The LWF Blog

Fire Safety for Facilities Management Personnel – Regulatory Reform (Fire Safety) Order 2005 – Part 37

March 16, 2020 2:37 pm

Lawrence Webster Forrest (LWF) is a specialist fire engineering and fire risk management consultancy whose aim is to give information on best practice in fire safety for facilities management personnel through this blog series. In part 36, LWF considered what an alternation notice might contain, which would be issued following an inspection by the enforcing authority. In Part 37, we continue looking at the potential contents of an alteration notice.

Enforcement Authorities (EA) may inspect premises as per the requirements given in the Regulatory Reform (Fire Safety) Order 2005.

The Enforcement notice may include details of measures which should be taken and which the EA consider are necessary to remedy any areas of failure. The suggested remedies may give a choice of ways that the failure can be corrected. The EA has the ability to withdraw or extend the period of notice.

Directions given by the EA which would oblige alterations to be made to premises are often discussed with other relevant bodies prior to the notice being served. The local authority building control, the EA for Health and Safety at Work, etc?. Act and any other person whose consent to the alterations is necessary will be required.

Where building works are required, for instance, the EA would have already notified the building control authority to ensure they will satisfy the requirements of building regulations.

In cases where the EA is opined that serious risks to relevant persons exists from use of the premises, they may issue a prohibition notice. The notice will contain details of the area of substantial risk to persons and will direct that part or all of the premises is prohibited or restricted until the matters specified have been remedied.

Upon occasion, where the situation is serious enough, the notice can be issued to take immediate effect, or where the risk is imminent, the work can be scheduled to take place at a specified period. As in the case of the enforcement notice, the directions may give a choice of suitable remedies and alterations will have been discussed with the relevant bodies. It may be that in satisfying the requirements given in a prohibition notice, there remains other areas needing attention to fully satisfy the requirements of the Order.

While an appeal against a prohibition notice can be lodged, the appeal does not suspend the terms of the notice and it would be an offence to contravene its terms unless it is lifted or amended by the enforcing authority or the courts.

In part 38, LWF will look at the types of main offence under the Order. In the meantime, if you have any queries about your own facilities or wish to discuss this blog series, please contact LWF on freephone 0800 410 1130.

Lawrence Webster Forrest is a fire engineering consultancy based in Surrey with over 25 years’ experience, which provides a wide range of consultancy services to professionals involved in the design, development and construction and operation of buildings.

While care has been taken to ensure that information contained in LWF’s publications is true and correct at the time of publication, changes in circumstances after the time of publication may impact on the accuracy of this information.