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fire & hazard protection
Firing up the changes
Tony Morris of Casella Winton discusses the
impending changes to Fire Regulations in the UK
The long awaited review of existing
UK fire legislation comes to a
conclusion next year with the
introduction of “The Regulatory
Reform (Fire Safety) Order
2006.” It is anticipated that the
order will come into effect in
early April 2006, initially applying
only to England and Wales, with
Scotland and Northern Ireland following
suit via their own statutes
in due course.
Already out in draft format, it is
proposed that the order will revoke
all existing fire legislation, including
the ‘Fire Precautions Act 1971’
and the ‘Fire Precautions
(Workplace) Regulations 1997/9,
together with the other hundred or
so odd pieces of local fire enactments,
by-laws, and peripheral
orders.
Subsequently, fire certification will
become a thing of the past, however
bear in mind that the current
requirements remain firmly in
place until revoked by the new
order. Sound advice is therefore to
maintain the building in accordance
with the current fire certificate,
continue to consult with the fire
officer as and when required and to
maintain an up-to-date set of single
line drawings for the workplace
and, where appropriate, relevant
building(s).
Designed to harmonise with the
current framework and format of
Heath & Safety legislation, the
order is similar in every respect to
the existing Fire Precautions
(Workplace) Regulations 1997/9
and applies (with the similar exceptions
of domestic premises and outdoor
locations) to all places of
work.
As expected, the order will place a
requirement on the employer as
the ‘Responsible Person’, to
appoint a ‘Competent Person’ to
undertake a meaningful and realistic
fire risk assessment appropriate
to the size and nature of the workplace.
There is renewed emphasis
on the role of the employer as the
‘Responsible Person’ in the workplace,
or on the person who has any
degree of control over all or part of
the building. The ‘Responsible
Person’ will be accountable by law
for compliance with the order and
will be required to appoint one or
more ‘Competent Persons’ to carry
out the risk assessment and implement
the measures within the
workplace.
There is also a proposal to introduce
a third category of person into
the order - namely the ‘Relevant
Person.’ This category has been
introduced deliberately to take
into account those persons who
currently fall outside the immediate
jurisdiction of an ‘Employer’
but who may be affected by (or
may influence by their own activities)
the risk within the workplace.
This category is further extended
to include those persons who may
lawfully be on, under or in the
vicinity of the workplace and/or
relevant building(s), i.e. General
Public, Visitors, Contractors,
Residents, Neighbours, etc.
Emphasis is also made of the need
to undertake specific fire risk
assessments where there is:-
A ‘Child’ employed (being not over
school age as defined i the
Education Act 1996).
‘Dangerous Substances’ present in
the workplace (as defined under
the H&S ‘Approved classification
and labelling guide’)
A possibility of ‘Serious and
Imminent Danger’ arising through
fire or similar event in the workplace.
In such cases the
‘Responsible Person’ must establish
enhanced procedures to pre-warn
staff of the risk, increase safety
training and fire drills, implement
measures to minimise the risk,
install additional means of escape
provisions where necessary, and
take steps as necessary to ensure
an immediate evacuation
before.....
Other ‘Articles’ reiterate the existing
workplace regulations, emphasising
the provision and maintenance
of means of escape facilities,
the maintenance of all fire related
equipment (portable, fixed, and
that provided for fire-fighters use),
staff training, record keeping and
regular reviews of the fire risk
assessment.
There is also an interesting addition
in the draft order regarding ‘Fire-
Fighters Switches’ whereby it is
proposed that the ‘Responsible
Person’ should register any existing
switches within 21 days of the
order, or consult with the fire
authority over any proposed installation.
The wording within the
draft order refers specifically to
switches that isolate high voltage
luminous discharge signs, and not
to the more common fluorescent
lighting, used to illuminate modern
facia signs.
One thing that employers should be
aware of is an enhanced policy of
validation and enforcement by the
fire authorities. The Fire Service
College has been running (and will
continue to do so for some time)
specific fire risk assessment courses
for both external delegates and
local authority fire officers. The
contents of the courses deliberately
focus on levels of ‘assessor’ competency,
benchmark standards,
contents and compilation, and the
validation and enforcement
aspects. From our own experience,
fire officers around the country
have been looking far more closely
at fire risk assessments to ensure
they are appropriate, meaningful
and realistic, taking into account
the size, nature of activities, number
of persons, and fire risks within
the workplace.
Casella Winton’s ‘Fire Risk
Assessment’ policy has been
extended over the last couple of
years in anticipation of the new
order. Any changes or additions to
the proposals will of course be
evaluated when known and circulated
to our clients and website
‘Help Desk’.
Reader Reply No.: 85128
www.practicalfm.co.uk