MANAGING
FIRE SAFETY
Good
Practice
Guide
ISBN: 978-1-909761-20-9 Edition: Second Date: January 2016 BIFM
Number One Building The Causeway
MANAGING FIRE SAFETY
Introduction 2
1. Purpose of this guidance 3
2. Primary Legislation 4
2.1 Definitions 7
3. Responsibilities for compliance 9
4. Fire Risk Assessor 10
5. Evacuation of disabled people 12
6. Fire Risk Assessment 13
7. Enforcement 14
8. Summary of Responsibilities 15
9. Interaction with other legislation 17
10. Summary 19
11. The fire safety management policy 20
12. How to carry out a fire risk assessment 21
13. Fire safety training for staff 23
14. Fire Marshals 25
15. Fire Drills 26
16. Case Law 29
APPENDIX 1: Legislative Road Map 34
APPENDIX 2: Technical guidance 38
APPENDIX 3: Legal notices 40
APPENDIX 4: Generic Fire Safety Management Policy 42
APPENDIX 5: Fire Safety Checklist 46
Continuing your professional development (CPD) is all about keeping on the front foot in your career. Developments in facilities management come thick and fast through technological, legislative, environmental, economic and political changes so CPD is essential to stay informed and to help you reach your potential.
CONTENTS
© The Good Practice Guides series is published by the British Institute of Facilities Management (BIFM). The guides do not necessarily reflect the views of BIFM nor should such opinions be relied upon as statements of fact. All rights reserved. This publication may not be reproduced, transmitted or stored in any print or
Authors: Robert Greenfield MD of
Assured Safety and Risk Management Limited and Michael J W Morgan MD of Safety Action Services
Peer reviewer: Paul Szemerej, Director,
Firesafe (Fire Safety Management) Consultants Limited
INTRODUCTION
Fire Safety Management is of the utmost importance within an organisation as a majority of fires are preventable but when they do occur then the potential losses can result in a majority of organisations never recovering. It is therefore important to have an effective fire safety management system.
In the past a facilities manager had to be aware of over seventy separate pieces of legislation including the Fire Precautions Act 1971, the Fire Precautions (Workplace) Regulations 1997(amended 1999) and the Management of Health and Safety at Work Regulations 1999, to name but a few. In addition the facilities manager was also required to contend with the requirements of the fire certificate issued to the building, which required a basic standard of fire prevention and control and was inevitably monitored by the local issuing fire authority.
Things are somewhat more straight forward now with the Regulatory Reform (Fire Safety) Order 2005 which came into effect in October 2006 and replaced the seventy or so pieces of fire safety law and also the Fire Certificate which is now, in effect, replaced by having a suitable and sufficient Fire Risk Assessment for your premises. This guide also takes into account the separate legislation, which applies in Scotland and Northern Ireland.
1. PURPOSE OF THIS GUIDANCE
The purpose of this guide is to
summarise the fire safety legislation as well as the fire safety legislative responsibilities of the occupiers, employers, owners, managers and individuals in the workplace. It takes into account the Fire Safety
Legislation in England & Wales, Scotland and Northern Ireland which place responsibility on the employers, occupiers and owners of all buildings (other than premises consisting of or comprised in a single private dwelling), and in particular those responsible for the day-to-day management of the buildings. The legislation varies, but for simplicity the guide refers to the ‘legislation’ and, except where indicated, it applies in England, Wales, Scotland and Northern Ireland. During the ‘in use’ life of a building the prime legislative responsibility for ensuring and maintaining a fire-safe building in England and Wales is the ‘responsible person’, in Scotland, the ‘duty holder’ and in Northern Ireland, ‘the appropriate person’. (See definitions on page 7 and 8).
The majority of fires are
preventable.
For the purposes of this guidance we have referred to the person with this prime legislative responsibility throughout the document as the ‘responsible person’. (See definitions on page 7).
You will find guidance on the fire safety legislative processes and the legislative responsibilities that apply throughout the critical stages of a building’s lifecycle. However, this guide focuses on the legislation and responsibilities that relate to a building in use.
Please note that the legislation that applies in the Channel Islands (Fire Precautions (Jersey) Law 1977) and the Isle of Man (Fire Precautions Act 1975 & Fire Services Act 1984.) differs slightly to that detailed here however, much of this guidance will provide a firm basis for use in these dependencies.
2. PRIMARY LEGISLATION
The primary legislation is as follows: England & Wales –The Regulatory Reform (Fire Safety) Order 2005 applies to all non-domestic premises and includes the common parts of houses and blocks of apartments and flats, which are in multiple-occupation.The core duties remain the same but different legislation applies to Scotland and Northern Ireland as follows:
Scotland – The Fire Safety (Scotland) Regulations 2006 made under the Fire (Scotland) Act 2005 which came into effect on 1st October 2006;
Northern Ireland – The Fire and Rescue Services (Northern Ireland) Order 2006 and the Fire Safety Regulations (Northern Ireland) 2010 which came into effect on 15th November 2010.
If you are a building owner, landlord or occupier of a building or some other non-domestic premises then you will be responsible under the legislation for fire safety and will in effect be the ‘responsible person’. In practice this duty is most likely to form part of the remit of the facilities or health and safety manager.
The Regulatory Reform (Fire Safety) Order 2005, Fire (Scotland) Act 2005 and The Fire Safety (Scotland) regulations 2006 replaced most previous fire safety legislation on 1 October 2006. Any ‘fire certificate’ issued under previous legislation ceased to have any effect from that date. Similarly, risk assessments carried out prior to this date would need to be reviewed for suitability.
Similarly in Northern Ireland the Fire Safety Regulations (Northern Ireland) 2010 came into effect on 15th November 2010 and as a result any ‘fire certificate’ issued, or fire risk assessment completed, under previous legislation, will cease to have effect from the date these regulations come into effect.
In premises owned or occupied by the Crown (including those partly occupied by the Crown) the enforcement of the legislation will be the responsibility of one of a number of Crown Bodies (depending on the nature of the premises and the legislation that applies). Where appropriate facilities managers should seek to work with the government occupiers as per the guidance in this document.
In order to be fully compliant with current fire safety legislation the ‘responsible person’ is required to ensure that there is a robust fire safety management system in place within their building.
