News
December 21, 2005
Changes to fire safety legislation
Peter Barker, Engineer with Chiltern International Fire, discusses the impact changes to fire regulations.
The Regulatory Reform (Fire Safety) Order 20051 (RRFSO) is now due to come into effect on 1 October 2006, slipping back from 1 April 2006. It will greatly change the current fire safety philosophy for England and Wales.
This article will attempt to explain the current situation on fire legislation in the UK, the requirements of the forthcoming RRFSO and what help is available.
The two main pieces of fire legislation for businesses that currently operate in the UK are:
- The Fire Precautions Act 1971 and;
- The Fire Precautions (Workplace) Regulations 1997
(amended 1999)3
Under the Fire Precautions (Workplace) Regulations 1997 (amended 1999)3 a fire risk assessment should have been conducted for any premises with five or more employees, including those with a Fire Certificate issued by the local Fire Authority under the Fire Precautions Act 1971.
It has been recognised, however, that there have been massive shortcomings in this approach, with Government sources indicating that over half the certified properties under the Fire Precautions Act 19714 have still not undertaken a fire risk assessment, or are still unaware that one is required. The two main reasons for this are possibly:
- Managers are still relying on their fire certificates for the buildings fire safety procedures and supplying them for insurance purposes. In other words, there has not been any recognised need by the management to carry out a risk assessment for the premises.
- The fact that The Fire Precautions (Workplace) Regulations 19975 slipped in quietly as a piece of legislation eight years ago meant that a lot of people were simply unaware of the requirements - and still are.
When the RRFSO comes into force on 1 October this year, this will no longer be the case for virtually all non-domestic properties and certainly those premises that fall under the broad umbrella of the leisure industry.
The RRFSO
The RRFSO has taken many years to develop and will attempt to consolidate more than 100 pieces of legislation addressing fire safety: some will be repealed, others amended by October 2006. The main revocations are the fire certificates issued under the Fire Precautions Act 19714 and The Fire Precautions (Workplace) Regulations 1997, as amended 19993 with the mandatory requirement for a fire risk assessment now under the RRFSO.
Bringing the legislation together under one act will clarify what is required of individual establishments and how that falls within the government's overall fire strategy.
The goals of the RRFSO will be achieved through mandatory fire risk assessments of premises and effective fire safety management strategies, with the onus being placed on a 'Responsible Person'. This will then form a part of the overall Integrated Risk Management Programme (IRMP) for the relevant Local Fire Authority (an IRMP is a statutory requirement of The Fire and Rescue Services Act 20042).
The key changes in the requirements of the RRFSO are centred on a transition from a prescriptive fire safety regime to a more dynamic, proactive approach, which is also integral to the government's new vision on fire safety and management.
Requirements of the RRFSO
The RRFSO requires that all premises must have:
- A responsible person - this is either the employer, occupier or owner of the building who must carry out a fire risk assessment, provide adequate 'general fire precautions', consider the safety of all relevant persons, record both the significant findings and the control measures taken and provide adequate training for staff.
- A competent person - this person must have "Sufficient training and experience or knowledge and other qualities to properly assist in undertaking the prevention and protection measures". This person will assist the responsible person to fulfil his/her duties (it is possible to have a competent responsible person). If there are not any suitable candidates for the role of competent person, then third party assistance is advised.
- A risk assessment for the premises.
Under the forthcoming RRFSO, therefore, Local Fire Authorities will no longer be responsible for providing Fire Certification of premises. Instead, they will solely inspect premises with respect to their fire risk assessments, ensuring that: they have been conducted by an appropriate responsible person; they are comprehensive and accurate; and that they are up to date
The requirements of the RRFSO can and will be enforced by relevant fire authorities and, if it is highlighted by the relevant authority that there has been a failure to comply, then the authority must enforce its relevant provisions as far as is reasonably practicable and serve an enforcement notice. Failure to heed the enforced provisions may lead to closure of the business and premises or prosecution and then ultimately fines and/or a custodial sentence for the responsible person.
Help and Guidance
To help with the change in fire safety legislation the Office of the Deputy Prime Minister (ODPM) has produced a series of 11 fire safety guides7, available from April 2006, covering all places and buildings that fall under the requirements of the RRFSO.
There will be a web-based service entitled 'e-fire' (www.e-fire.gov.uk8), a national project also funded by ODPM, which will provide online facilities for premises operators to help them to comply with their legal obligations under the RRFSO. There will also be a 'self assessment' tool within e-fire that will allow users to send their risk assessment to the Local Fire Authority for comment and appraisal. This is due to go 'live' in April 2006.
The Chief Fire Officers Association (CFOA) has also produced a short guide9 with the RRFSO in mind, designed to aid responsible persons in undertaking risk assessments and making sure their premises are safe from fire.
If further help is needed, then it may be necessary to employ the services of a third party, such as a fire consultant or organisation. It is worth noting, however, that it is not sufficient to commission a fire risk assessment and keep it on file - it will have to form part of an overall strategy for fire safety, which will be the task of the responsible person.
The ultimate aim of the RRFSO is to allow adaptable, risk based, fire safety management so that measures can be put in place to suit the building, its occupiers and users. By focusing on reducing risk, it follows that the occurrence of fire will be diminished, allowing a more efficient fire service. It is hoped that this approach will improve business continuity and community safety by allowing the fire service to continue focusing on fire prevention rather than fire intervention.
