Regulatory Reform Order 2005
Peter Barker, Consultant with Chiltern International Fire, discusses the impact of the new fire regulations.
The Regulatory Reform (Fire Safety) Order 20051 (RRFSO) came into effect on 1st October 2006 and will greatly change the current fire safety philosophy for England and Wales.
Previously, fire safety provision was scattered amongst many pieces of legislation, which were sometimes inconsistent and difficult to understand.
The Regulatory Reform (Fire Safety) Order 20051 (RRFSO) came into effect on 1st October 2006 and will greatly change the current fire safety philosophy for England and Wales.
Previously, fire safety provision was scattered amongst many pieces of legislation, which were sometimes inconsistent and difficult to understand.
This led to three key issues, identified by the Office of the Deputy Prime Minister (ODPM) as:
The aim of the reform, therefore, is to simplify and rationalise existing legislation to create one simple fire safety regime that will ultimately save time, money, effort and most importantly lives.
The RRFSO has taken many years to develop and is centred on a risk-based approach to fire safety management. It will attempt to consolidate more than 100 pieces of fire safety legislation; some will be repealed, others amended .The main revocations are the fire certificates issued under the Fire Precautions Act 19712 and the Fire Precautions (Workplace) (Amendment) Regulations 19993 with the mandatory requirement for a fire risk assessment now under the RRFSO.
Under the new RRFSO, therefore, Local Fire Authorities are no longer responsible for providing Fire Certification for premises. Instead, they will solely inspect premises with respect to their fire risk assessments, ensuring that: they have been conducted by an appropriate responsible person; that they are comprehensive and accurate; and that they are up to date.
The requirements of the RRFSO can and will be enforced by relevant fire authorities and, if it is highlighted by the relevant authority that there has been a failure to comply, then the authority must enforce its relevant provisions and serve an enforcement notice. Failure to heed the enforced provisions may lead to closure of the business and premises, or prosecution, and then ultimately fines and/or a custodial sentence for the responsible person.
Subject to some exemptions the RRFSO4 applies in relation to any premises, defined as the following:
"Premises" includes any place and, in particular, includes -
This now means that all buildings that are not private dwellings in England and Wales will have to conform to the new requirements. This will obviously be a difficult and involved task and could be especially arduous for the larger, more complex facilities. Fortunately, this has been recognised by the Local Fire Authorities and there will be "bedding in period" as people adjust and adapt to the new legislation. It will NOT, however, slip in quietly and be forgotten about, as happened with the Fire Precautions (Workplace) Regulations some eight years ago.
Local Fire Authorities are gearing up legally to cope with the changes. There will be an increase in enforcement activity and, as previously mentioned, the RRFSO is a key part of how the Fire and Rescue Service will now operate so it cannot and will not be ignored.
Help and Guidance
To help with the change in fire safety legislation the Office of the Deputy Prime Minister (ODPM) has produced a series of 11 fire safety guides5, covering all places and buildings that fall under the requirements of the RRFSO.
There is a web-based service entitled "e-fire" ( www.e-fire.gov.uk6), a national project also funded by ODPM, which will provide online facilities for premises operators to help them to comply with their legal obligations under the RRFSO. There will also be a "self assessment" tool within e-fire that will allow users to send their risk assessment to the Local Fire Authority for comment and appraisal. The Chief Fire Officers Association (CFOA) has in addition produced a short guide7 with the RRFSO in mind, designed to aid responsible persons in undertaking risk assessments and making sure their premises are safe from fire.
If further help is needed, then it may be necessary to employ the services of a third party, such as a fire consultant or organisation. It is worth noting, however, that it is not sufficient to commission a fire risk assessment and keep it on file - it will have to form part of an overall strategy for fire safety, which will be the task of the responsible person.
The ultimate aim of the RRFSO is to allow adaptable, risk-based, fire safety management so that measures can be put in place to suit the building, its occupiers and its users. By focusing on reducing risk, it follows that the occurrence of fire will be diminished, allowing a more efficient fire service. It is hoped that this approach will improve business continuity and community safety by allowing the fire service to continue focusing on fire prevention rather than fire intervention.
References
- An unnecessary burden on business, which may contribute to business failures;
- Avoidable fires resulting in economic loss and possibly deaths and injuries; and
- A reduction in the efficiency of local and enforcing fire authorities.
The aim of the reform, therefore, is to simplify and rationalise existing legislation to create one simple fire safety regime that will ultimately save time, money, effort and most importantly lives.
The RRFSO has taken many years to develop and is centred on a risk-based approach to fire safety management. It will attempt to consolidate more than 100 pieces of fire safety legislation; some will be repealed, others amended .The main revocations are the fire certificates issued under the Fire Precautions Act 19712 and the Fire Precautions (Workplace) (Amendment) Regulations 19993 with the mandatory requirement for a fire risk assessment now under the RRFSO.