Definition
As explained earlier the Responsible Person will be one of the following persons/ positions and should be formally appointed so as to be able to understand their responsibilities:
> the employer
> occupiers and owners of all buildings (other than domestic premises)
> those responsible for the day-to-day management of the buildings
This requirement is implied within Article 8 of the Regulatory Reform (Fire Safety) Order 2005, where the responsible person must:
> take such general fire precautions as will ensure, so far as is reasonably practicable, the safety of any of his employees; and
> in relation to relevant persons who are not his employees, take such general fire precautions as may reasonably be required in the circumstances of the case to ensure that the premises are safe
In order to comply with the above absolute requirement the ‘responsible person’ should ensure that the following are in place:
> Fire Safety Policy or Fire Strategy – to demonstrate how the organisation will prevent fire and manage fire safety
> Fire Risk Assessment – to demonstrate that the organisation has identified all of the hazards present and persons that may be affected and has sufficient controls in situ to reduce the fire safety risks
> Maintenance scheme – to ensure that assets within the building are maintained in accordance with statutory requirements and also as part of the fire precautions policy of the organisation
A fire safety policy is key to
fire safety management
and prevention.
It is important to distinguish between the separate requirements here to ensure the safety of not only employees but also that the premises are safe for relevant persons, which demonstrates the level of control that the ‘responsible person’ will have over employees of their organisation. However this will not be the same for a
non-employee and therefore the premises must be safe for all persons to use.
In addition Article 11 of the Regulatory Reform (Fire Safety) Order 2005 calls for fire safety arrangements to be in place where the ‘responsible person’ must:
> Make and give effect to such arrangements as are appropriate, having regard to the size of his undertaking and the nature of its activities, for the effective planning, organisation, control , monitoring and review of the preventative and protective measure; and
> Record the arrangements referred to above where –
> Five or more employees are engaged
> A licence under an enactment is in force in relation to the premises; or
> An alterations notice requiring a record to be made of those arrangements is in force in relation to the premises
In effect for the facilities manager who may well take on the role of the ‘responsible person’ the quality and depth of the fire safety arrangements for any given premises will vary drastically in accordance with the very nature and activities of the premises. However, management should be able to demonstrate that they have a policy for the general running of their business, that demonstrates that fire safety is an important consideration and that they have preventative and protective measures in place.
Definitions
ENGLAND & WALES
SCOTLAND
Definitions
The Regulatory Reform (Fire Safety) Order 2005
> Meaning of “responsible person” 3. In this Order “responsible person” means— (a) in relation to a workplace, the employer, if the workplace is to any extent under his control;
(b) in relation to any premises not falling within paragraph (a)—
(i) the person who has control of the premises (as occupier or otherwise) in connection with the carrying on by him of a trade, business or other undertaking (for profit or not); or (ii) the owner, where the person in control of the premises does not have control in connection with the carrying on by that person of a trade, business or other undertaking.
> Relevant Person
Throughout the legislation reference is made to a ‘relevant person’. A relevant person is any person (including the ‘responsible person’) who is, or may be, lawfully on the premises; and any person in the immediate vicinity of the premises who is at risk from a fire on the premises.
While this definition does not include firefighters engaged in fire fighting it does add a significant liability for the ‘responsible person’ beyond the normal building environment.
Fire (Scotland) Act 2005 and the associated Fire Safety (Scotland) Regulations 2006
> Duty Holder
In a workplace, this could be the employer as well as any other person who may have control to any extent of any part of the premises, for example, the occupier or owner. Employees have a duty to cooperate with employers to ensure the safety of others from fire.
If you are the Duty Holder, you must carry out a fire risk assessment of the premises, which must focus on the safety of all ‘relevant persons’ in case of fire.
Your fire risk assessment will help you identify risks that can be removed or reduced and to decide the nature and extent of the general fire precautions you need to take to protect people against the fire risks that remain. If you employ five or more people, you must record the significant findings of your risk assessment. A management commitment to fire safety is essential to assist with achieving suitable fire safety standards in premises and to maintain a staff culture of fire safety.
It is a management responsibility to have both an emergency fire action plan and arrangements to implement the plan. A written emergency fire action plan should be kept on the premises, be available to and known by staff, and form the basis of the training and instruction, which is provided to all staff. This plan should be available for inspection by the enforcing authority.
Definitions
NORTHERN IRELAND
COMPETENCY
Definitions
The Fire & Rescue Services (Northern Ireland) Order 2006 and The Fire Safety Regulations (Northern Ireland) 2010
> Appropriate Person
As an appropriate person with control over non-domestic, industrial, commercial, leisure, educational or healthcare premises the legislation requires you to take responsibility for ensuring that your premises reach the required fire safety standard.
The appropriate person must take reasonable steps to:
> Reduce the risk from fire
> Ensure people are able to escape safely if there is a fire
Main requirements:
> Carry out a fire risk assessment for the premises over which you have control
> Identify the fire hazards and risks associated with the premises, materials/substances, activities etc
> Identify the people, or groups of people at risk and anyone who may be especially at risk
> Remove and reduce the risks as far as reasonably possible
> Put in place general fire precautions to deal with any remaining risks
> Implement additional preventative and protective measures if flammable or explosive substances are used or stored on the premises
> Develop and implement appropriate emergency procedures in the event of fire
> If you have five or more employees, or require a licence or registration, you must record the significant findings of the risk assessment and any actions you have taken to remove/reduce the risk
> Review the risk assessment periodically or after significant changes in the matters to which it relates
The Regulatory Reform (Fire Safety) Order 2005 defines competency as being a person who has sufficient training and experience or knowledge and other qualities to enable them to carry out the task at hand.
Further information on competency is included in section 4 on page 10 and 11 “Fire Risk Assessor”.
The key focus for compliance is that Article 9 (1) of the Regulatory Reform (Fire Safety) Order 2005 places responsibility for compliance with the fire safety legislation on the ‘responsible person’ and in England and Wales this person must make a suitable and sufficient assessment of the risks to which relevant persons are exposed. In Scotland this task falls to a ‘duty holder’ and in Northern Ireland ‘the appropriate person’ but although the title of the role is different the core duties imposed on each are the same. For the purposes of this guidance we always refer to this role as the ‘responsible person’.
