The Burning Issue - Two Years On

On 1st October 2006, two new pieces of legislation came into force – the Regulatory Reform (Fire Safety) Order 2005 (RRO) and the Fire (Scotland) Act 2005 (FSA). The new legislation made significant changes to previous legislation and consolidated regulations for general fire safety precautions.

The Fire Safety Order (FSO)

The FSO was introduced to simplify compliance with fire safety legislation. Following the introduction, regional authorities made available information to help businesses fulfil their obligations and duties with respect to the FSO. The legislation applies to all premises with the exception of:

• Domestic premises
• Offshore installations   
• Ships and ship-board activities
• Fields and woods etc.
• Means of transport
• Mines; and
• Bore-hole sites.   

As a result of changes, Fire Risk Assessment is now the main function for compliance by occupiers. The assessments should be carried out by the nominated ‘Responsible Person’ or by a specialist brought in to carry out this duty. 

Fire RIsk Assessment

A Fire Risk Assessment is an organised and methodical look at the premises and the activities within the premises, the potential for fire to occur and the harm it could cause to people in and around the premises. Existing fire measures are evaluated and kept under review to establish whether they are adequate or more needs to be done. There are five steps in the assessment process:

Step 1 - Identify People at Risk

Identify the number and capability of those working, occupying or residing at your premises, take into consideration customers, visitors and contractors. People with disabilities will have difficulty with perception of fire, hearing or responding to the alarm, this may include difficulties with leaving the building. In addition, staff or visitors may not be able to evacuate the premises promptly because they are frail or they could be parents with young children.

Step 2 - Identify Fire Hazards

This step involves the identification of potential ignition sources, things that can start a fire or act as a fuel helping it burn.

A fire needs three component parts to start and exist, these are:

• Source of Ignition, a naked flame, a spark, heat from an overloaded electrical component etc.
• Fuel, flammable material, paper, wood, fabric, gas, or flammable liquids etc.
• Oxygen, this is the main source and is in the air around us.

Take away any of these three sources and this will help prevent or even stop a fire.

Step 3 - Evaluate Risk and Decide if Existing Fire Safety Measures are Adequate

A critical examination should be conducted and used to identify potential accidents and acts or omissions which might allow a fire to start. Arson must be considered.

Having considered the chances of a fire starting, in conjunction with the people likely to be at risk should a fire occur, the extent of actual risk to those people must be considered.

When evaluating risk to people, thought must be given to how and where fire may spread and how this could affect fire escape routes.

The following principles must be considered when implementing fire safety measures:

• Avoiding risks
• Evaluating risks which cannot be avoided
• Tackling risks at source
• Making use of technical progress
• Replacing dangerous items with those that are not dangerous or are less dangerous
• Developing a coherent fire prevention policy, incorporating technology, organisation in the workplace and instruction to employees.

Having identified fire hazards in Step 2, risks should be avoided by removing or reducing sources of ignition, fuel and, if possible, oxygen. If hazards cannot be removed, measures should be taken to reduce risks. Fire arrangements should be introduced to reduce the likelihood of fire and the spread of fire; to provide a means of escape; to fight a fire; detect and give warning; action in the event of a fire and fire training.

Step 4 - Record Fire Safety Risk Assessment Information

Where there are five or more employees, it is a legal requirement to document a Fire Risk Assessment. Many regional fire authorities provide a preferred format which they encourage occupiers of premises to use in their own areas. The NorthgateArinso Health & Safety team can provide you with a general Fire Risk Assessment document on request.

Ensure the following information is recorded:

• Significant findings of your assessment
• What you have done to remove or reduce risk
• Action to be taken
• Persons at particular risk
• Fire arrangements for the effective planning, organisation, control, monitoring and review of fire safety measures.

Information must be available for inspection by the enforcing authority.

Step 5 - Review of Fire Safety Risk Assessment

A regular review of the Fire Risk Assessment should be carried out. If fi ndings are considered to no longer be valid, if signifi cant alterations have been made to the premises or working activities or if a fi re has occurred, a review must be organised.

Note: A responsible person is someone who is responsible for managing fi re safety arrangements; this could be the owner of the business, the premises or a nominated person. The responsible person must clearly understand their duties. It is worth noting that a nominated responsible person cannot absolve fully the responsibility for the organisation.

Who Should Conduct the Fire Risk Assessment?

For many businesses, completing a Fire Risk Assessment is a straightforward task, however, where complexities arise due to the nature of the business, size of the premises, types of stock etc, expert help should be arranged.

The Institute of Fire Engineers (IFE) provides a directory of accredited fi re risk assessors, your local Fire and Rescue Service will also know of experts in your local area. Always confi rm the credentials of any potential company used to complete your Fire Risk Assessment.

Enforcement   

Enforcement of the FSO is the responsibility of the Fire Authorities and Fire Rescue Service in the majority of premises. Enforcement Offi cers can enter a premises at any reasonable time in the interest of fi re safety. In situations where an Enforcement Offi cer considers that the risk to life in the premises is so dangerous that immediate action is warranted, a Prohibition Notice will be issued.

A visiting officer will usually arrange an appointment and concentrate on the following issues:

• That the occupier has carried out a suitable and suffi cient Fire Risk Assessment
• That the occupier has prepared an ‘Action Plan’ identifying any defi ciencies and prioritising these into a logical order.
• That the ‘Action Plan’ is being addressed.

Conclusion

One of the first cases where the Regulatory Reform Fire Safety Order was used, setting a legal precedence resulted with a business owner being fi ned £10,000 and ordered to pay costs of £15,000.

The introduction of the new fire legislation relies on a risk based approach providing owners / occupiers with clearly defi ned duties in the interest of fi re safety. Help and advice is readily available from the local fire service or via useful websites (see below); there is no excuse for non compliance.

Useful Websites

• The Institute of Fire Engineers
  www.ife.org.uk
• General Fire Information
  www.fire.org.uk
• Fire Information (Scotland)
  www.infoscotland.com/firelaw
• Fire Information (England/Wales)
  www.rrfso.info/firesafety