Fire Safety Jonathan Harrison Fire Protection Inspector West Yorkshire Fire & Rescue Authority

What is the fire legislation? Who enforces it? Any Questions? What Actions?

Fire Legislation The Regulatory Reform (Fire Safety) Order 2005 came into force 1 st 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 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. 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. 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.

Whilst the legislation does not define suitable and sufficient it is generally considered that a risk assessment should do the following: Suitable and Sufficient 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. 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 : 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 – Poundstrecher fined £55,000 (3 rd successful prosecution) – Hotelier and risk assessor jailed for 8 months each.

ANY QUESTIONS ? Your Local Fire Safety Office is Bradford Many Thanks