The emphasis here in all cases is for risk reduction and fire prevention and hence the need for the ‘responsible person’ who must undertake a number of duties related to fire safety including the following:
> Appoint a competent person to carry out a fire risk assessment of their premises and to identify and action all of the findings as a result of the fire risk assessment to ensure that so far as is reasonably practicable, that ALL
persons on the premises or nearby can escape safely in the event of a fire
> Inform staff or their representatives about the risks identified
> Implement and maintain fire preventative measures
> Maintain fire safety management
> Consider who may be particularly at risk such as disabled persons or those working with hazardous chemicals
> Have a fire management plan that deals with all contingencies including evacuation
> Provide fire safety training
> Ensure that the findings are recorded if more than five persons are employed
> Complete regular reviews
In shared multi occupancy premises there is likely to be more than one ‘responsible person’ and in such cases it is important that all occupiers coordinate their fire safety plans.
Legislative Road Map
The two major stages in a building’s life in terms of fire safety are Building Construction and Building In Use and are detailed within the Legislative Road Map shown in Appendix 1 on pages 34 to 37.
Losses resulting from fire within an organisation are invariably extremely costly and in the case of the total loss of a building, this can lead to the organisation never recovering and therefore fire risk management is becoming ever more important.
Within a more complex or high risk environment, a stand-alone fire risk assessment may be ineffective, unless the organisation takes a holistic approach to fire risk management and embeds this into the organisational policies and overall management system. This ensures that there is an effective system to close out any actions as a result of the Fire Risk Assessment. It is also important that fire risk management is commensurate with the level of risk based upon the premises and the organisations work activities and processes.
It follows that the Fire Risk Assessor should be competent in terms of their education, skills, training and experience of the work and that they should hold membership of a professional association. It would also be desirable for them to hold some form of third party accreditation.
The Fire Risk Assessor should have in depth knowledge of the following elements of fire safety:
> Assessment of risk posed by fire
> Applicable Legislation
> Building Construction
> Suitable guidance
> Behaviour of fire in premises
> Fire effect on persons
> Behaviour of persons in a fire situation
> Means of escape
> Fire prevention and protection
> Fire Safety Management
> Protective and preventative fire safety systems
4. FIRE RISK ASSESSOR
Fire Risk management must
be commensurate with the
level of risk within your
premises.
In addition, it is essential that any specialist contractors appointed to carry out any work associated with the fire risk management process, have been evaluated and are competent to carry out the task for which they are being engaged. This could include work for example on the fire alarm system, dry/wet riser, fire pumps, fire suppression systems, sprinkler systems, fire pumps, fire extinguishers.
The Fire Risk Management Competency Council has published guidance, for organisations and responsible persons, on how to choose a fire risk assessor if their own knowledge and experience is insufficient to carry out this task. A major trigger for enforcement notices being issued is the lack of a suitable and sufficient fire risk assessment being available.
The Fire Risk Assessor
should be competent in
terms of their education,
skills and experience.
For further information regarding Fire Risk Assessor competency please visit the following organisations:
Institution of Fire Engineers (IFE) – ife.org.uk
Fire Risk Management Competency Council – www.fia.uk.com
Fire Sector Federation
– www.firesectorfederation.co.uk
The British Fire Consortium
– www.britishfireconsortium.co.uk
London Fire Brigade – www.london-fire.gov.uk
In addition the British Standards Institute (BSI) has published PAS 7: 2013 which is a formal system for Fire Risk Management which is designed to integrate with BS 9999 the code of practice for the design, management and use of buildings and also OHSAS 18001 the Health and Safety management system.
Although much thought is often given, by the facility manager, to the provision of enabling disabled people to enter a building and use the facilities within. It is common to find that far less attention is given to their needs in an evacuation.
This is an important element of Fire Safety to consider and one which is covered in detail within the BIFM Inclusive Access, Disability and the Equality Act Good Practice Guide which may be found at the following link:
www.bifm.org.uk/goodpracticeguides
In Northern Ireland please also refer to the document ‘Means of Escape for Disabled People (Supplementary Guide.)’, which may be downloaded from the Communities and Local Government section at the following location:
www.nifrs.org/firesafe/guidance.php
5. EVACUATION OF DISABLED PEOPLE
Ensure attention is given
to the needs of disabled
people in the event of an
evacuation.
The fire risk assessment process is the primary mechanism for identifying fire hazards – ensuring appropriate preventative and protective measures have been put in place, and the subsequent maintenance and review of fire safety. A fire risk assessment must have been completed from the moment a premises was occupied (even if only partly). If five or more people are employed; if the premises are licensed; or if an ‘alterations notice’ is in force (see Enforcement, below), the significant findings of the assessment and any group of persons identified as being especially at risk, must be recorded. The fire risk assessment must be a ‘dynamic document’, kept up to date and always relevant to the premises and the circumstances concerned.
The fire risk assessment will help the ‘responsible person’ identify risks that can be removed or reduced and to decide the nature and extent of the general fire precautions that need to be taken to protect people against the fire risks that remain.
In particular, the risk assessment 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 it must include consideration of any dangerous substance, or process, liable to be on the premises.
Even if a fire certificate was previously issued in respect of the premises; or if a fire risk assessment was completed under the ‘Workplace Regulations’; or the premises were built to recent ‘Building Regulations’; the ‘responsible person’ will still need to ensure that a fire risk assessment, covering all the issues specified in the legislation and any other fire-related risks, is completed by a competent person. See How to carry out a fire risk assessment, pages 21 to 22.
6. FIRE RISK ASSESSMENTS
The fire risk assessment
must be a dynamic
document and always
kept up to date.
In most premises the Fire & Rescue Authority (the fire & rescue service) will enforce the legislation.
They will have the power to inspect the premises to check that the ‘responsible person’ is complying with their duties under the legislation and they will look for evidence that the ‘responsible person’ has carried out a suitable fire risk assessment and acted on the significant findings of it. If, as is likely, the outcome is required to be recorded they will expect to see a copy. There are three types of notice (see Appendix 3 for more details): (a) alterations (b) enforcement, and (c) prohibition. The enforcing authority will usually serve notices on the ‘responsible person’ (In Scotland, alteration and enforcement notices are served on the duty holder/’responsible person’, but a prohibition notice is served on the occupier) as the first stage of any enforcement process.
7. ENFORCEMENT
A. Alterations notice
If the premises are considered by the enforcing authority to constitute a serious risk or will if a change is made, they may issue an alterations notice.
