Presenter Pete Moulson FRACS, IFSM Fire Compliance The Fire Risk Assessment and Beyond A Hot Topic “Protecting you & your premises”
Regulatory Reform (Fire Safety) Order 2005 (Commonly known as the RRO or FSO) • Primary piece of fire safety legislation for England & Wales NB There are equivalent documents for Scotland and Northern Ireland “Protecting you & your premises”
The Regulatory Reform (Fire Safety) Order 2005 ‘The Articles’ • There are circa 53 Articles within the Regulations. An Article – refers to a subject heading • In order to avoid Enforcement Action, Compliance with Articles 8 – 22 is mandatory • The Articles include ‘Powers of Enforcement’ available to the appropriate agency • Provision for an appeal to be made against unjust enforcement
Article 9 – The Fire Risk Assessment • The ‘Responsible Person’ must be in possession of a suitable and sufficient Fire Risk Assessment (FRA) completed by a ‘Competent Person’ - PAS 79 • Purpose of the FRA, is to reduce the risk of fire, identify the people at risk and the general fire precautions required to keep people safe e.g. ‘Relevant Persons’ • FRA to be sufficiently robust to satisfy the scrutiny of a fire audit • The ‘Responsible Person’ also has the undertaking to ensure the person completing the FRA is ‘Competent’ NB The FRA, is only the first stage of achieving compliance with the RRO. Effective Fire Management systems and procedures aligned to the FRA are equally important as outlined PAS 7
Who Enforces the RRO? Fire & Rescue Service (FRS) - Their Role: To achieve ‘Broad Compliance’ How: Through a programme of planned inspections/audits, the FRS can and will: • Enter premises at any reasonable time • Inspect/audit premises • Make enquiries to assess compliance • Request records and plans NB Where possible the FRS, do NOT wish to Prosecute “Protecting you & your premises”
Who is the ‘Responsible Person’? • The employer (if the workplace is under their control) • The person having control of the premises • The owner/landlord • The lead contractor responsible for a sizeable refurbishment or new build project could be treated as the person in control • In multi-occupancy buildings it will be the landlord and/or the occupants
The ‘Responsible Person’ Key Responsibilities • Maintain the safety of all ‘Relevant Persons’ • Choose/nominate a ‘Competent Fire Risk Assessor’ • Implement the ‘Significant Findings’ of the FRA • Have sufficient systems, processes and procedures in operation to enable compliance to be evidenced • Maintain up to date records of testing and maintenance regimes ready for inspection by the Enforcing Authority • Monitor, control and periodically review the FRA Review and the FRA before, during and after significant changes to the use or layout of the building/s, especially if changes involve the means of escape “Protecting you & your premises”
The ‘Fire Risk Assessor’ Guardian of Compliance The Role of the Fire Risk Assessor: • Complete suitable & sufficient fire risk assessments to enable the ‘Responsible Person’ achieve full compliance • Guide organisations on how to achieve compliance, applying best practice • Where possible, provide cost effective solutions to issues identified during the FRA • Ensure ‘Business Continuity’ is central to the completion of the FRA • Where Required, liaise with the FRS on behalf of the organisation “Protecting you & your premises”
Guidance on Competency of a Fire Risk Assessor Guide issued by the Fire Risk Assessment Competency Council in 2013 Can I do it myself? - YES Duty holders, particularly in small or low risk premises, may be able to carry out their own FRA using the appropriate guidance and generic documentation. HOWEVER, YOU NEED TO KNOW YOUR LIMITS! The Duty Holder – The ‘Responsible Person’ - Not expected to be an expert in Fire, retains the responsibility for ensuring the adequacy of the FRA and check to ensure the competency of the Fire Risk Assessor is credible. “Protecting you & your premises”
Guidance on Competency of a Fire Risk Assessor Guide issued by the Fire Risk Assessment Competency Council in 2013 In principal, there are two methods by which people can demonstrate competence: • Professional Body Registration Schemes e.g. IFE, IFPO or IFSM • UKAS Accredited Scheme (Company or Person) accredited for the activity e.g. FRACS “Protecting you & your premises”
First and Most Important Step to Achieving Compliance: Be in possession of a ‘Suitable & Sufficient’ Fire Risk Assessment (FRA) (Compliant with Articles 8 – 22) Must be in writing if 5 or more employees “Protecting you & your premises”
Where does it apply? • All buildings, workplaces and structures (temporary or otherwise) and frequently includes empty properties • Does NOT apply to private dwellings but would include common areas of flats and HMO’s. “Protecting you & your premises”
What is a Good Fire Risk Assessment, Give Us a Clue!
