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**IMPORTANT CHANGES TO
FIRE SAFETY LEGISLATION**
The
Office of the Deputy Prime Minister is responsible for Fire Safety legislation
in the
In
May 2004 the Regulatory Reform (Fire Safety) Order was laid before
Parliament for review and process. After several delays, it is anticipated that
it will come into effect during October 2006
This
piece of legislation is designed to roll up nearly all the preceding pieces of
UK Fire Safety legislation into one comprehensive law. It's most significant
actions in this respect are to repeal the Fire Precautions Act 1971 and to revoke the Fire
Precautions (workplace) Regulation 1997. The latter represented a significant shift
of emphasis of the law toward Risk Assessment and it is in this direction that
the new Order continues.
Here is a brief summary of the significant parts of the Order that
affect all of us who run a business or institution located in a building,
based on the key words used and their meaning and significance: -
|
Key words |
Meaning and significance |
|
|
|
|
Responsible Person |
The person who owns
or controls the business or premises. (Where two or more such persons share
responsibility (ie Landlord / Tenant) they are obliged to co-operate.) This
person is responsible for the safety of the Employees and other Relevant Persons by
properly managing the following: -
These terms are
amplified below. The Responsible
Person must appoint one or more Competent Person(s) to assist in
the delivery of the above. Failure to carry out
these responsibilities may result in Enforcement by the Enforcing
Authority through the actions of an Inspector. Conviction of
failing to comply may lead to a penalty consisting of a fine or up to two
years imprisonment. |
|
Competent Person |
This could be an
employee or an outside contractor (ie Fire Extinguisher Engineer).
Competence is demonstrated through sufficient training, experience
and knowledge. A Competent Person must be appointed to carry out Fire
Fighting duties (where appropriate), contact the Emergency Services, and
assist in evacuations. This person would typically be a "Fire
Warden". |
|
Employee |
A broad term which
can include sub contractors, self-employed and casual workers. The Responsible
Person must consult employees on Fire Safety matters and provide them
with information. An employee must not act in a way that endangers himself or others and must co-operate with the employer. |
|
Relevant Person |
Anyone other than an
employee who may be on the premises or affected by an incident arising in the
premises. |
|
Enforcement |
Failing to comply
with the relevant articles of the Order may result in a fine or up to two
years imprisonment. |
|
Enforcing Authority |
Usually the local Fire Brigade, but the HSE, MOD and Local
Authority are also responsible for specialised establishments under their
control. |
|
Inspector |
Usually the local Fire Officer. He may enter a premises (but not
by force) to inspect, ask about the extent of the premises and the
identity of the Responsible Person, inspect or copy
Fire Safety Records, and take samples of certain
materials. |
|
Fire Risk Assessment |
This is the central plank of the Order and must be formally
recorded if the Responsible Person employs 5 or more people, or if the premises
are licensed or the Inspector requires it. The
Fire Risk Assessment must record
significant findings and any action required
as a result of the findings. It must
be reviewed regularly and when any significant changes to the building or
work activity occur. |
|
Policy |
There must be a policy in
place which aims to minimise the risk of fire, reduce the spread of any
fire, provide means of escape, and take preventative action. |
|
Procedures |
Procedures for dealing with a fire must be set up and recorded. They must identify circumstances
that trigger the emergency procedure and give details of the evacuation and
readmission drill. In addition measures must be identified to ensure that
evacuation routes are clear, that Fire Extinguishers are provided and
maintained, that employees are given appropriate instruction or Training, and that visitors are controlled and informed. |
|
Records |
Records should be kept of the Fire Risk
Assessment, Fire Safety Policy, Procedures, Training, Drills, and Installation and Maintenance of Alarms, Emergency Lighting and Extinguishers. |
|
Means of Escape |
Must be provided and kept clear at all times. The
|
|
Signs and Notices |
Appropriate signs must be deployed to mark Evacuation routes,
Fire Fighting Equipment and Fire Doors. Notices must be
displayed reinforcing instructions to employees (Fire Action notice). |
|
Fire Detection and Alarm |
Appropriate Fire Detection and Alarm Systems shall be provided. |
|
Emergency Lighting |
Escape Routes must be provided with Emergency Lighting. |
|
Fire Extinguishers |
Appropriate Fire Fighting Equipment must be provided. |
|
Staff Training |
All Employees must be given
adequate Fire Safety training (during normal working hours) when they
commence employment and receive refresher training as appropriate, or when
circumstances change which affect Fire Safety. |
|
Fire Doors |
Measures must be taken to reduce the risk of spread of fire.
Fire resisting walls and doors must be kept in good order and the doors
equipped with appropriate seals and self closing devices. |
|
|
|
The Order is not always
clear as to what is deemed "appropriate" regarding Fire Safety
measures. However it is generally held that conformity with the relevant
corresponding Regulation or British Standard will give adequate cover in most
circumstances. These are: -
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