B. Enforcement notice
If the enforcing authority believes the ‘responsible person’ has failed to comply with any provision of the legislation, they may issue an enforcement notice.
C. Prohibition notice
If the enforcing authority is of the opinion that use of premises involves or will involve, a risk to life so serious that use of the premises ought to be prohibited or restricted, they may issue a prohibition notice.
Failure to comply with any duty imposed by the legislation (if that failure places one or more relevant persons at risk), or to comply with any notice issued by the enforcing authority, is an offence. The ‘responsible person’ has a right of appeal to a magistrates’ court, sheriff court or county court against any notice issue.
In the case of a prohibition notice the ‘responsible person’ must still comply with the requirements of the notice until the appeal has been heard.
In addition, where the ‘responsible person’ agrees that there is a need for improvements to the fire precautions but disagrees with the enforcing authority on the technical solution (eg, the type of fire alarm system needed) they may agree to refer this for independent determination – the enforcing authority will provide details of the necessary process.
From the information provided it is quite possible that the facilities manager will be determined to be a ‘responsible person’, and quite possibly a competent person, under the terms of the legislation. The exact nature and extent of the responsibilities of the ‘responsible person’ or competent person will vary. However, if you are a ‘responsible person’ you will be responsible for ensuring that appropriate fire safety measures are in place. These include the following:
> You must ensure that from the moment a premises is occupied (even if partly) a fire risk assessment is completed by a competent person. Even unoccupied premises may require an assessment because a fire could still have an effect on relevant persons in the vicinity or on visiting engineers, for example, carrying out basic periodic wind and weather type maintenance checks.
> If five or more people are employed, if the premises are licensed or subject to registration or if an alterations notice is in force (see Enforcement, page 40), you must record the significant findings of the assessment. You must also record those persons considered especially at risk.
> You must ensure that the fire risk assessment is a dynamic document, kept up-to-date and relevant to the premises and circumstances concerned and regularly monitored.
> You must provide the employees with easy to understand, relevant information on the risks identified by the fire risk assessment; about the measures taken to prevent fires; and how they will be protected if fire breaks out.
> You must consult the employees (or their elected representatives) about nominating people to carry out particular roles in connection with fire safety and about proposals for improving fire precautions.
> Before employing a Young Person (Between MSLA and 18), you must provide a parent or guardian with easy to understand and relevant information on the risks to that
> You must inform non-employees, such as temporary or contract workers, of the relevant risks to them, and provide them with information about who are the nominated competent persons, and about fire safety procedures for the premises.
> You must co-operate with other responsible persons who also have premises in the building, and inform them of any significant risks, and reduce/control those risks that might affect the safety of their employees.
> You must provide the employer of any person from an outside organisation who is working in the premises (e.g., an agency providing temporary staff) with easy to understand and relevant information on the risks to those employees and the preventive and protective measures taken. They must also provide those employees with appropriate instructions and relevant information about the risks to them.
> If you are not the employer but have any control of premises which contain more than one workplace, you must ensure that the requirements of the Fire Safety Order are complied with in those parts over which you have control.
> You must consider the presence of any dangerous substances and the risk this presents to relevant persons from fire.
> You must establish a suitable means of contacting the emergency services and provide them with any relevant information about dangerous substances.
> Appropriate means of escape should be provided.
> Where necessary you must provide the premises with appropriate means of warning and fire fighting equipment.
> You must provide appropriate information, instruction and training, during working hours to the employees, about the fire precautions in the workplace, when (a) they start working in the workplace, and (b) from time to time throughout the period they work in the workplace.
> Where necessary you must ensure that the premises and any equipment provided in connection with firefighting, fire detection and warning, or emergency routes and exits, are covered by a suitable system of maintenance and are maintained in an efficient state, in efficient working order and in good repair.
> Employees must co-operate with you to ensure the workplace is safe from fire and its effects, and must not do anything that knowingly will place themselves or other people at risk.
Ensure co-operation with
other responsible persons
in multi-tenanted buildings
and sites.
Building Regulation approval
Normally, those involved in designing and approving buildings under Building Regulations can reasonably anticipate the majority of physical and management fire safety issues that will affect a building in use.
However, the legislation is intended to reflect the risk(s) presented by the building in use. They therefore need to be dynamic, not constrained by any assumptions or previous approvals (especially where buildings have been built on a speculative basis), and take into account a range of physical and non-physical factors. The legislation covering building design and construction, and the fire safety of buildings in use, are independent of one another.
Another factor to take into account is that neither element of legislation has primacy over the other, and that there are two interactions with other legislation with different enforcement bodies for the two elements of legislation. It is therefore important to recognise that approval under the Building Regulation process, for either new or materially altered buildings, does not necessarily result in approval under the fire legislation.
To help those responsible for designing, approving or managing the development of new or altered buildings, (Department of Communities and Local Government (DCLG) has published a document: Building Regulations and Fire Safety Procedural Guidance (ISBN 978-1-85946-290-4). It explains the steps involved in approving the fire safety aspects of building work and the interaction between building regulation requirements and other statutory fire safety requirements in England and Wales.
9. INTERACTION WITH OTHER LEGISLATION
The legislation covering
building design and
construction and the fire
safety of buildings in use are
independent of one another.
If the advice is followed it should help ensure (as far as is possible) there is no need for extra building work before the building can be occupied. Employers, owners and occupiers (‘responsible person’) will benefit as the processes involved will help generate the basis of their fire safety management procedures and fire risk assessments.
Those individuals who, as responsible persons or competent persons, have a responsibility for managing or monitoring the fire safety during the building in use or during alteration must establish and maintain good relationships with the enforcement bodies.
Licensing
The legislation that covers the licensing of premises, and the Fire Safety (Regulatory Reform) Order 2005, and Fire (Scotland) Act 2005 & The Fire Safety (Scotland) Regulations 2006, and the Fire Safety Regulations (Northern Ireland) 2010, are totally independent, standalone elements of legislation. It is therefore important to recognise that approval under the licensing legislation does not result in approval for all fire safety matters under the fire legislation. While fire safety conditions should not be set within the licence it is likely that the Licensing Authority will require assurance from the Fire and Rescue Service that fire precautions for the premises are satisfactory before granting a licence. Fire Authorities will use the specific fire legislation as their main tool, rather than the licensing act for ensuring that the fire precautions are satisfactory.
