Even with the assistance provided by the Guidance Documents, given the increasing complexity and sophistication of fire protection systems, it is, of course, unreasonable to expect an employer to be an expert in the field of fire protection. Nevertheless, that person is responsible for ensuring that the company and the people employed to carry out a risk assessment, and subsequently install and maintain the fire protection measures, are competent to do so.

Competency

Definitions of competency are somewhat vague. A sample dictionary definition states 'competence - the state of being competent' and 'competent - adequately qualified', neither of which are particularly helpful. A definition employed within health and safety documents goes a little further, stating that - 'To be competent, the person(s) must have sufficient training and experience or knowledge and other qualities needed to be able to properly assist in meeting the requirements. Competent persons must have an awareness of their own limitations.' Unfortunately, while this definition may be sufficient for lawyers, it is of little help to the responsible person seeking help with fire safety matters. In view of the responsible person's legal position under the new legislation, it is important that a competent person/company is selected, however difficult the definition.

A means through which the responsible person can demonstrate that they have satisfied their statutory 'duty of care' is by employing companies whose products and services have been certificated by an independent third party. Although the new Fire Safety Order stops short of making third party certification mandatory, it clearly states that - fire protection equipment should be installed and maintained by a competent person'. The inference is that there needs to be some qualification of competence which should involve an independent third party. Furthermore, the Guidance Notes state that 'Third-party certification schemes for fire protection products and related services are an effective means of providing the fullest possible assurances, offering a level of quality, reliability and safety that non-certificated products may lack.'

The Benefits

Independent third-party certification provides end-users and enforcers with assurance that the fire safety products installed will provide the required level of performance, in compliance with standards and the risk assessment. It also gives assurance to employers that they have taken reasonable steps to fulfil their duty of care responsibilities under the Fire Safety Order.Third-party certification raises levels of public safety by eliminating sub standard products and services, ensuring applications are fit for purpose. It also provides a proper documented audit trail that will make enforcement of the Order easier, reducing the need for the enforcers and building control officers to have high and specific levels of expertise in fire safety systems.

It raises levels of competence in the fire industry and the wider fire community. It drives the industry to embrace all harmonised standards and helps businesses generate better and more efficient processes through having products which comply with the standards, along with staff who are required to have identified qualifications for design, installation and maintenance.

Third Party Schemes

The majority of independent third party certification schemes require the assessment and ongoing audit of the certification body to ensure that they also are competent to undertake their assessments and audits. This is usually undertaken by UKAS (United Kingdom Accreditation Service) in accordance with the requirements of the relevant European Standard.

There are a number of third party certification schemes covering fire precautions. An example which demonstrates how such schemes work is the BAFE adopted SP203 scheme for the design, installation, commissioning and maintenance for fire detection and fire alarm systems.

The basis of the scheme is a document that describes the attributes that are required of a fire protection company wishing to achieve certification. Examples are that they should be able to provide evidence of the quality of their work, have available the appropriate tools for their work and have staff trained in the relevant activities of the company and the tools that they use.

A company that believes it meets the criteria specified in the scheme document applies to a Third Party Certification Board (TPCB) that is licensed by BAFE to operate the scheme. The TPCB would then undertake a thorough assessment of the applicant company and, providing it met the scheme criteria, it would Certificate the company. The company is then able to promote its certificated status as a means of advertising its competence. At intervals, defined in the scheme document, the TPCB visits the fire protection company to audit their work to ensure it continues to meet the requirements of the scheme. Companies that comply with this rigorous inspection become BAFE Registered and will issue the end user with a certificate of compliance for the work they undertake.

Another scheme that has also been adopted by BAFE is for technicians involved in the service and maintenance of portable fire extinguishers to become a BAFE Registered Technician. This requires the candidate to have a nationally recognised qualification supplemented by on the job training and ongoing assessment in the field before they receive their diploma and registered status confirming their ability to make fire safety recommendations covering the provision and maintenance of portable fire extinguishers. Similarly a certificate of compliance for the work they undertake is issued.

A Clear Way Forward

Businesses are increasingly facing a plethora of legislation and an element of frustration at yet another situation to grapple with is understandable. Fire safety is one of many issues that a business owner has to deal with. However, with the cost of business fires at record levels and the Association of British Insurers (ABI) reporting that over £2 million per day is being paid by insurers to compensate businesses for losses due to fire, it is obviously an area where complacency can prove very costly. Moreover, with the new Fire Safety Order replacing the issuing of the traditional Fire Certificate with a risk assessment based regime which places the onus of responsibility squarely with the employer, this is a piece of legislation that, as a life safety issue, a business ignores at its peril. As with any new legislation, it will take time for companies to become familiar with their responsibilities and there will inevitably be a certain degree of confusion. With a robust definition of competency still to be formalised, third party certification schemes certainly offer a clear way forward and, should the situation arise, provide the means to help defend a position in a court of law.

More information is available at: www.bafe.org.uk

Phil Toase, CBE
President, Chief Fire Officers Association (CFOA), Chief Fire Officer and Chief Executive, West Yorkshire Fire and Rescue Service, Chairman, BAFE.

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