What Happens if I Don’t Comply? Before a Fire – ‘Reputational Risk’ – Does it Matter? FRS will scrutinise the FRA during an audit. If found lacking, the FRS can and will action one or more of the following: • Issue a ‘Notice of Minor Deficiencies’ • Issue an ‘FRA Action Plan’ • Initiate ‘Enforcement Action’ and/or • Depending on the severity, commence prosecution proceedings and/or • Issue a ‘Prohibition Notice’ • Dependent on the circumstances the FRS can issue an ‘Alterations Notice’ “Protecting you & your premises”
What Happens If I Don’t Comply? 24th March 2016, Tyne and Wear Fire and Rescue Service Defendant charged with five failures to comply with The Regulatory Reform (Fire Safety) Order 2005. Fined £380,000 plus Costs £29,222 Total fine of £409,222 7th September 2015, Devon and Somerset Fire and Rescue Service Defendant charged with: • failure to provide a suitable fire risk assessment, • failure to provide a suitable working fire detection and alarm system, • failure to provide suitable means of escape, • failure to maintain systems and equipment provided for fire safety purposes. Fined £22,500 plus £6,242 in costs 13th June 2014, Lancashire Fire and Rescue Service Defendant charged with 15 breaches of the Fire Safety Order, including: • failure to maintain suitable escape routes, • failure to provide an adequate fire alarm and detection system, • and failure to provide a suitable emergency lighting system. 18-month jail sentence; Ordered to pay £5,243 in costs.
What Happens If I Don’t Comply? 13th June 2016, South Wales Fire and Rescue Service Defendant charged with: • Not co-operating adequately with South Wales Fire and Rescue Service, under Article 27 of the Regulatory Reform (Fire Safety) Order 2005 Fined £6,000 plus Cost £7,423.09 Total fine £13,423.09 15th April 2016, Merseyside Fire and Rescue Service Defendant charges included: • Inadequate fire precautions • No Fire Risk Assessment • Failure to ensure public safety • No emergency lighting • No fire alarm system Sentenced to 8 months, suspended for 2 years, a 2 year supervision order, 150 hours unpaid work plus Fine £1,200
What Happens If I Don’t Comply? 24th June 2016, Cheshire Fire and Rescue Service Defendant charged with: Four breaches to comply with The Regulatory Reform (Fire Safety) Order 2005. • Inadequate fire safety assessment • Insufficient smoke and fire detection • Failure to demonstrate evacuation procedures • Compromised compartmentation Fined £40,000, plus Costs £15,000 Total fine of £55,000 Defendant - Former fire fighter Charged with failure to carry out a suitable and sufficient risk assessment Sentenced to 4 months, suspended for 12 months plus costs £1,600
What Happens If I Don’t Comply? London FRS - Shell • Blocked escape routes • Blocked fire exits • Defective fire doors • Excessive fire loading Fined £300,000! “Protecting you & your premises”
What Happens If I Don’t Comply? After a Fire - Reputational Risk ‘Gone up in Smoke’ FRS will investigate the circumstances surrounding the cause and severity of the fire incident. Depending on the outcome, the FRS have various options available. If the cause is attributed to the inadequacy of the FRA or, the ‘Responsible Person’ has failed in their duty, depending on the severity, this is almost certain to be a fast track to prosecution. Insurance Companies will find the result of the FRS Investigation of concern, as such, a claim may not be upheld. Moreover, 60% of Businesses NEVER recover from a serious Fire
What Happens If I Don’t Comply? London FRS – New Look Following a fire at their Oxford Street store • Insufficient staff training • Storage blocking escape routes Fined £400,000! “Protecting you & your premises”
What Do I Do Next? Evaluate: Do you comply? If the answer is Yes , fantastic, well done….. If on the other hand you DO NOT or you remain unsure, you need HELP ! So What’s the Solution… ? ? ? “Protecting you & your premises”
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