Additional Responsibilities
The legislation also requires that where dangerous substances are in or on premises in certain circumstances the responsible person must ensure that information on emergency arrangements is made available to relevant accident and emergency services so they can prepare their own response procedures and precautionary measures.
This is matched by a requirement of the Management of Health and Safety at Work Regulations 1999, which requires the employer (‘responsible person’) to ensure that any necessary contacts with external services are arranged, particularly regarding first aid, emergency medical care and rescue work.
The Regulatory Reform (Fire Safety) Order 2005 and the Fire (Scotland) Act 2005, The Fire Safety (Scotland) Regulations 2006 and The Fire Safety Regulations (Northern Ireland) 2010 have placed the responsibility for providing and maintaining a fire-safe environment for all relevant persons on the ‘responsible person’ (England & Wales), Duty Holder (Scotland) and the Appropriate Person (Northern Ireland) referred to in this guidance as the ‘Responsible Person’.
The legislation provides a wide-ranging definition of the ‘responsible person’ and clearly states that there can be more than one in any premises which is shared, for example, a multi occupancy building. The legislation requires that a fire-risk assessment must be completed, that the assessment and any associated fire precautions are routinely reviewed and revised where necessary and that any systems, equipment and training are provided and maintained by a
competent person.
The legislation also places a number of general duties on the ‘responsible person’. The enforcement of the legislation is the responsibility of the Fire and Rescue Service, which has powers to enter premises and to ask for access to risk assessments and other relevant records. The Fire and Rescue Service also has powers to issue notices: requiring the ‘responsible person’ to notify them of any proposed changes to a building, or its use; notifying the ‘responsible person’ of any deficiencies in the fire safety provisions and requiring the deficiencies to be corrected; and restricting or prohibiting the use of part or all of a building.
10. SUMMARY
The legislation provides a
wide-ranging definition of
the ‘responsible person’
and clearly states that
there can be more than one
in any premises which is
shared, for example, a
multi-occupancy building.
It is essential to have a detailed and robust Fire Safety Management Policy within your organisation if fire safety matters are to be effectively addressed. This includes taking preventative measures thus ensuring that fires are unlikely to occur, and that if they do they are likely to be controlled or contained quickly, effectively and safely, and that, if a fire does occur, and grows, everyone in the premises is able to escape to a place of total safety easily and quickly. In all premises this is often achieved by maintaining and planning fire safety in conjunction with general health and safety. It is good practice for senior management to have overall responsibility for fire safety and it should be recognised that fire safety operates at all levels within an organisation. It is essential that all staff are aware of their roles and responsibilities in fire safety, to ensure that they have the training and are aware how to prevent fires, recognise hazards and are fully conversant on what to do in an emergency.
11. THE FIRE SAFETY MANAGEMENT POLICY
Those responsible should be able to develop, where necessary, a local action plan for their premises which takes into account the type and complexity of the building, the people working within or nearby, the activities being undertaken and any specific hazards within the building such as hazardous processes or chemicals.
An organisation’s fire safety management policy should be a dynamic document, flexible enough to allow modification to take into account local operating modifications and should be the subject of regular monitoring and review.
The organisation’s fire safety management policy should be communicated to all relevant persons within a building and where a risk assessment needs to be recorded (when 5 or more persons employed, or if the premises are licensed or an alterations notice requiring it is in force) and should identify:
> who will hold the responsibility for fire safety at board level;
> who will be the ‘responsible person’ for each of their premises (this will be the person with overall control – usually the manager);
> the arrangement whereby those responsible for fire safety will, where necessary, nominate in writing specific people to carry out particular tasks if there is a fire;
> the arrangements to monitor and check that individuals responsible for fire safety are meeting fire safety law. requirements.
A Generic Fire Safety Management Policy may be found at Appendix 4, pages 42 to 45.
First, understand the nature of the risk to be managed. To carry out a fire risk assessment, an organised and methodical look at the premises, the activities carried out there and an assessment of the likelihood that a fire could start and cause harm to those in and around the premises. Therefore, the primary aim should always be to remove hazards and where they cannot be removed, then to reduce them as much as possible and implement additional control measures.
The aims of the fire risk assessment are to:
> identify the fire hazards;
> reduce the risk of those hazards causing harm, to as low as reasonably practicable; and
> decide what physical fire precautions and management arrangements are necessary to ensure the safety of relevant people in, or in the vicinity of your premises if a fire does start.
If the organisation employs five or more people, or if the premises are licensed or an alterations notice requiring it is in force, then the significant findings of the fire risk assessment and those identified as especially at risk must be recorded. A fire risk assessment will help determine the chances of a fire starting and the dangers from fire that the premises present for the people who use them and any person in the immediate vicinity. Much of the information for the fire risk assessment will come from the knowledge that persons in control and/or employees and their representatives have of the premises, as well as the knowledge of those who have responsibility for various parts of
12. HOW TO CARRY OUT A FIRE RISK
ASSESSMENT
While a fire risk assessment
will share a common
approach to many other
risk assessments, it is worth
noting that fire is a dynamic
process that can very
quickly have an effect on
many people.
Appoint one or more competent persons to carry out the preventive and protective measures, identified by the risk assessment. These persons could be appropriately trained employees or a third party with a good understanding of the dynamic nature of fire growth and development.
The assessment must be undertaken in a practical and systematic way. It must take all the premises into account, including outdoor locations and any rooms and areas that are rarely used. If the premises are small it may be possible to assess them as a whole. In some premises, it may be helpful to divide them into a series of assessment areas using natural boundaries, e.g., production areas, lecture theatres, offices, laboratories and stores, as well as corridors, stairways and external routes. However, each risk cannot be treated in isolation. Irrespective of the number of persons employed, or relating to the premises, if it forms part of a building with different occupancies, then the measures provided by other occupiers may have a direct effect on the adequacy of the fire safety measures in all of the premises in the building.
Consultation and cooperation between occupiers is not only advisable but a legislative requirement in multi-occupied buildings.
The fire risk assessment should demonstrate that, as far as is reasonable, it has taken into account the needs of all relevant persons, including disabled people.
It is essential that the fire risk assessment is maintained and reviewed on a regular basis.
Consultation and
co-operation between
occupiers is not only
advisable but a legislative
requirement in
All staff should receive basic fire safety induction training. They should also attend refresher sessions at predetermined intervals, and be told about the emergency plan and shown the escape routes.
