Understanding the implications of The Regulatory Reform (Fire Safety) Order 2006
As part of the Government’s commitment to reducing death, injury and damage caused by fire, the Department for Communities and Local Government (DCLG) has reviewed fire safety law and made a number of changes which are designed to make the law easier to understand and comply with. These changes have been implemented through the new Regulatory Reform (Fire Safety) Order (RRFSO) in England and Wales while in Scotland they form a part of the Fire (Scotland) Act 2005. The changes set out in the RRFSO will apply to non-domestic premises only.
Does this affect me?
The main effect of the changes will be a move towards greater emphasis on fire prevention in all non-domestic premises, including the voluntary sector and self-employed people with premises separate from their homes.
RRFSO came into force on 1st October 2006 and if you are one of the following, you will need to understand the implications of this important piece of legislation:
• Responsible for business premises
• An employer
• Self-employed with business premises
• A charity or voluntary organisation
• A contractor with a degree of control over any premises
NICEIC and JPD training have worked closely with some of the UK’s leading experts in Fire Safety to produce a short one day course on the implications of this legislation and how to qualify as a competent person. After the course, you should be able to:
• Carry out your fire risk assessment
• Assist you in keeping the records as required by law
• Assist the responsible person with all other aspects of the order such as staff training, fire drills, signs & notices and emergency lighting
• provide reassurance and compliance for the business owner – the responsible person
For more details contact our advisors on 0870 438 2573 or visit www.jpd.co.uk
What is the RR(FS)O?
The RRFSO replaces most fire safety legislation with one new order. Fire authorities will no longer issue fire certificates and those previously in force will have no legal status. It means that any person who has some level of control in premises must take steps to reduce the risk from fire, consider how to contain a fire should one break out and then also make sure people can safely escape if there is a fire.
Where does the order apply?
The order applies to virtually all premises and covers nearly every type of building, structure and open space.
For example, it applies to:
• Offices & Shops
• Factories & Warehouses
• Sleeping accommodation
• Health care premises
• Residential Care premises
• Educational premises
• Places of assembly
• Transport premises & facilities
• Theatres & cinemas
• Outdoor event locations
The order applies to all buildings apart from private homes or individual flats. The Government intends to provide a series of guidance documents which can be downloaded free of charge from www.communities.gov.uk
Who is responsible for meeting the order?
Under the order, anyone who has control of premises or anyone who has a degree of control over certain areas or systems may be a ‘responsible person’, for example, it could be:
• The employer, for those parts of premises staff may have access to
• The managing agent or owner for shared parts of premises or shared fire safety equipment such as fire detection systems or sprinklers
• The occupier, such as self-employed people or voluntary organisations if they have any control
• Any other person who has some control over a part of the premises.
What does the responsible person have to do?
The responsible person is responsible for the safety of the employees and relevant persons by effectively managing:
• Fire risk assessment
• Fire safety policy
• Fire procedures
• Fire drills
• Means of escape
• Emergency lighting
• Fire alarms and extinguishers
• Fire doors & compartments
• Fire evacuations
• Signs & notices
The aim of the Fire Policy should be to minimise the risk of fire, reduce its spread and provide a clear means of escape. This policy should also cover those with special needs such as the disabled, elderly needing obvious care, short term special needs such as pregnancy or broken limbs as they may need additional time to vacate your building.
What constitutes a Fire Risk Assessment?
• Identifying fire hazards such as sources of ignition, fuel or oxygen
• Identifying all people at risk in and around the premises
• Evaluating the risk of a fire starting or the risk to people from a fire
• Removing or reducing fire hazards or risks to people from a fire
• Protecting people by providing fire precautions
• Recording any major findings and actions
• Preparing an emergency plan
• Informing and instructing any relevant people
• Providing training for staff and guests
• Reviewing the fire risk assessment regularly and make changes where necessary
• Keeping accurate fire risk assessment records
What records must I keep?
The responsible person must keep records on risk assessments, the current fire safety policy, procedures, training and drills. The routine maintenance of all fire alarm systems and emergency lighting and extinguishers must also be recorded.
What training must I provide?
All employees must be given fire safety training when they commence employment and refreshers as is necessary – this would include the use of extinguishers. All people in your building must be considered as much as employees, visitors, members of the public - even trespassers!
How do I meet the requirements of the order?
The order states that if you are the responsible person, you must make sure you carry out a fire-risk assessment although you can pass this task to a ‘competent person’.
How do I determine that a person is competent?
Undertaking a course with NICEIC and JPD Training should qualify a person as competent. For more details contact our advisors on 0870 438 2573 or visit www.jpd.co.uk
Who will regulate this legislation?
Local fire and rescue services and in certain premises the Health & Safety Executive, MoD and local authority environmental health departments will administer the order. Inspectors will be allowed to inspect premises, question people and identify the ‘Responsible Person’ (RP) and the ‘Competent Person’ (CP). If you do not meet the requirements of the Regulatory Reform (Fire Safety) Order, the fire authority can issue a formal notice to prevent all or part of your premises being used.
You could face two years in prison and also a heavy fine of £5,000 as well as carrying the moral burden of not appearing to care about your staff, customers and other visitors. This is in addition to having your business or building possibly closed down but certainly its effectiveness seriously compromised. In the event of a fire at your premises, it is quite possible that your insurance company may dispute making payment if you haven’t got actioned and recorded risk assessments. Do not forget that the current (pre October 2006) fire certificates lose their legal status from 1 October 2006 onwards.
Commercially can you afford not to comply?
Whilst a fire risk assessment could be achieved without the need for any specialist support or training, it might be a time consuming activity for the ‘responsible person’. It is also critically important that the responsible person is fully capable of reviewing all aspects of risk assessment should he/she decide to do so.
It may be more effective to consider calling in the help of a risk assessment expert who will be able to provide you with advice on any necessary or desirable actions to ensure compliance.
If you would like to find out more about the Regulatory Reform Order compliance training course, please contact NICEIC Training on 0870 013 0389 or JPD Training on 0870 438 2573.