Paper by Frazer Argyros-Farrell BSc(Hons) Fire Science, AIFireE, MIFSM is a Senior Risk Consultant with Marsh UK.
Frazer Argyros-Frarrell presented at the December 2006 meeting of the AGSC and this paper covers the content of the presentation For more information contact: Frazer.Argyros-Farrell@marsh.com
There were previously over 80 different pieces of legislation relating to fire safety which made it difficult to understand which legislation applies. There was also duplication where both the Fire Precautions Act 1971 and the Fire Precautions (Workplace) Regulations 1997 (amended 1999) applied at the same time.
On the 1October 2006 the Regulatory Reform (Fire Safety) Order 2005 (RRO) used the powers of the Regulatory Reform Act 2001 and repealed and amended numerous pieces of legislation, both primary and secondary.
As part of the Government's commitment to reduce death, injury and damage caused by fire, the Office of the Deputy Prime Minister (ODPM) – nowthe Department of Communities and Local Government (DCLG) – used the Act to make changes to fire safety law by implementing the RRO. The Order (Statutory Instrument 2005 Number 1541), was signed by Jim Fitzpatrick, Parliamentary Under-Secretary of State, ODPM, on the 7 June 2005 and came into force the next day - its main provisions comeinto force on 1 October 2006.
THE ORDER
The Order comprises five parts:
- Part 1 General
- Part 2 Fire Safety Duties
- Part 3 Enforcement
- Part 4 Offences & Appeals
- Part 5 Miscellaneous
In addition, it contains five schedules:
- Schedule 1 Risk Assessment for Dangerous Substances, Young Persons, Principles of Prevention, and Measures to be taken for Dangerous Substances.
- Schedule 2 Amendments to Primary Legislation.
- Schedule 3 Amendments to Subordinate Legislation.
- Schedule 4 Repeals.
- Schedule 5 Revocations.
The Order, also contains 52 Articles/Regulations which sets its requirements.
REVOCATIONS AND REPEALS
The Order revoked many regulations. Additionally, it repealed many acts, as well as amending other regulations and Acts. It is generally acknowledged that there is a lack of awareness that the Order completely revoked the Fire Precautions (Workplace) Regulations 1997 (amended 1999). In addition, the RRO repealed the Fire Precautions Act 1971 and revoked the Special Premises Regulations, resulting in an end to ‘fire certification’ of buildings, and prescriptive fire safety legislation.
THE RESPONSIBLE PERSON
Within Health and Safety legislation there has always been a nominated ‘ responsible person’, this has now moved into fire safety. In order to comply with the RRO a ‘responsible person’ must be identified. The responsible person is defined as either of the following:
1. The employer (in a workplace)
2. The person who has control of the premises
- whether occupier or otherwise
- If in connection with a trade or business whether for profit, or not
3. The owner
– the person who collects the ‘rack rent’1 and who has no connection with the business or trade being carried out within the premises
The responsible person must make a ‘suitable and sufficient’ fire risk assessment that identifies the general fire precautions necessary to protect all ‘relevant persons’ [2] including, consideration of any dangerous substances in the workplace.
Additionally, the fire risk assessment is intended to be a living document and must be reviewed in instances where significant changes have taken place, such as new work processes, extensions or conversions to parts of the premises.
The Order specifies that provisions must be made for fire prevention, however, best practice has always been to include fire prevention measures in the fire risk assessment. It is, however, the first time fire prevention has been made a legal requirement.
As with the Fire Precautions Act 1997 (amended 1999), if there are five persons or more are employed in the workplace, the fire risk assessment must be recorded. There are other situations where recording the fire risk assessment is a requirement such as if the premises is licensed under other legislation or, if an alterations notice has made the recording a requirement.