The training should take account of the findings of the fire risk assessment and be easily understood by all those attending. It should include the role that those members of staff will be expected to play if a fire occurs. This may vary in large premises, with some staff being fire marshals or having a particular role that needs additional training.
Training is necessary:
> when staff start employment or are transferred into the premises;
> when changes have been made to the emergency plan and the preventative and protective measures;
> where working practices and processes or people’s responsibilities change;
> to take account of any changed risks to the safety of staff or other relevant persons;
> to ensure that staff know what they have to do to safeguard themselves and others on the premises;
> where staff are expected to assist disabled persons; and
> if a member of staff takes on the role of duty manager.
As a minimum all staff should receive training about:
> the items listed in the emergency plan;
> the importance of fire doors and other basic fire prevention measures;
> the appropriate use of firefighting equipment where relevant;
> the importance of reporting to the assembly area;
> exit routes and the operation of exit devices, including physically walking these routes;
> general matters such as permitted smoking areas or restrictions on cooking other than in designated areas; and
> assisting disabled persons where necessary.
Training should be repeated as often as necessary and should take place in working hours. Whatever training is necessary to support the fire safety strategy and emergency plan, it should be verifiable, as enforcing authorities may want to examine records to ensure adequate training has been given.
It is essential that detailed records are maintained for all training provided by obtaining signatures of all staff members present. Remember if it hasn’t been recorded then it didn’t happen.
All staff should receive
basic fire safety induction
training.
Staff expected to undertake the role of fire marshals (or fire wardens) would require more comprehensive training. Their role may include:
> helping those on the premises to leave;
> checking the premises to ensure everyone has left;
> using firefighting equipment if safe to do so;
> liaising with the fire and rescue service on arrival;
> shutting down vital or dangerous equipment; and
> performing a supervisory/
management role in any fire situation.
Training for this role may include:
> detailed knowledge of the fire safety strategy of the premises;
> awareness of human behaviour in fires;
> how to encourage others to use the most appropriate escape route;
> how to search safely and recognise areas that are unsafe to enter;
> the difficulties that some people, particularly if disabled, may have in escaping and any special evacuation arrangements that have been pre-planned;
> additional training in the use of firefighting equipment;
> an understanding of the purpose of any fixed firefighting equipment such as sprinklers or gas flooding systems; and
> reporting of faults, incidents and near misses.
Once the emergency plan has been developed and training given, you must evaluate its effectiveness. The best way to do this is to carry out a fire drill. This should be done at least every 6 months or as determined by the fire risk assessment, but more often if there is a high staff turnover. A well-planned and executed fire drill will confirm understanding of the training and provide helpful information for future training. The ‘responsible person’ should determine the possible objectives of the drill e.g. to:
> identify any weaknesses in the evacuation strategy
> test the procedure following any recent alteration or changes to working practices
> familiarise new members of staff with procedures
> test any necessary arrangements for disabled people
Within each building the evacuation should be for all occupants except those who may need to ensure the security of the premises, or people who, on a risk-assessed basis, are required to remain with particular equipment or processes that cannot be closed down.
Premises that consist of several buildings on the same site should be dealt with one building at a time over an appropriate period unless the emergency procedure dictates otherwise.
Where appropriate, it may be helpful to include members of the public in the fire drill. Ensure that all necessary health and safety issues are addressed before doing so.
15. FIRE DRILLS
A well planned and
executed fire drill will
confirm understanding of
the training and provide
helpful information for
future training.
Carrying Out the Drill
For premises that have more than one escape route, the escape plan should be designed to evacuate all people on the assumption that one exit or stairway is unavailable because of the fire. You can simulate this by placing a designated person at a suitable point on an exit route. Applying this scenario to different escape routes at each fire drill will encourage individuals to use alternative escape routes they may not normally use.
When carrying out the drill you might find it helpful to:
> circulate details concerning the drill and inform all staff of their duty to participate (‘surprise drills’ may not be beneficial as the health and safety risks may outweigh the benefits)
> ensure that equipment can be left safely
> nominate observers
> inform the alarm receiving centre if the fire-warning system is monitored (if fire and rescue is usually called from your premises, make sure this does not happen)
> inform visitors and members of the public, if present
> ask a random member of staff to set
Roll Call and Evacuation
Where possible, a roll call should be carried out as soon as possible at the designated assembly point(s), and/or reports received from wardens designated to ‘sweep’ the premises, and any people who are ‘unaccounted for’ noted. In a real evacuation this information will need to be passed to the fire and rescue service upon arrival.
Ideally a record of who is in a building should be kept, but the reality is that the ability to keep a record of who is in a building will vary according to the nature and use of the premises.
Once the roll call is satisfactorily completed, or satisfactory reports from fire wardens and others with special responsibilities have been received, people should be allowed to return to the building. Where the evacuation has been activated by a real emergency, then no one may re-enter the premises until the Emergency Services have given their authority. If the fire-warning system is monitored the alarm receiving centre should be informed that the drill has been completed. The outcomes should be recorded. Note: It is not up to the fire brigade to actually reset the alarm panel. This is the responsibility of the local FM, security
Monitoring and Debrief
Throughout the drill the ‘responsible person’ and any nominated observers should pay particular attention to:
> communication difficulties with regard to the roll call and establishing that everyone is accounted for
> the use of the nearest available escape routes as opposed to common circulation routes
> difficulties opening final exit doors
> difficulties experienced by people with disabilities
> the roles of specified people e.g. fire marshals
> inappropriate actions, e.g. stopping to collect personal items, attempting to use lifts
> windows and doors not being closed as people leave.
On-the-spot debriefs are useful to discuss the fire drill, encouraging feedback from everybody. Later, reports from fire wardens and observations from people should be collated and reviewed by the ‘responsible person’. Any conclusions and remedial actions should be recorded and implemented.
The fire risk assessment will help ensure that appropriate safety procedures, fire prevention measures and fire precautions (plans, systems and equipment) are all in place and working properly.
It is essential that there is an effective communications system between the Fire Wardens and the ‘Responsible Person’ for effective fire safety management.
On-the-spot debriefs are
useful to discuss the fire
drill, encouraging feedback
from everybody.
