CLACKMANNANSHIRE COUNCIL Report to Council of 27th September 2007 Subject: Fire Policy Review Prepared by: Sarah L. Barnes, Health & Safety Adviser 1.0 SUMMARY 1.1. This report provides the Council with information on the review of the Council's existing Fire Prevention & Emergency Procedures Policy. The document has been divided into a Policy Statement (Part A) at Appendix 1 and a subsequent Guidance Document (Parts B and C); thus expanding the existing policy to reflect the changes necessary in order to comply with The Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006. This new Fire Safety Policy and Guidance document has been subject to extensive consultation by the Health and Safety Forum members, the JTUC and additional Council Officers as required. 2.0 RECOMMENDATIONS 2.1. It is recommended that Council approve the revised Fire Safety Policy and Guidance as a replacement to the existing Fire Prevention & Emergency Procedures Policy. 3.0 BACKGROUND 3.1. Fire in the workplace has been covered by legislation for a number of years. Additionally, the Health and Safety at Work Act 1974, section 2, states that employers have to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees. This includes ensuring all employees are protected as far as possible from the risk of fire in the workplace. 3.2. All existing fire safety legislation has been repealed and replaced with a new fire safety regime: the Fire (Scotland) Act 2005, as amended, and the Fire Safety (Scotland) Regulations 2006 made under that Act. The Fire Certificate (Special Premises) Regulations 1976 and the Fire Precautions (Workplace) Regulations 1977 have now been withdrawn. Some of the main provisions of the new legislation are summarised at Appendix 2. 3.3. Clackmannanshire Council has demonstrated a commitment to fire safety since the ‘Guidelines for Fire Prevention and Emergency Procedures Policy’ 106745670 Page 1 of 10 was passed by Council in June 2000. This Policy has been reviewed to ensure the Council complies with the new statutory requirements above. 3.4. The main changes to the Council Fire Policy are as follows: The ‘Responsible person/duty holder’ has been more clearly defined. Overall responsibility and accountability lies with Heads of Service, who must then ensure that they delegate specific duties concerning fire safety, as required, in their area of responsibility. These duties have been summarised at Appendix 3; Slight amendments have been made to the fire risk assessment proforma and additional guidance has been included; Templates for emergency plans have been provided (including a simple ‘Fire Action Notice’ poster and full emergency plans for more complex buildings); A standard fire log book template has been provided to encourage uniformity throughout the Council; Personal Emergency Evacuation Plans (PEEPs) now have to be completed for all staff or regular visitors with impaired mobility. A questionnaire, guidance and template PEEP are now included. A separate PEEP has also been designed for schools, where pupils are subject to location changes throughout the day due to their timetables; More guidance has been included on the fire safety documentation required in each Council premises. This includes the fire risk assessment, emergency plan, log book, PEEPs where required and fire safety testing certificates (electrical wiring, fire alarms etc.). 4.0 CONCLUSIONS 4.1. Implementing the revised Fire Safety Policy and Guidance will provide assistance for managers in ensuring the Council adheres to its statutory obligations under The Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006. This Policy will also contribute to the Council's existing commitment to providing safer workplaces for all staff. 5.0 SUSTAINABILITY IMPLICATIONS 5.1. The revised Fire Safety Policy and Guidance will support the Council’s efforts towards providing a safe working environment and satisfying relevant statutory requirements. 106745670 Page 2 of 10 6.0 FINANCIAL IMPLICATIONS 6.1. There may be a small financial impact in some more complex premises where designated staff require training in Fire Risk Assessment. 6.2. Declarations (1) The recommendations contained within this report support or implement Corporate Priorities, Council Policies and/or the Community Plan: Corporate Priorities (Key Themes) (Please tick ) Achieving Potential Maximising Quality of Life Securing Prosperity Enhancing the Environment Maintaining an Effective Organisation Council Policies Community Plan (Themes) (Please tick ) Community Safety Economic Development Environment and Sustainability Health Improvement (2) In adopting the recommendations contained in this report, the Council is acting within its legal powers. (Please tick ) (3) The full financial implications of the recommendations contained in this report are set out in the report. This includes a reference to full life cycle costs where appropriate. (Please tick ) ____________________________ Head of Service ____________________________ Director 106745670 Page 3 of 10 Appendix 1 Part A – Fire Safety Policy Statement CONTENTS Part A – Fire Safety Policy Statement 1. Fire Procedures 2. Arrangements for Securing the Health & Safety of Workers 3. Safe System of Work 4. Summary - Policy Statement 5. Policy Arrangements - Responsibilities 6. Employee Responsibilities 106745670 Page 4 of 10 Part A – Fire Safety Policy Statement Clackmannanshire Council will take all steps necessary to minimise and prevent the