Legislation

2005
Fire Safety Legislation changes

It is anticipated that during this year significant changes to Fire Safety Legislation will occur. These changes will be when the Regulatory Reform (Fire Safety ) Order is introduced which is designed to achieve three main objectives ;

  1. to consolidate the existing Fire Safety legislation into one set of Regulations, thereby reducing burdens on business and overlap of enforcing authorities.
  2. To align Fire Safety Legislation with Health and Safety laws, reducing prescriptive requirements.
  3. To put the onus for the fire safety of people in premises on the "Responsible Person" (owner/occupier/employer/landlord) as a result of the significant findings of the fire risk assessment which the Responsible Person has a duty to carry out.

In essence the new order will require that all premises or sites to which employees or members of the public have access will have been the subject of a fire risk assessment carried out by a nominated "Responsible Person" resulting in control measures being introduced to

  • reduce the risk of fire occurring
  • protect employees and other persons visiting the site
  • protect property and adjacent premises
  • protect the environment

The finer detail of the order has yet to be finalised however at present it is envisaged that it will be enacted and guidance for compliance made available during 2005.

FREQUENTLY ASKED QUESTIONS

Question. How will the new order differ from the current requirements of the Fire Precautions (Workplace) Regulations 1997, as amended 1999?

Answer. Both sets of Regulations are very similar however the new order is expected to extend the range of premises to which it will apply, e.g. houses in multiple occupation, self employed, voluntary organisations, etc.

Question. If my premises have been issued with a Fire Certificate will the new order apply?

Answer. Yes. The new order will apply to these premises, Fire Certificates will no longer be issued by the Fire Authority upon enactment of the new order. However, it will be accepted that where a Fire Certificate is in force and reflects current standards, this can be used as part of the fire risk assessment process for the building

Question. What is a fire risk assessment and how do I carry one out?

Answer. A Fire Risk assessment is an organised look at what, in your work activities and workplace could harm people. This will allow you to consider whether you have taken enough precautions or should do more to avoid harm. The important things you will need to decide are whether an hazard is significant and whether you have removed it or covered it by satisfactory precautions so that the risk is acceptably low.

TO CARRY OUT A FIRE RISK ASSESSMENT THERE ARE FIVE MAJOR STEPS THAT YOU NEED TO TAKE;

  1. Identify the potential hazards in the workplace
  2. Decide who ( e.g. employees/visitors) might be in danger in the event of a fire in the workplace or while trying to escape from it. And note the location.
  3. Evaluate the risk from hazards and decide whether your existing fire precautions are adequate.
  4. Record your findings and actions taken.
  5. Keep assessments under review.

It is important that you carry out your fire risk assessment in a practical and not systematic way to identify hazards in your workplace. THIS IS NOT A DESKTOP EXERCISE, and you should preferably use a scaled plan of your premises to indicate the hazards and to identify the persons who may be at risk.

Question. What else is the nominated responsible person required to do?

Answer. Other than undertaking the risk assessment and recording it if you are a "Responsible Person" with more than 5 employees you must:

  1. Train your employees to ensure they know what to do in the event of fire occurring.
  2. Inform your employees and other "responsible persons" of the significant findings of your fire risk assessment that may affect the safety of persons on the premises in the event of a fire.
  3. Provide suitable and sufficient fire fighting equipment and training for employees in its use.
  4. Ensure all escape routes from your premises are clearly indicated and readily available at all times when the premises are occupied.
  5. Ensure that a means for alerting people in the event of a fire is provided
  6. Take account of the risks, impacting upon other persons who may be required to egress the premises ( public, people with disabilities contractors, etc)
  7. Ensure that all fire safety measures provided within the premises are maintained And readily available.