16. CASE LAW
Manchester Hospital breached fire safety rules
November 2014
A Manchester hospital has been ordered by the fire service to tackle fire safety breaches in its operating theatres. An enforcement notice has been issued by Greater Manchester Fire and Rescue Service on a local Hospital. A routine check discovered various safety breaches and the fire service order says action must be taken to avoid prosecution.
Areas of concern that did not comply with the requirements of The Regulatory Reform (Fire Safety) Order 2005 included:
> Fire doors wedged open
> Storeroom doors left insecure
> Combustible items stored in escape routes
> The Trust’s own fire safety policy not being followed
> Failure to maintain emergency routes and exits
> Fire safety risk assessment not suitable and sufficient
> Damaged and poorly maintained fire doors
Leicestershire landlord jailed for ignoring fire safety regulations
October 2014
A landlord who put his tenants’ lives at risks by ignoring fire safety regulations has been jailed for eight months.
The landlord’s two adjoining properties in the Highfields area of Leicester, caught fire in the early hours of 8th May 2013.
Firefighters had to rescue three residents from the smoke-logged three-storey building, where no proper fire safety measures were in place. The landlord had ignored safety warnings and advice given a year before the blaze. He pleaded guilty to seven offences under the Regulatory Reform (Fire Safety) Order 2005 during an earlier hearing at Leicester Crown Court.
Fire Safety breaches included no fire risk assessment, no evacuation strategy and the fire alarm wasn’t working. In addition, there
were no working smoke alarms or emergency lights, blocked fire exits, combustible obstacles such as furniture in corridors, fire doors were either missing, left open or jammed and a fire extinguisher in the hall had not been inspected for 25 years.
The court was told Patel was fined £38,000 by magistrates earlier this year following a separate city council prosecution, for failing to have the necessary licences to run his business at Evington Street and Gopsall Street.
After the hearing, Leicestershire Fire and Rescue Service head of community safety said the case showed a “shocking lack of regard” for the residents.
He added: “This sentence sends a very strong message to the owners and managers of similar premises regarding their legal responsibilities, and the likely result of ignoring them.”
Another Care Home Fined £170k for Fire Safety Breaches
September 2014
One of the country’s biggest care home providers has today been ordered to pay £170,622 for contravening fire safety laws following a fire in which a woman died. Anchor Trust which runs Rose Court on Lower Road in Bermondsey, pleaded guilty to two offences under the Regulatory Reform (Fire Safety) Order 2005 at Woolwich Crown Court. This case comes soon after the conviction of another care home provider in Croydon, in May 2014.
The lady in question, who suffered from dementia, died following a fire in her room at the home for elderly people on 26 March 2010. Investigators determined that the fire was caused by her nightwear coming into contact with a naked flame.
The investigation found that although the general fire risk assessment for the home identified smoking as a risk, further assessment specifically in respect of the woman had not been carried out as required by Anchor Trust’s own policies. As a result measures to reduce the risk had not been properly considered or put into place.
During 2013/14 there were 527 fires in London’s care homes and sheltered accommodation, with two people dying and 34 people being injured.
D.M. Care Ltd, Blackpool
March 2013
The Prosecution relates to Ambassador Care Home, 670-672 Lytham Road, Backpool. These premises consist of a detached property with ground and first floors and the owner of these premises is D. M. Care Ltd.
On the 6th January 2012, Lancashire Fire and Rescue Service attended an incident which consisted of a fire on the ground floor outside bedroom 10. The incident resulted in several people being evacuated from the building including staff and residents.
During the course of the investigation photographs were taken as evidence of breaches of Fire Safety Legislation and they show the
following:-> Blocked exit routes.
> Combustibles on the main staircase.
> Combustible materials on top of cupboards in a protected corridor.
> Fire doors, including the kitchen door, wedged open at the time of the fire.
> Combustible materials obstructing fire extinguishers.
> Cupboard hooks holding open fire doors.
> Linen stored to ceiling height adjacent to light fitting.
> Linen on shelving on the means of escape.
> Missing smoke detector.
> Electrical leads in Santa’s Grotto located on escape route.
> Santa’s Grotto on main staircase.
Investigations both at the time of the inspection and during interview under caution, show that fire safety at this property had been neglected and had deteriorated to a seriously poor standard. This resulted in very serious breaches of the Fire Safety Order which meant that the safety of residents and staff within the premises had been compromised.
As a result of the investigations, Fire Officers spent considerable time inspecting the premises, preparing statements and taking photographs in relation to the case brought against the Defendant.
Outcome
On the 19th March 2013 Lancashire Fire and Rescue Service successfully prosecuted D.M. Care Limited, the owner of the Ambassador Care Home in Blackpool, for seven breaches of the Regulatory Reform (Fire Safety) Order 2005. The case was heard at Fleetwood Magistrates Court using a comprehensive evidence file prepared by Fire Safety Enforcement staff from Western Area.
The defendant pleaded guilty to seven offences listed below and was fined the maximum of £5,000 per offence and ordered to pay prosecution costs of £5,375, a total of £40,375, the highest amount seen imposed in cases such as this in Lancashire.
Nottingham Fast Food Retailer
November 2013
Business owners have been advised by Nottinghamshire Fire and Rescue Service to pay greater attention to fire safety legislation, following the prosecution of a Nottingham fast food retailer at Nottingham Magistrates’ Court today (Monday 4th November).
LFF Limited faced a total financial penalty of £14,979.50, including a victim surcharge and full costs, after pleading guilty to six fire safety offences under the Regulatory Reform (Fire Safety) Order 2005. Fines imposed on LFF Limited included £2,667 for failing to have installed a fire detection and warning system and £2,000 for failing to ensure that escape routes from upper floors were adequately protected from smoke and fire. All of the sentences took account of the one third discount to which the company was entitled following early guilty pleas.
The magistrates emphasised that safety must always take priority over financial considerations.
Fire protection officers from Nottinghamshire Fire and Rescue Service visited the Maryland Chicken outlet, Lower Parliament Street, Nottingham in October 2012 and found that the fire precautions that should have been provided in the event of a fire were inadequate. This presented a serious risk to the lives of staff at the premises. Enforcement and Prohibition Notices were issued, which limited the use of the premises and required fire safety improvements.