incidence of FIRE. All Heads of Service, as responsible persons within the Council, will ensure that all statutory requirements under the Fire (Scotland) Act 2005, as amended, and the Fire Safety (Scotland) Regulations 2006 made under that Act will be met. 1. Fire Procedures In the event of fire, the safety of life will override all other considerations, such as saving property and extinguishing the fire. If a fire is discovered, the alarm will be raised immediately. This should be the first action taken on discovery of any fire, however small. Clackmannanshire Council refutes the notion that the alarm should be raised only in the event of a large fire. All employees are empowered to take this action if they believe there is a fire and no authority should be sought from any other person. Clackmannanshire Council will always support employees who operate the fire alarm system in good faith, regardless of whether or not it is ultimately determined that a fire existed. Responsibility for summoning the fire brigade must be outlined in the fire procedures for each building. Any member of staff discovering a fire is empowered to do this. However, the Principal Fire Warden and/or the Emergency Controller must always be informed. Clackmannanshire Council does not require persons to attempt to extinguish a fire, but extinguishing action may be taken if it is safe to do so. Guidance on the circumstances under which fire fighting should be avoided or discontinued will be included in staff fire safety training. Immediate evacuation of the building must take place as soon as the evacuate signal is given. All occupants, on evacuation, should report to their pre-determined assembly points. Re-entry of the building is strictly prohibited until the Fire and Rescue Service Officer in Charge declares it is safe to do so. Silencing of the fire alarm system should never be taken as an indication that it is safe to re-enter the building. Employees should report any concerns regarding fire procedures to their line manager, Principal Fire Warden or the Emergency Controller, so they can be investigated and remedial action taken if necessary. 106745670 Page 5 of 10 2. Arrangements for Securing the Health and Safety of Workers The Council will, in consultation with employees and their representatives: 1. ensure any hearing impaired persons on the premises are aware of the activation of the fire alarm, and that people with disabilities are given assistance to evacuate the building; 2. appoint persons to be responsible for specific procedures in the event of fire, including: a. the person responsible for summoning the fire brigade; b. fire wardens; c. those responsible for carrying out roll calls or supervising evacuation assembly points; d. fire incident controllers responsible for liaising with the fire brigade on arrival; e. security personnel; 3. inspect the means of escape; 4. regularly stage fire evacuation drills; 5. test and inspect fire-fighting equipment and fire warning systems; 6. provide adequate fire safety training to employees, plus specialist training to those with special responsibilities. 3. Safe System of Work (in the event of fire) 1. Activate the nearest and/or safest fire alarm on discovery of any fire, however small. Do not wait until you have informed another person, such as a manager, switchboard operator, fire warden, security control room operator, etc. 2. If fire procedures involve informing a continuously manned location on site, do so, provided this action is taken from a place of safety after operating the fire alarm system. 3. Do not rely on automatic fire warning systems. Summon the fire brigade without delay by the usual method as automatic methods of transmission can fail. 4. Only attempt to extinguish a fire if it is safe to do so. Guidance on the circumstances under which fire fighting should be avoided or discontinued will be included in staff fire safety training. 5. Evacuate the building as soon as the evacuate signal is given. Employees should be familiar with the procedure through the staging of 106745670 Page 6 of 10 regular fire evacuation drills. Do not wait to conclude meetings or telephone calls or to collect belongings. 6. Switch off any equipment which, if left unattended, may itself constitute a fire hazard. 7. As you make your escape, close doors, particularly those designated as fire resisting doors. 8. Report to the pre-determined assembly points. Do not re-enter the building until the Fire & Rescue Service Officer in Charge declares it is safe to. 9. Fire wardens - check each area of the building has been evacuated and report this to the nominated persons at the designated evacuation assembly points. 10. Fire incident controller - liaise with the Fire & Rescue Service on attendance and arrange such assistance from the organisation as they may require. 4. Summary Policy Statement In the event of fire, the three most important actions are, in chronological order, to: 1. Raise the alarm. 2. Summon the Fire & Rescue Service. 3. Evacuate the building — attempts to extinguish the fire should only be made if it is safe to do so. 4. Do not re-enter the building until the Fire & Rescue Service Officer in Charge declares it safe to do so. Where significant damage has occurred then Property Services, Development & Environmental Services (on telephone no. 01259 452669), should be contacted so that a further inspection can be carried out prior to staff being allowed back into the premises. 