consequences of this devolved empowerment are the subtle differences that exist in
the Authority’s legal obligations and those of its inspectors under the Regulatory Reform
(Fire Safety) Order 2005 (ORDER), the Health & Safety at Work etc. Act 1974 (HSAW)
and the Consumer Protection Act 1987 (CPA).
1.4
Although the generic term ‘fire safety inspector’ is used throughout this document,
personnel appointed as inspectors under the provisions of the HSWA and the CPA hold
the respective titles of ‘health & safety inspector’ and ‘authorised enforcement officer’.
2.
Enforcement Remit
2.1
The Regulatory Reform (Fire Safety) Order 2005, Part 3 Enforcement, Article 25 (a)
defines Fire and Rescue Authorities as one of the enforcing authorities for the purposes
of this Order. For all premises to which this Order applies that are, or will be, situated
within the boundaries of the West Yorkshire Fire & Rescue Authority, the enforcing
authority will be the West Yorkshire Fire & Rescue Authority.
2.2
Schedule 11 of the Local Government Act 1985 amended the Explosives Act 1875 and
the Petroleum (Consolidation) Act 1928 to make Fire & Civil Defence Authorities the
enforcing authorities for these Acts in the metropolitan counties of England. Subsequent
amendments/revocations to the 1875 and 1928 Acts, together with the introduction of the
Dangerous Substances & Explosive Atmospheres Regulations 2002 and the
Manufacture & Storage of Explosives Regulations 2005 onto the statute books have, in
general, continued the enforcement remit of the former Metropolitan Fire & Civil Defence
Authorities for the storage of petrol and certain types of explosives.
3.
General Enforcement
3.1
ORDER
Under article 26(1) the West Yorkshire Fire and Rescue Authority, being one of the
enforcing authorities under article 25, must enforce the provisions of the Order and any
regulations made under it in relation to premises for which it is the enforcing authority. It
also gives the enforcing authority the power to appoint inspectors.
3.2
HSWA
Section 18 imposes certain duties on the enforcing authority, in this case the Authority, to
enforce some of the ‘relevant statutory provisions’ of HSWA.
3.3
CPA
Regulation 12 of the Fireworks Regulations 2004 transfers the licensing enforcement
duties (of regulation 9) from the local weights and measures authorities to the fire and
civil defence authorities. Regulation 9 of the Fireworks Regulations 2004 requires
suppliers of ‘adult fireworks’ to obtain a licence where the fireworks are supplied outside
the time periods prescribed by regulation 9(2) of the 2004 Regulations.
Page 2 of 8
Discharge of Duties & Powers
3.4
Powers of Inspectors
Sections 27 28 29 30 and 31 of the RRO and Sections 19, 20. 22 and 25 of the HSWA
refer to the powers of inspectors, the use of those powers and the issue of Notices.
3.5
4.
Sections 28 and 29 of the CPA refer to powers of ‘authorised enforcement officers’ in
respect of test purchases, powers of entry and the seizure/detention of goods and
records.
Indemnification of Health & Safety Inspectors
4.1
Section 26 of the HSWA allows Local Authorities to indemnify inspectors appointed
under that Act under specified circumstances. It is the policy of the Authority to indemnify
inspectors appointed under that Act against the whole of any damages and costs or
expenses which may be involved, if the Authority is satisfied that the inspector acted in
good faith and was not wilfully acting against instructions.
4.2
It follows that in order to satisfy a Court of Law the Authority must use its discretionary
powers responsibly. There should be clear guidelines laid down for Inspecting Officers to
follow and it should not be left to individual officers to make policy, or indeed, to
substitute custom and practice for policy.
4.3
It is clear that in order to be able to prove that policy decisions were followed, and the
Authority used its discretionary powers responsibly, policy statements need to be
prepared which will state in some detail the relevant legislation under which inspections
are carried out, the duties of the Authority and the manner in which those duties should
be performed.
5.
Categories & Standards
5.1
Fire safety inspections and other related work are carried out under the following
categories:





5.2
As the Enforcing Authority,
As a Statutory Consultee,
As a Fire Safety Consultant for other Enforcing Authorities,
Under Section 6 (1) of the Fire and Rescue Services Act 2004 (for the
purpose of promoting fire safety within its area)
Giving advice on request under Section 6 (2) of the Fire and Rescue Services
Act 2004
Health & safety inspections are carried out under the following categories:


As the Enforcing Authority,
As a Statutory Consultee,
5.3
Fireworks safety inspections are solely carried out in the role of the enforcing
authority.
5.4
The basis of information contained in reports, inspection standards and enforcement
requirements shall be in accordance with Notes for Guidance, Standard Operating
Procedures, British and European Standards and recognised industry guidance. DCLG
guidance, Health and Safety Executive/Local Authority Liaison Committee (HELA) and
Health and Safety Commission promulgations will be taken into account when agreeing
appropriate inspection policy.
Page 3 of 8
Discharge of Duties & Powers
5.5
For the purposes of the Regulatory Reform (Fire Safety) Order 2005 we will adopt for
most premises in West Yorkshire the fire safety standards advocated in the guidance
notes issued by the DCLG, i.e.












