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SCOPE AND STANDING OF DOCUMENTATION:
The Regulatory Reform (Fire Safety) Order 2005 is to come into force on the 1st April 2006.
With the exception of self employed people with no employees who work from their own home, all sectors of business, including the self-employed and the voluntary sector, will be covered by the new regime. It is important to note that the existing Fire Precautions (Workplace) Regulations already provide for a risk assessment based approach to fire safety in virtually all places where people are employed to work. Accordingly there is very little by way of new burdens.
Even in premises where people are not employed to work, under existing health and safety legislation there are already duties of care which require safety risks to be assessed, and this should include the assessment of risk from fire. So the operator of the premises should already be carrying out risk assessments which include fire risks. This mainly refers to:
· non-domestic premises used by self-employed people, and
· the voluntary sector where there are no employees (because all staff are volunteers).
The reform will apply to England and Wales; separate legislation will be made for Scotland.
PURPOSE OF DOCUMENTATION:
At present, there are two major pieces of specific fire safety legislation, the Fire Precautions Act 1971 and the Fire Precautions (Workplace) Regulations 1997, as amended. Both apply in England and Wales and Scotland.
Existing fire safety legislation has developed in a piecemeal fashion with the result being scattered over many pieces of legislation. At present many premises are subject to more than one piece of fire related legislation. In addition, a number of other regimes, some statutory, some not, encompass fire within their wider application.
The existence of different regimes, each with a very different focus, is confusing for all who have to deal with them. It impacts on compliance, because employers cannot easily understand what is required of them. It makes administration and enforcement unnecessarily complex, tying up resources which could be better used elsewhere.
The new Order will enhance equity and fairness by applying the same regime to all employers for the first time.
The purpose of the new order is to:-
· Create a single regime which can be netter understood and administered by both businesses and the relevant authorities
· To create a regime clearly based on risk assessment and fire prevention and mitigation measures
· To increase compliance
· To focus resources for fire prevention on those premises which present the greatest risk
· To ensure that fire safety facilities and equipment (including fire alarms) are well maintained.
These objectives will contribute to the overall aim of reducing avoidable fires, and consequently death, injury and loss of property.
RESPONSIBILITIES FOR ACTION:
Responsibility for complying with the Fire Safety Order rests with the 'responsible person'.
In a workplace, this is the employer and any other person who may have control of any part of the premises, for example, the occupier or owner. In all other premises the person or people in control of the premises will be responsible. If there is more than one responsible person in any type of premises, all must take all reasonable steps to work with each other.
PRIORITY RISK FOR THE BUSINESS:
The responsible person will be required to ensure that an assessment of the risk of, and from, fire is undertaken for the place and activity. Identified hazards should be removed or reduced so far as is reasonable and risks to persons avoided.
For any employer who employs five or more persons must record the significant findings of the assessment.
IMPLEMENTATION REQUIREMENTS:
The responsible person you must carry out a fire risk assessment which must focus on the safety in case of fire of all 'relevant persons'. It should pay particular attention to those at special risk, such as the disabled and those with special needs, and must include consideration of any dangerous substance likely to be on the premises.
The fire risk assessment will help identify risks that can be removed or reduced and to decide the nature and extent of the general fire precautions which may need to be taken to protect people against the fire risks that remain.
A clear demarcation should be drawn between "general" fire precautions as required under the Order and "special" precautions which are needed directly in connection with a process - and which fall to be considered as part of health and safety.
For any employer who employs five or more persons must record the significant findings of the assessment.
All precautions provided must be subject to maintenance and must be installed and maintained by a "competent person". The precautions to be maintained should include any provided for the use of the fire brigade in case of fire (e.g. fire-fighting shafts, accesspoints, fire-fighting riser mains).
All persons in and around a place should be protected from the risks that remain by provision of appropriate fire precautions, including (but not exclusively) means for detecting and warning of fire, means for fighting fire, and means of escape. Plans should be made for the actions to be taken in case of fire and staff should receive appropriate training.
Compiled by: Janet Perkin
Perry Scott Nash Associates Ltd
Date: 30 September 2005
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