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News & Developments
Regulatory Reform (Fire Safety) Order
Update February 2006:
Seminar held at West Yorkshire Fire Service Headquarters, Bradford 15th February 2006

This was one of a series of seminars held throughout the UK serving to shed some light on the new Regulatory Reform (Fire Safety) Order (RRFSO). The meeting covered a range of topics including what our obligations are as 'responsible persons' charged with ensuring a risk assessment is carried out to where we can get help and advise regarding the RRFSO. Some of the general points made are outlined below.
The guidance documents (there will be 11 - covering each of the main categories of premises) will be delayed for some time. They may be available in Autumn this year but it may well be Spring 2007 before they are appear. Enforcement of the order should follow the publication of the guidance documents. However, the advise is do your risk assessment now. Keep in mind that the 'Fire Precautions (Workplace) Regulations 1997' and 'Management of Health and Safety at Work Regulations 1999' require that a suitable risk assessment be carried out already. It is the detail and scope of the new order that will require our attention.

The Office of The Deputy Prime Minister indicated that the need for this RRFSO arose as a result of piecemeal development in fire safety matters in the past, specifically

  • Overlapping legislation
  • Overlapping enforcers
  • legislation was difficult to understand
  • legislation was difficult to comply with and enforce
The new order will give emphasis to fire prevention equating this with fire protection. This was given weight from the fire statistics which indicated that a total of 180,000 fires occurred in the UK per annum resulting in 30 deaths and 1,500 injuries.

The reformed law will apply to all places people go for work or leisure except

  • Domestic premises (private dwellings)
  • Offshore installations (oil rigs etc)
  • Ships (when being used by the master & crew)
  • Agricultural & Forestry land away from the main buildings
  • Mines (underground parts)
  • Boreholes

So you can see it covers just about everything. The guidance notes (when they arrive) will clarify this.

 

It is not intended to give a verbatim account of the seminar. The main points are as follows.

  • The Reform Order is due to be introduced in April 2006
  • Due to delays in producing the guidance documents, the introduction of is legislation is likely to be delayed until Autumn 2006 or possibly Spring 2007.
  • A 'responsible' person must conduct a fire risk assessment for the building they occupy/own/run etc.
  • Fire certificates will cease to have legal status once the reform order is introduced.
  • Fire Officers will inspect premises and will want to see the fire risk assessment.
  • Do your fire risk assessment now.
  • Fire Officers will help and advise but will not write the risk assessment for you.
  • Fire Officers will have powers to remove samples of materials for testing at the time of their inspection.
  • If you contract out the risk assessment to an 'expert' then you have to ensure their credentials are good. Look for Third Party Certification e.g. BAFE (British Approval for Fire Equipment), LPCB (Loss Prevention Certification Board) or BSI.
  • Failing to comply with the Regulatory Order will constitute a criminal (rather than civil) offence with all that entails should a successful prosecution be brought against a person.
  • The new legislation is designed to give uniformity within the fire authorities in the UK and thereby ensuring a level playing field throughout the country with regard to enforcement of fire safety issues.
  • Any proposed changes to a building (e.g. new furniture or furnishings) are not detrimental to the safety of the existing building or its occupants at any time. So if new items are introduced make sure they are covered by the risk assessment and meet appropriate levels of fire safety.
  • Fire authority inspections will be more detailed than in the past.
  • Fire authorities have agreed to cooperate with each other in order to standardise their position with regard to fire safety.
  • If changes to a building are made then the fire authorities must be informed.
  • Contact the fire authorities during the transition period into the adoption of the new legislation if you are not sure about anything. Insurers will also be interested in your risk assessment so contact them as well.
  • Until we see the guidance documents we will not know the detail of that which we are all expected to comply with.
 
Textiles F.R. Limited February 2006