GENERAL FIRE PRECAUTIONS
The ‘general fire precautions’ as defined in article 4 of the order, and includes a number of measures to:
- Reduce the fire risk and the risk of fire spreading within the premises
- Ensure means of escape from the premises
- Provide a means of escape
- Provide provisions for fighting a fire
- Detect and give warning in case of fire
- Include staff training
- Mitigate the effects of fire
When the responsible person implements preventative and protective measures, they should use the ‘principles of fire prevention’ specified in schedule 1 of the order. This includes:
- Avoiding risks
- Evaluating risks which are unavoidable
- Combating the risk at its source
- Adapting to technical progress
- Replacing a dangerous scenario with a none or, less dangerous approach
- Developing a fire prevention policy which addresses all the factors of the work environment
- Prioritising collective fire protective measures over individual ones
- Providing appropriate instructions to employees
APPLICATION OF THE ORDER
The order applies to all ‘premises’ and includes, in particular:
‘any workplace; any vehicle, vessel, aircraft or hovercraft; any installation on land (including the foreshore and other land intermittently covered by water), and any other installation (whether floating, or resting on the seabed or the subsoil thereof, or resting on other land covered with water or the subsoil thereof); and any tent or movable structure’.
Although domestic premises are not covered by this order, the enforcing authority has the power to serve a prohibition notice to multiple occupancy dwellings.
Other premises exempted from the RRO include:
- An offshore installation
- A ship under the direction of the master
- Agricultural or forestry undertaking not inside a building
- Aircraft
- Locomotives or rolling stock
- Trailer or semi-trailer used as a means of transport
- A mine other than any building on the surface at a mine
- A borehole site
ENFORCEMENT
The enforcing authority will be the local fire and rescue authority. However, other enforcing authorities are more appropriate such as the Health and Safety Executive in relation to nuclear installations, ships undergoing construction or repair, and construction sites.
The enforcing authorities may appoint inspectors to facilitate enforcement of the order. These inspectors may do a number of things including:
- Enter and inspect premises for the purpose of carrying out the order
- Make enquiries to check on compliance or to identify the responsible person
- Require the production records and to inspect them
- Require the responsible person (or another with relevant responsibilities) to assist the inspector
- Take samples to ascertain fire resistance or flammability
- Have an article dismantled or subjected to test if a danger to relevant persons
NOTICES
The inspecting officer may issue one of the following notices if they deem it appropriate:
- Alterations Notice - If the enforcing authority believes that the premises, either may or may not (following an alteration) constitute a serious risk to the relevant persons
- Enforcement Notice - If the responsible person fails to comply with any of the provisions of the order
- Prohibition Notice - If it is suspected that there is a serious risk to relevant persons. This prohibits or restricts the use of the premises
The notice may also include directions on how to rectify the problems and offer several solutions to the problem areas. It should also be noted that the enforcing authority can withdraw any of these notices at any time.
OFFENCES
Ultimately an offence is committed by the responsible person (or other person) if they fail to comply with:
1. Articles 8 to 22 and 38 (fire safety duties – in relation to measures provided for the protection of firefighters) and one or more relevant persons are placed at risk of death or serious injury from fire
2. Any regulations made under this order and one or more relevant persons are placed at risk of death or serious injury from fire
3. An alterations or enforcement notice
4. Article 37 in relation to luminous tube signs
5. Any regulations made under this order and one or more relevant persons are placed at risk of death or serious injury from fire
6. A prohibition notice
7. The general duties of an employee and one or more relevant persons are placed at risk of death or serious injury from fire
It is also an offence for any person to:-
1. Make a false entry in a record
2. Knowingly give false information
3. Intentionally obstruct an inspector
4. Fail to assist an inspector
5. Pretend to be an inspector
6. Charge an employee for a fire safety related matter
CONCLUSION
The Order has removed the prescriptive approach to fire safety and introduced a risk-assessed approach, placing the emphasis on the responsible person to ensure compliance. But, it is only once cases go to court that lessons will be learned and information will be disseminated, and then hopefully the responsible persons will be more inclined to ensure the order is complied with, therefore increasing standards of fire safety.
[1]1Rack Rent: In relation to premises, rack rent is a rent that is not less than two-thirds of the rent at which the property might reasonably be expected to be let from year to year, free from all usual tenant’s rates and taxes, and deducting from it the probable average cost of the repairs, insurance and other expenses (if any) necessary to maintain the property in a state to command such rent
[2] Relevant persons are defined in the order as anyone who is, or, may be lawfully on the premises, or in the vicinity of them.