The existing legislation has been developed in a piecemeal fashion. Consequently,
many non-domestic workplaces are subjected to various pieces of legislation. The
most significant of these comprised the Fire Precautions Act 1971 and the Fire Precautions
(Workplace) Regulations 1997.
The Order amends or replaces over 100 pieces of legislation with the objective of
modernising existing fire safety legislation into a single fire safety regime.
Fire Certificates
The major amendment resulting from the Order refers to the abolition of fire certificates.
Instead, the Order firmly places the responsibility of Fire Safety on the Responsible
Person. There will no longer be specific requirements to rely on. Fire Certificates
will cease to have status.
Fire Risk Assessment
The responsible person must make a suitable and sufficient assessment of the risks.
The duty of care to carry out a fire risk assessment is placed on the Responsible
Person. The Order requires that individual to produce a Policy, develop Procedures
(especially in regard to evacuation), have provisions for continual Staff Training,
carry out Fire Drills and provide and maintain Means of Escape, Signs and Notices,
Emergency Lighting, Fire Detection, Warning and Suppression equipment.
Enforcement
The local Fire and Rescue Service will be the primary enforcer. However, there are
others for some special premises (e.g. HSE, MOD, and Local Authority). The inspector
has the right to inspect your premises, make enquiries to the limitations of the
premises, inspect any records and take samples.
As the responsible person you must ensure the safety of your employees and visitors
to your premises. In addition, you must consider the safety of any person not on
the premises but who may be affected by your business.
The Order states “the responsible person must appoint one or more Competent Persons
to assist them”. The Order elaborates, specifying the competent person must have
sufficient training, experience and knowledge. Where this competent person is directly
employed the responsible person must ensure they are appropriately trained.
SOA are ideally suited as sub-contractors to act as your `competent person'. We
have expert knowledge, superior experience and Third Party Accreditation.
Policies - As part of the Fire Risk Assessment you must provide policies on minimising
risk of the outbreak of fire, the spread of fire and smoke, means of escape and
demonstrate preventive action.
Procedures - You must have in place procedures for dealing with fire, including
regular fire drills. The procedure shall identify the circumstances that trigger
an emergency. In light of the natural and man-made disasters of recent times, the
need for an updated and satisfactory emergency action plan may be viewed as all
the more imperative.
Fire Risk Assessment - All non-domestic workplaces must carry out a fire risk assessment.
This assessment must be documented and recorded if you; employ more than five people;
have a license in force; or an alterations notice requires you to do so. This assessment
must record all significant findings, measures and events. If the premises activity
or usage alters, the fire risk assessment must be reviewed.
Fire Management Policy - You must have a system in place for managing the Fire Safety
of your premises. It is strongly recommended that you make and keep all records.
Keeping the records proves you have acted responsibly; failure to keep the records
may cast doubt on the matter. Remember the inspector can demand to see these policy
documents and records.
The enforcer has the authority to issue one of three notices, an enforcement, prohibition
or alterations notice. Failure to comply with one of these notices is a criminal
offence.
In addition, there are numerous other offences under the Order. These include failure
to implement fire precautions, failure to carry out a fire risk assessment, non-compliance
with the regulations and giving false information.
If you are convicted of failing to comply then you may be subject to a fine and/or
imprisonment.
You can now face a fine and prosecution if found to be negligent on having satisfactory
provisions in place for the Fire Safety of your premises, employees, visitors and
those affected by the activities of your business.
SOA has the experience, training and knowledge to act as your competent person.
SOA can conduct your fire risk assessment, provide training for your staff and initiate
your business' fire management policy and emergency action plan.
SOA provides first class fire safety & evacuation analysis and advice to all our
clients. We have a proven track record of ensuring that our clients meet their legal
responsibilities with a fire safety strategy that supports their business objectives.
For further information please contact SOA directly, alternatively further information
can be found on the Government's
Community Website