Entry Level Guide - A short guide to making your premises safe from fire
Guide 1 - Offices and shops
Guide 2 - Factories and warehouses
Guide 3 - Sleeping accommodation
Guide 4 - Residential care premises
Guide 5 - Educational premises
Guide 6 - Small and medium places of assembly
Guide 7 - Large places of assembly
Guide 8 - Theatres and cinemas
Guide 9 - Outdoor events
Guide 10 - Healthcare premises
Guide 11 - Transport premises and facilities
5.6
For certain more complex premises other guidance documents will be used as
appropriate, however, the DCLG guides will be used address fire safety issues in
individual occupancies.
5.7
The Authority will have due regard to the guidance issued by the Secretary of State to
assist enforcing authorities in their enforcement responsibilities under the Order.
6.
Acts and Regulations Enforced
6.1
The Authority is the enforcing authority for the following Acts and Regulations:
6.2
Fire Safety Legislation



Regulatory Reform (Fire Safety) Order 2005
Health and Safety (Safety Signs and Signals) Regulations 19961
Construction (Health, Safety and Welfare) Regulations 19961
6.3
Relevant Statutory Provisions of the Health & Safety at Work etc. Act 1974: -
6.4
Explosives


6.5
Fireworks Safety

6.6
Manufacture & Storage of Explosives Regulations 2005
Explosives Act 1875
Consumer Protection Act 1987 (Fireworks Act 2003) (Fireworks Regulations 2004)2
Petrol








Dangerous Substances and Explosive Atmospheres Regulations 20023
The Carriage of Dangerous Goods by Road Regulations 19964
Petroleum Spirit (Plastic Containers) Regulations 1982
Public Health Act 1961, Section 73
Petroleum (Liquid Methane) Order 1957
Petroleum-Spirit (Motor Vehicles etc) Regulations 1929
Petroleum (Mixtures) Order 1929
Petroleum (Consolidation) Act 1928
Page 4 of 8
Discharge of Duties & Powers
6.7
Fire fighters’ Safety