Requirements of the RRFSO
The RRFSO requires that all premises must have:- A responsible person - this is either the employer, occupier or owner of the building who must carry out a fire risk assessment, provide adequate "general fire precautions", consider the safety of all relevant persons, record both the significant findings and the control measures taken and provide adequate training for staff.
- A competent person - who must have "Sufficient training and experience or knowledge and other qualities to properly assist in undertaking the prevention and protection measures". This person will assist the responsible person to fulfil his/her duties (it is possible to have a "competent responsible person"). If there are not any suitable candidates for the role of competent person, then third-party assistance is advised.
- A risk assessment for the premises.
Under the new RRFSO, therefore, Local Fire Authorities are no longer responsible for providing Fire Certification for premises. Instead, they will solely inspect premises with respect to their fire risk assessments, ensuring that: they have been conducted by an appropriate responsible person; that they are comprehensive and accurate; and that they are up to date.
The requirements of the RRFSO can and will be enforced by relevant fire authorities and, if it is highlighted by the relevant authority that there has been a failure to comply, then the authority must enforce its relevant provisions and serve an enforcement notice. Failure to heed the enforced provisions may lead to closure of the business and premises, or prosecution, and then ultimately fines and/or a custodial sentence for the responsible person.
Subject to some exemptions the RRFSO4 applies in relation to any premises, defined as the following:
"Premises" includes any place and, in particular, includes -
- any workplace
- any vehicle, vessel, aircraft or hovercraft
- any installation on land (including the foreshore and other land intermittently covered by water), and any other installation (whether floating, or resting on the sea bed or the subsoil thereof, or resting on other land covered with water or the subsoil thereof); and
- any tent or moveable structure.
This now means that all buildings that are not private dwellings in England and Wales will have to conform to the new requirements. This will obviously be a difficult and involved task and could be especially arduous for the larger, more complex facilities. Fortunately, this has been recognised by the Local Fire Authorities and there will be "bedding in period" as people adjust and adapt to the new legislation. It will NOT, however, slip in quietly and be forgotten about, as happened with the Fire Precautions (Workplace) Regulations some eight years ago.
Local Fire Authorities are gearing up legally to cope with the changes. There will be an increase in enforcement activity and, as previously mentioned, the RRFSO is a key part of how the Fire and Rescue Service will now operate so it cannot and will not be ignored.
Help and Guidance
To help with the change in fire safety legislation the Office of the Deputy Prime Minister (ODPM) has produced a series of 11 fire safety guides5, covering all places and buildings that fall under the requirements of the RRFSO.There is a web-based service entitled "e-fire" ( www.e-fire.gov.uk6), a national project also funded by ODPM, which will provide online facilities for premises operators to help them to comply with their legal obligations under the RRFSO. There will also be a "self assessment" tool within e-fire that will allow users to send their risk assessment to the Local Fire Authority for comment and appraisal. The Chief Fire Officers Association (CFOA) has in addition produced a short guide7 with the RRFSO in mind, designed to aid responsible persons in undertaking risk assessments and making sure their premises are safe from fire.
If further help is needed, then it may be necessary to employ the services of a third party, such as a fire consultant or organisation. It is worth noting, however, that it is not sufficient to commission a fire risk assessment and keep it on file - it will have to form part of an overall strategy for fire safety, which will be the task of the responsible person.
The ultimate aim of the RRFSO is to allow adaptable, risk-based, fire safety management so that measures can be put in place to suit the building, its occupiers and its users. By focusing on reducing risk, it follows that the occurrence of fire will be diminished, allowing a more efficient fire service. It is hoped that this approach will improve business continuity and community safety by allowing the fire service to continue focusing on fire prevention rather than fire intervention.
- Chiltern International Fire has more than 30 years' experience of fire safety management and offers research, testing and consultancy services. Website www.chilternfire.co.uk. For further information telephone 01494 569800 or email pbarker@chilternfire.co.uk.
References
- Regulatory Reform (Fire Safety) Order 2005 SI 2005 The Stationery Office 2005
- Fire Precautions Act 1971, The Stationery Office 1971 ISBN 0 10 544071 X
- Fire Precautions (Workplace) (Amendment) Regulations 1999 SI 1999/1877 The Stationery Office 1999 ISBN 0 11 082882 8
- Regulatory Reform (Fire Safety) Order 2005 SI 2005 The Stationery Office 2005 ? Taken from Part 1, Article 2: Interpretation
- Guides to Fire Safety (expected publish date Jan 2006) Office of the Deputy Prime Minister (ODPM) see: www.tsoshop.co.uk/bookstore
- www.e-fire.gov.uk
- A Short Guide To Making Your Premises Safe From Fire (publish date TBC), Chief Fire Officers Association (CFOA)
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