Regulatory Reform ( Fire Safety ) Order
Came into force 1st October 2006
Fire Risk Assessment
Responsible Person
Competent Person
Maintenance of Equipment
Information / Consultation / Training
Inspection / Enforcement
Personal liability
Guidance on www.communities.gov.uk

Duty to take general fire precautions
Responsible person must –
Take such general fire precautions as will ensure, so far as is reasonably practicable the safety of any of his employees.
In relation to relevant persons who are not his employees , such general fire precautions as may be reasonably be required in the circumstances of the case to ensure that the premises are safe.

Duties fall on “Responsible Person”
This person who owns the premises or business or the person with control over the premises, business activity.
Where two or more responsible persons share responsibility, those persons must cooperate, share information and collaborate to provide measures

Responsible Person Must –
Carry out Fire Risk Assessments
Develop procedures ( particularly evacuation )
Provide Staff Training and Fire Drills
Provide clear means of escape, signs, notices, emergency lighting,
fire detection alarms and extinguishers
Appoint one or more competent persons to assist him

Responsible Person Must Have –
1. A Policy
Develop a policy minimising risk
Reduce the risk of outbreak of fire
Reduce the risk of spread of fire
Provide means of escape
Demonstrate preventative action

Responsible Person Must Have –
2. Procedures
To include regular fire drills, the circumstances that trigger the emergency, how evacuation takes place and re-admission
Ensure means of escape at all times
Provide fire detection / extinguishers etc
Gives appropriate instructions to employees
Ensure non employees controlled and informed

3. Fire Risk Assessment
In writing, if 5 or more persons, if there is a license in force or alterations notice requiring you to do so
Must record significant findings and measures made or to be made
Must be reviewed regularly or if there are any changes that may effect fire safety

4. Fire Safety Arrangements
Must have a system for managing fire safety which gives effect to the arrangements having regard to size of understanding and nature of activities
Must have effective planning, organisation, control, monitoring and review of preventative and protective measures

5. Records
Keep records to prove you acted responsibly
Records to include reviews of assessments, policy, procedures and arrangements,
training records, drills, certificates for installation and maintenance of fire safety
systems or equipment.
Inspector can demand to see records

Risk Assessment
Cornerstone of the order
Must be “suitable and sufficient”
Specific assessment for young persons (under 18`s) or where dangerous substance
liable to be present in or on premises
Regular review and amendment if needed

Fire Fighting and Detection
Premises must be equipped with appropriate fire-fighting equipment, fire detectors and alarms
Any non automatic fire-fighting equipment must be easily accessible, simple to use and indicated by signs.

Dangerous Substances
Anything explosive, oxidizing, extremely flammable, highly flammable or flammable whether or not so classified under CHIP
Any substance which, because of its physicochemical or chemical properties, creates a risk
Any dust etc which can form an explosive mixture or atmosphere
Areas to note
Risk assessment must include the safety of fire officers attending the fire
Information to be given to Fire Officers on particular risks in or on the premises prior to tackling the fire
Control measures to prevent risk to Fire Fighters e.g. fire resistant cabinets

Duties on employees
To take reasonable care of himself and others who be affected by his act or omission
Co-operate with his employer
Inform employer of any work situation which he reasonable considers represents a serious and immediate danger to safety and any shortcoming in the employer’s arrangement for safety

Competent Persons
Must have “..sufficient training, experience and knowledge…”
If directly employed must ensure properly trained
If sub contractor must be competent which implies some form of party accreditation

Competent Person –
If in responsible person’s employment must be appointed in preference contractor
Can include anyone from risk assessor to fire warden or even fire alarm service engineer

Competent Persons
Must appoint to –
Carry out fire fighting duties
Make a contract with emergency services
Assist in evacuations

Any person completing the fire risk assessment must be competent to do so.
The ODPM has made it clear that any consultant giving advice must be competent or they can be liable to prosecution.
If an offence is committed through negligence or failure on the part of a contractor then the fire authority can take action against the contractor and / or the “responsible person”

Provision of information to employees, which is comprehensible
To parents of any child employed
On details of any dangerous substances on or in the premises including safety data sheets etc
To employees from any outside undertaking working in or on the premises

Training
All employees must be given adequate training when they commence employment and receive refresher training as appropriate
Must carry out regular fire drills
Training must be during normal working hours

Duties on employees
To take reasonable care of himself and others who be affected by his act or omission
Co-operate with his employer
Inform employer of any work situation which he reasonable considers represents a serious and immediate danger to safety and any shortcoming in the employer’s arrangement for safety

Enforcement
Deficiency Notices / Action Plans
Alteration notices
Enforcement notices
Prohibition notices
Appeals against Notices to Magistrates` Court
Formal Cautions
Prosecution

Enforcement
By inspectors, usually Fire Officers but can be HSE, MoD or Local Authority
Powers now akin to that of Health and Safety Inspector
Obstruction is an offence

Enforcement Targets of FO`s & EHO`s
Houses in Multiple Occupation
Hotels
Halls of Residence
Hostels etc
Unlikely to be much “cold calling” to businesses unless they receive a specific complaint

Personal liability
Who can be liable?
A director, manager, secretary or similar officer of the company or
A person purporting to act in such a capacity

What makes you liable
A breach in regulations plus:
Consent
Connivance
Attributable to any neglect

Penalties
Fines in Magistrates` Court up to £5,000
In Crown Court unlimited and up to 2 years imprisonment or both

Defence
The only defence is for the person charged to prove that he took all reasonable precautions and exercised all due diligence
Onus of proof on defendant

Maintenance of equipment
Any facilities, equipment or devices provided in order to safeguard persons must be subject to a suitable system of maintenance and are maintained in an efficient state, efficient working order and good repair
The person who does the maintenance, can also be a “responsible person” so must be competent. Cowboys beware!!

Guidance
There are eleven guides that accompany the new Fire Safety Order
To date only eight have been published