Fire Safety Legislation
The most significant reform of fire safety legislation in over 30 years
took place on the 1 October 2006 with the introduction of the Regulatory
Reform (Fire Safety) Order 2005. The new regulation applies to England
and Wales and will be known as the Fire Safety Order 2005.
The Fire Safety
Order applies to virtually all premises and covers nearly every type
of building, structure and open space. For example:
- Office and shops
- Factories and warehouses
- Hospitals
- Residential care and nursing homes
- Hotels, B&B, hostels
- Common areas in multi-occupied flats
- Common areas in houses
in multiple occupation
- Community halls
- Public houses, clubs and restaurants
- Tents and marquees
- Schools, colleges and universities
The new regulation consolidates all
previous fire safety legislation, with the emphasis on fire prevention
through risk assessment. Fire certificates
have been abolished and therefore no longer have any legal status.
Legal
responsibility for complying with the Fire Safety Order rests with the
'responsible person'. In the workplace, this will be the employer/manager
and any other person who may have control of part of the premises. In
all other premises it will be the person or persons in control of the
premises. Where there is more than one ‘responsible person’ in
any type of premises they must take all reasonable steps to work with
each other.
- The legislation imposes a duty to take general fire precautions
to ensure the safety of both employees and other relevant persons
using the premises
and includes:
- Eliminating or reducing the risk and spread of fire as far as
reasonably practical
- Ensuring adequate provision of escape routes
and exits and that they are maintained in good order
- Providing
appropriate firefighting equipment taking into account the size of
the premises and the nature of the activities and risks.
- Ensuring
an adequate means for detecting fire and giving warning.
- Arrangements
for action in the event of fire including instruction and training
of employees and measures to mitigate the effects of fire.
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Risk
Assessment
The 'responsible person' is required to carry out a suitable
and sufficient risk assessment for the safety of ALL persons legally
on the premises.
The significant findings of the assessment must be recorded
if:
- Five or more persons are employed
- A license is in force relating to the
premises
- An alterations notice (issued by the enforcing authority) is
in force relating to the premises
In order to comply with the requirements of
the regulation the 'responsible person' must appoint one or more competent
persons* to assist in undertaking
preventative and protective measures. The competent persons(s) may
be an employee or a professional consultant.
The level of competence
required will be determined by a number of factors relating to the premises
to be assessed including the:
- Use
- Size
- Construction
- Occupancy
- Residual risk
For example:
In a small low/medium risk office on two floors with limited distance
of travel from the furthest point at first floor to the final exit
door at ground floor level and low occupancy with no significant risks
the employer may be considered competent to carry out the risk assessment.
For those with small, low/medium risk premises Firesure UK Ltd have
developed a ‘do it yourself’ risk assessment. This will provide
the ‘responsible person’ the appropriate documentation to
satisfy the Fire Safety Order 2005.
For further guidance and advice on this product please contact
us.
For other types of premises with a more significant risk such as sleeping
risks, high occupancy or high risk premises eg. hotels, residential and
nursing care, large function halls, high-rise office buildings and factories,
the ‘responsible person’ should consider seeking professional
advice from a ‘competent person’*.
*A competent person is someone who has sufficient training, experience,
knowledge and understanding of the principles of fire, fire safety standards, related guidance and regulations.
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Review/Audit
Any risk assessment should be reviewed if it is no longer valid or there
are any significant changes made. In addition any risk assessment should
be periodically audited and the general consensus is that this should
be carried out annually.
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Local fire authorities will enforce the regulation through
inspection The general approach to inspection has changed, the inspecting
officer
will now sample rather than fully inspect the fire safety arrangements.
This reflects the shift in responsibility for setting standards under
the regulations from the fire authority to the *responsible person.
Authorities will have the power to issue notices of deficiencies, enforcement,
restriction
or prohibition, and if necessary take legal action.
To give further
advice on risk assessment 11 guidance documents have been produced,
which can be purchased or downloaded free from
link:
http://www.communities.gov.uk/index.asp?id=1162101
If you are unsure
or need assistance talk to us today and see how we can help you to
meet your obligation contact us.
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