5. Policy Arrangements - Responsibilities Responsibility for complying with the Fire (Scotland) Act 2005 and subordinate regulations rests with the "responsible person". The latter is also often referred to as the “Duty Holder”. In a workplace, this is the employer and any other person who may have control of any part of the premises and resources, such as the occupier or owner. This person must have the power to be able to affect change i.e. by ensuring fire safety measures are implemented. In Clackmannanshire Council, Directors, Heads of Service, Managers and Supervisors are responsible, so far as is reasonably practicable, for ensuring the health, safety and welfare at work of all employees in their Service. For 106745670 Page 7 of 10 the purpose of ensuring all Council premises adhere to the Fire (Scotland) Act 2005, as amended, and the Fire Safety (Scotland) Regulations 2006, the overall responsible persons are the Council Heads of Service. They must ensure all fire safety measures are in place; as detailed in the following guidance (Parts B & C), through delegation, as appropriate. Periodic inspections must be carried out to identify any fire risks and ensure that appropriate measures are in place. Managers will ensure that housekeeping standards are such that the risk of fire is minimised. The Council through its Services will control Contractors working on/in Council premise and Contractors must be bound by the Councils’ fire procedures. The Councils’ Fire Prevention measures will focus on three main areas (sources of ignition) - electrical safety, smoking and arson and will, in conjunction with all employees or their representatives, implement the measures detailed in the following guidance (Parts B & C). 6. Employee Responsibilities 1. 2. 3. 4. 5. 106745670 Ensure you are aware of the precautions to be taken to prevent fire, Participate in fire evacuation practices, Inform line managers and/or a fire warden of anything which could present a serious fire risk, (in the absence of line managers/wardens, the Emergency Controller should be informed), Report any faults or suggested improvements to the fire safety arrangements, Co-operate with your employer to allow them to comply with their fire safety responsibilities. Page 8 of 10 Appendix 2 New Fire Legislation, Key Points 106745670 Fire certificates have been abolished. If a premises has an existing fire certificate, it is no longer valid. It is no longer acceptable to transfer persons with impaired mobility to ‘Refuges’ in order to await rescue by the Fire & Rescue Service. Responsibility for evacuating ALL occupants rests with the Employer/Responsible Person. The new fire safety regime is based on the principles of risk assessment and the requirement to take steps to prevent fire and mitigate the detrimental effects of a fire on the premises to ensure the safety of persons. The new fire safety regime applies to nearly all non-domestic premises in Scotland along with those Houses in Multiple Occupation which require a licence. If you have any degree of control over premises covered by the fire safety regime then you are likely to have some responsibility for fire safety but this responsibility will be in direct proportion to your level of control i.e. the more control you have, the greater your responsibility. But additionally, an employer will always retain responsibility for the safety of his or her employees. More than one person can have fire safety responsibilities for the premises. For example, an employer, owner, landlord, tenant or a contractor carrying out repair work may each have fire safety responsibilities for the premises and are required to co-operate with each other and co-ordinate their fire safety measures. If you have any responsibility through having some degree of control over premises, you are required to ensure a fire safety risk assessment is carried out in respect of the premises to the extent of your control and you need to consider the outcome of this assessment and take appropriate action as necessary. You must review your fire safety risk assessment regularly and update it if required. In some cases, the fire safety risk assessment will have to be recorded, such as, where a licence or registration is required for the premises, the enforcing authority has issued a formal ‘alterations notice’ requiring this or where an employer employs 5 or more employees. Premises covered by the fire safety regime may be inspected or audited by an enforcement officer to ensure compliance with the law (in most cases the enforcing authority will be the local Fire and Rescue Service). Page 9 of 10 Appendix 3 Duties for Heads of Service (as overall Responsible Persons) Nominate one or more competent persons to assist him or her in undertaking the measures necessary to comply with statutory requirements; Co-operate with other responsible persons in shared premises; Carry out a fire safety risk assessment of the premises. These must be recorded and the results provided to employees; Identify the fire safety measures necessary as a result of the fire safety risk assessment outcome; Implement these fire safety measures using risk reduction principles; Put in place fire safety arrangements for the ongoing control and review of the fire safety measures; Comply additionally with the specific requirements of the fire safety regulations; Keep the fire safety risk assessment and outcome under review; and Record keeping. 106745670 Page 10 of 10