The offences in full, on or before 8th October 2012, were as follows:
-1. Failure to create a suitable and sufficient Fire Risk Assessment - fine of £1,334
2. Failure to install a fire detection and warning system - fine of £2,667
3. Failure to keep emergency escape routes free from obstruction - fine of £1,667
4. Failure to ensure that emergency escape routes led to a place of safety - fine of £1,334
5. Failure to ensure that emergency escape routes were sufficiently protected from smoke or fire - fine of £2,000
6. Failure to install appropriate emergency lighting on escape routes - fine of £1,667 Nottinghamshire Fire and Rescue Service is reminding all owners and occupiers of buildings of their legal responsibility to protect their customers and staff against the risk of fire. As well as warning them that, where necessary, action will be taken against anyone found to be in breach of fire safety regulations.
Legislative Road Map
Building stage Construction Legislation England and Wales:Building Regulations 2010
Enforcing body > Building Control Officers in the Local Authority (LA).
> Approved Inspector (AI) listed by the Construction Industry Council. (The Fire & Rescue Authority must be consulted by LA or AI for access or premises to which the order applies).
Guidance Documents,
British Standards BS 5588-5:2004 Fire Precautions in DesignBS 9999 – 2008 Code of Practice for fire safety in the design, management and use of buildings.
Building stage Construction Legislation Scotland: Building (Scotland) Regulations 2004 and Building (Miscellaneous Amendments) (Scotland) Regulations 2013 – Fire Safety Design Summaries (FSDS) must now be provided with completion certificates relating to the construction of, or conversion to, new non–domestic buildings, including extensions to existing buildings.
Enforcing body > Local Authority Verifiers
> Certifiers
> For list see www.gov.scot Guidance Documents,
British Standards
Procedural Handbook 3rd Edition Version 1.4 Non-Domestic Handbook 2015
Building stage Construction Legislation Northern Ireland:
Building (Scotland) Regulations
The Building (Amendment) Regulations (Northern Ireland) 2014. Enforcing body > Local Authority
Guidance Documents, British Standards
Technical Booklets www.buildingcontrol-ni.com
APPENDIX 1
Legislative Road Map
Building stage Building in use Legislation England and Wales:Regulatory Reform (Fire Safety) Order 2005 Enforcing body > Fire & Rescue Authority
Guidance Documents,
British Standards Fire safety risk assessment guidesThese may be downloaded from the following website:
www.gov.uk/workplace-fire-safety-your-responsibilities/fire-safety-advice-documents
The Health and Safety Executive (HSE) have separate guidance about carrying out risk assessments if you work in construction.
You can download the following guides on fire safety risk assessments in:
> offices and shops
> factories and warehouses
> sleeping accommodation
> residential care premises
> educational premises
> small and medium places of assembly (holding 300 people or less)
> large places of assembly (holding more than 300 people)
> theatres, cinemas and similar premises
> open air events and venues
> healthcare premises
Legislative Road Map
Building stage Building in use Legislation Scotland:Fire (Scotland) Act 2005 and
The Fire Safety (Scotland) Regulations 2006 Enforcing body > Fire & Rescue Authority
Guidance Documents, British Standards
A series of sector specific guides has been produced providing practical fire safety guidance for those with responsibilities under Part 3 of the Fire (Scotland) Act 2005, as amended, and the Fire Safety (Scotland) Regulations 2006. These guides may be downloaded from the following website: www.gov.scot/Topics/Justice/public-safety/Fire-Rescue/FireLaw/ FireLaw/SectorSpecificGuidance
> Care Homes
> Offices, Shops & Similar Premises
> Factories & Storage Premises
> Educational & Day Care for Children Premises
> Small Bed & Breakfast & Self-Catering Premises
> Small Premises Providing Sleeping Accommodation
> Medium & Large Premises Providing Sleeping Accommodation
> Transport Premises
Legislative Road Map
Building stage Building in use Legislation Northern Ireland:Fire Safety Regulations (Northern Ireland) 2010
Enforcing body > Fire & Rescue Authority
Guidance Documents, British Standards
The communities and local government website provides fire safety guidance for the following premises which may be downloaded from the website: www.nifrs.org/firesafe/guidance.php
> Offices and Shops
> Sleeping Accommodation
> Residential Care Premises
> Educational Premises
> Small & Medium places of assembly
> Large Places of assembly
> Theatres, cinemas and similar premises
> Factories and Warehouses
> Open air events & Venues
> Healthcare Premises
> Transport Premises & Facilities
> Animal premises and stables
> Means of escape for Disabled People (Supplementary Guide.)
England and Wales Government (Department of) Communities and Local Government Building Regulations and Fire Safety Procedural Guidance.
This provides guidance on the interaction between the Building Control Process (in England & Wales) and the application of the Fire Safety Order.
Approved Document B – Volume 2. Buildings Other Than Dwelling Houses
This provides practical guidance on the technical application of Part B to the Building Regulations (England & Wales).
www.planningportal.gov.uk
Fire Safety Risk Assessment Guidance. These are standalone guidance documents for:
> Offices and Shops
> Factories and Warehouses
> Sleeping Accommodation
> Residential Care Premises
> Educational Premises
> Small and Medium Places of Assembly
> Large Places of Assembly
> Theatres, Cinemas and Similar Premises
> Open Air Events and Venues
> Healthcare Premises
> Transport Premises and Facilities
> Means of Escape for Disabled Persons
> LACORS (Local Authorities
Coordinators of Regulatory Services) Housing-Fire safety
These stand alone documents provide advice and are targeted to the use of premises concerned, on how to avoid fires and how to ensure people’s safety if a fire does start
www.communities.gov.uk/fire/ firesafety/firesafetylaw Scotland Government
The Scottish Building Standards Agency
(www.gov.scot/Topics/Built- Environment/Building/Building-standards/publications/publeg) has published a procedural handbook, which provides guidance on the interaction between the Building Control Process (in Scotland) and the application of the Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006.
The website also gives access to The Scottish Building Standards Technical Handbook (section 2), which provides guidance on achieving the standards set in the Building (Scotland) Regulations 2004. The Scotland Government website
(www.infoscotland.com/firelaw)
provides a guidance booklet which gives an overview of the fire safety regime. It also provides guidance on:
> Fire Safety Measures
> Fire Safety Risk Assessment
> Evacuation of Disabled Persons. The website also provides standalone guidance documents for:
> Offices, Shops and similar premises
> Factories and Storage Premises
> Small Premises Providing Sleeping
