Regulatory Reform |
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Regulatory Reform (Fire Safety) Order 2005What is the new law? The new Fire Safety Order is made under the more general Regulatory Reform Order (RRO) that enables the Government to change and simplify current legislation without the need to pass through all of the normal stages of creating new law and repealing existing. There are restrictions in the application of this Order, and indeed concerns were raised during the period leading to the present time (one of the reasons for delay in application) that the sweeping measures proposed by the new law made the RRO an inappropriate vehicle for the much needed changes. This objection was overcome however and we now have after much consultation, referral and discussion the new Regulatory Reform (Fire Safety) Order 2005 (RR(FS)O). What will the RR(FS)O require? The previous requirement to apply for and maintain the conditions of a fire certificate under the Fire Precautions Act 1971 has ceased. Similarly many other pieces of prescriptive law have disappeared in full or in part. The requirement for employers to assure the safety of staff under the Fire Precautions (Workplace) Regulation 1997 as amended 1999 has also ceased. However the principles of the new RR(FS)O are based on those of the ‘Workplace’ legislation. That base principle being the requirement for fire risk assessment and self-administration of fire safety standards. The new law now extends the current ‘Workplace’ requirement from the employer in a place of work to just about all buildings (other than individual residences and some other minor exceptions). The definition of accountability is changed from the ‘employer’ to the ‘responsible person’. The ‘responsible person’ can be defined as an individual and organisation that has control over the premises and whereas before some ambiguity may have existed in terms of liability, particularly in multiple use buildings, the new law makes responsibility clear in this respect and more generally. A further significant change relating to the workplace is that under the ‘Workplace Regulations’ the liability extended to employees with other occupant safety covered in more general duty of care responsibilities of the Health and Safety Regulations. The RR(FS)O now extends the responsibility of the ‘responsible person’ to all occupants of the premises and beyond particularly where the premises or their surround is under the control of the ‘responsible person’. Also, there is a duty to co-ordinate and co-operate with others that may be affected by the building or its process. An example may be the case of the multiple occupancy premises where a Landlord has control of the common parts of the building and tenants their own demises. What is unchanged however is the need for a fire risk assessment that will now cover these extended responsibilities. As no other form of fire safety record and management will exist, it is obvious that the fire risk assessment process needs to be robust; it needs to be appropriate to the level of risk and the dynamics of the building use and occupancy. Those with premises control who may be defined as the ‘responsible person’ should ensure their own personal liability by defining good policy and procedures that identify and devolve responsibilities down to those who create and manage risk at the ‘shop floor’. He or she should ensure that those with devolved responsibility (including themselves) are competent to accept those responsibilities and that all measures for fire safety are recorded and auditable. In short, should the worst happen, the systems put in place to record the management of fire safety, including the fire risk assessment process will be the only defence and means to prove unfortunate accident rather than negligence. Fire risk assessment remains the central tool by which the ‘responsible person’ can control fire safety. A question that must occur to all managers or individuals who realise that they have a responsibility is, “what is a fire risk assessment, what does it consist of, what level of detail is required and what expertise do I or others need to undertake a competent assessment?” The Government has recognised this dilemma and produced a series of guideline publications to support those with responsibilities. Purists amongst the professional fire safety fraternity might argue that the more guidance that is given, the more we lean back towards prescriptive compliance rather that risk assessment. However, it is fair to say that fire risk assessment even if guided by set standards is an improvement on the fire certification system we previously had which tends to apply to the premises rather than its occupancy and that generally ignores the dynamics and change potential of the occupier as the certificate remains a static document. The ODPM issued in Oct 2006 a series of guideline documents for main risk group occupancies. These are; offices and shops, factories, hotels and boarding houses, schools and colleges, places of assembly, outdoor events, hospitals, theatres and cinemas and transport. The form of the guidance documents will be in two parts: a guide to undertaking a fire risk assessment considering the ‘five step’ process, the second will set out criteria for risk identification and safe limits. Returning to the question raised earlier – am I competent to undertake the assessment? This must be dependent on the type and size, form and distribution of the building and occupancy and the operation carried out within the premises. Training courses in fire risk assessment are widely available and transfer basic skills necessary to undertake simple risk assessments. For more complex risks the potential to get professional assistance, at least in setting the system up is an option. What must not be forgotten is that the intention of the European Health and Safety Directives from which current risk based approaches and the new legislation is intended to respond, is attempting to engender a ‘safety culture’ within organisations. To fully abdicate the process to an external consultant is not necessarily achieving this aim. Our view of fire risk assessment consultancy is based on the concept of assisting the client organisation to set up an appropriate fire risk assessment system, help in identifying where and what the principal risks are and then transferring skills to the individuals with the devolved responsibility to maintain the system themselves. Enforcement No change here. The responsibility for enforcing the new Order will remain with the local Fire Authority. The Government will place pressure on the Brigades to reduce fatalities and fire damage and at the current time a major drive is underway to improve fire safety for those sleeping in or around their place of work and those sleeping and living in multiple occupancy dwellings. It is a sad fact that the vast majority of deaths from fire each year occur in the home or place of residence. Penalties The Fire Authorities will have the power to ensure that the ‘responsible person’ has taken appropriate steps to ensure the safety of building occupants. If not and if measures are not taken to the satisfaction of the Authority it can penalise through the courts either financially or by imprisonment. Offences could include; no fire risk assessment, inadequate fire precautions and providing false information. Summary o The RR(FS)O is here (Oct 06) o Most existing fire safety management law is repealed. o The ‘responsible person’ has the responsibility to comply with the law and is the individual who has control over premises. o Fire risk assessments are the main tool to measure and control fire risk. o Fire safety management systems need to be robust, the fire risk assessment process is just part of a safety management system. o All buildings (with the exception of single dwellings and some other minor exceptions) will fall under the RR(FS)O. o Responsibilities extend beyond staff to all building occupants and those in the immediate area. o The Government has issued guidance on fire risk management. o There is individual liability for failings under the Order with financial and imprisonment penalties.
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