The Dangerous Substances (Notification and Marking of Sites) Regulations 1990
NB Reference to above legislation also includes any amendments or regulations in force
at the time.
Only in respect of ‘general fire precautions’.
Only in respect of the licensing requirements of regulation 9 of the Fireworks Regulations 2004.
3 Only in respect of the storage and dispensing of petroleum-spirit and other highly flammable automotive
fuels e.g. LPG and LNG.
4 Regulation 20 only
1
2
7.
Inspection
7.1
Delivery of fire safety services throughout West Yorkshire will have regard to the
principles contained in the Government’s Regulator’s Compliance Code as adopted by
the Authority.
7.2
The Authority will establish and maintain a planned inspection programme based on the
selection of premises for inspection using risk-based priority planning systems. This will
enable resources to be targeted at those premises and activities that pose the greatest
risk to health and safety.
7.3
The Authority will employ special initiatives, national or local campaigns, designed to
tackle specific issues that have been identified.
7.4
Key risks areas will be targeted which have been identified by national agendas and local
intelligence. Various enforcement approaches will be used and may include promotional
activities, e.g. the production of leaflets, use of mail shots etc.
7.5
The introduction of best practice working agreements and the use of standard operating
protocols will be used wherever possible.
7.6
The Authority will work closely with other departments within West Yorkshire as well as
with Government Departments and Agencies, other local bodies and key stakeholders.
7.7
Records of premises/responsible persons will be accurately maintained and contain
comprehensive information that includes names, ethnicity, addresses, history of fires,
complaints, inspections, investigations, enforcement action and priority ratings.
Databases will be accessible to all staff that needs to use them and they will be
adequately protected and maintained.
8.
Statutory Consultation
8.1
Certain enactments require enforcing authorities to consult the Authority before
exercising their powers or fulfilling their duty under those Acts. It is imperative that the fire
officers follow agreed procedure, inclusive of time limits; with the other enforcing
authorities to ensure that full and effective consultation is maintained. The agreed
procedures/protocols should be recorded and may from time to time require
amendment. In each case approval for this amendment must be sought via a Senior
FS&CR Officers’ meeting.
Page 5 of 8
Discharge of Duties & Powers
9.
Fire and Rescue Services Act 2004 and Non-Statutory Consultation
9.1
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.
9.2
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 will inspect and advise as
considered necessary. There is no obligation upon the Authority to provide advice of a
general nature, for example, to litigants (and their advisers) who may be parties to legal
proceedings.
9.3
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.
10.
Community Fire Safety
10.1
A additional “Policy Document” details how Community Fire Safety (CFS) will be
conducted within West Yorkshire over the medium to long term. The strategy takes the
form of a common integrated approach between the Fire Safety and Operational
functional groups to achieve a comprehensive, structured, co-ordinated, targeted and
sustainable effort to reduce the number of fire deaths, fire related injuries, domestic fires
and malicious calls within West Yorkshire.
11.
Disclosure of Information to Third Parties
11.1
Notwithstanding the restrictions imposed by section 28 of the Health & Safety at Work etc
Act 19741, the disclosure of information will be made in accordance with the Authority’s
policy for the Data Protection Act 1998 and the requirements of the Freedom of
Information Act 2000
11.2
The restriction on the disclosure of information does not apply to an enforcing authority,
within the meaning of the Health & Safety at Work etc Act 1974, in order for that authority
to discharge any function falling within its field of responsibility.
1As
amended by the Freedom of Information Act 2000.
12.
The Environment and Safety Information Act 1988
12.1
This Act imposes a statutory duty on authorities responsible for issuing notices under
Articles 29, 30 and 31 of the Regulatory Reform (Fire Safety) Order 2005, and Sections
21 and 22 of the Health and Safety at Work etc Act 1974, to maintain a public register of
notices served where those notices are ‘relevant notices’. In this respect, ‘relevant
notices’ are those served under any of the provisions of the RRO or the HSWA, other
than notices which impose requirements or prohibitions solely for the protection of
persons at work.
Page 6 of 8
Discharge of Duties & Powers
13.
Inter-agency Liaison
13.1
Fire safety inspectors will co-operate with the Health & Safety Executive and the
Environmental Health Departments of the District Councils, by passing-on information ‘as
a matter of evident concern’ for any serious breaches of the HSWA/Regulations they
may come across during inspections.
14.
Operational Liaison
14.1
There must be an awareness of the need for an exchange of information between
personnel carrying out fire safety inspections and those responsible for operational
matters. This exchange of information must be a two way process and a continuing
feature of station activity so that Service effectiveness and efficiency is optimised.
15.
Chief Fire Officer’s Responsibilities
15.1
In the case of the Acts and Regulations listed in this document, for which the Authority is
the enforcing authority, the Authority has delegated its powers to the Chief Fire Officer.
16.
Delegation of Powers by the Chief Fire Officer
16.1
Fire safety inspectors will be appointed and authorised in accordance with the current
policy for ‘Appointment and Authorisation of Fire Safety Inspectors’.
18.
Frequency of Inspection and Officer Grades
18.1
The Senior Fire Safety Manager will ensure that inspections/reports are carried out within
the confines of the ‘Inspection Strategy’ as far as resources will allow, and to record any
exercise of discretion in cases where such policy cannot be implemented
19.
Disclosure of Information to Employees
19.1
Section 28(8) of the HSWA imposes a duty on an inspector (appointed under Section 19
of the HSWA) to keep persons, or the representative of persons, employed at the
premises adequately informed about matters affecting their health, safety and welfare,
following any visits or inspections of the premises concerned.
19.2
This obligation only applies where inspections are carried out to ensure compliance with
the ‘relevant statutory provisions’ of HSWA.
20.
The Regulation of Investigatory Powers Act 2000
20.1
The Regulation of Investigatory Powers Act 2000 (the Act) regulates covert investigations
by a number of bodies and was introduced to ensure that individuals' rights are protected
while also ensuring that organisations have the powers they need to do their job
effectively.
20.2
The Authority is obliged to set out its procedure for applying the relevant provisions of the
Act. The Act provides many safeguards for the individual where previously none existed.
It is not envisaged that the procedure will be used frequently but where it is necessary to
do so, this procedure, based on the Home Office Codes of Practice, fulfils all the
requirements of the Act.
Page 7 of 8
Discharge of Duties & Powers
21.
Additional Policy Documents
Policy Schedule
Dated: 1 October 2006
Revised:
FS-POL003 - Appointment and Authorisation of Fire Safety Inspectors
FS-POL008 - Enforcement Policy
FS-POL019 - Prosecution Policy
FS-POL021 - Caution Policy
Fire Safety & Emergency Procedures Policy – POL011 (Occupational Health Intranet Site)
(For premises occupied by the WYF&RA)
Community Fire Safety Policy
FS-POL020 - Policy for Reducing False Alarms
Policy for Users of Remotely Monitored Fire Alarm Systems (Initial)
FS-POL009 - Policy for Fire Investigation
Arson Reduction Policy
FS-POL013 - Houses In Multiple Occupation Policy (Initial)
FS-POL016 - Licensing Policy (Initial)
Sprinkler Policy (Initial)
Child Protection Policy (Initial)
Home Fire Safety Check Policy (Initial)
Direct Home Approach Policy (Initial)
FS-POL018 - Policy for Explosives and Petroleum
Lone Working Policy (Initial)
Policy for Reducing Malicious False Alarms
Youth
Page 8 of 8