Fire safety - an update
February 1st 2005

Fire safety is at present going through a dramatic change within this country. Since 1971 certain types of premises have been controlled with prescriptive standards by use of fire certificates. The problem with this system however, is that it is slow to change and does not keep up with the needs of the commercial world. In addition, due to its prescriptive nature, it is sometimes difficult to react to new technology. In 1997 the Fire Precautions (Workplace) Regulations were introduced. This modern goal based approach did not however apply to all people within premises, as it is an employer/employee regulation. We now have workplaces which are covered by both the old prescriptive system and the new style goal based system at the same time. Conflicts do and have occurred, as they have with many other traditional fire safety laws within this country.

Due to all these issues and other factors, a new piece of all encompassing fire safety legislation has been drafted. The Regulatory Reform (Fire Safety) Order 2004 is a goal based fire safety regulation. It is based predominantly on the Fire Precautions (Workplace) Regulations and the Dangerous Substances and Explosive Atmosphere Regulations, but has been expanded to include other factors. The intention is that this regulation will be in force by either the end of 2005 or early 2006. The majority of existing fire safety legislation will be scrapped including the Fire Precautions Act (Fire Certificates) and the Fire Precautions (Workplace) Regulations.

The new regulations will be risk assessment and goal based. It will apply to all workplaces/premises including the self employed, with only a few minor exceptions. The person responsible for ensuring compliance will normally be the employer; however it could be some other person such as the occupier, owner, landlord, contractor or person in overall management of premises. It may even apply to the voluntary sector.

All existing duties under the Fire Precautions (Workplace) Regulations are re-imposed, however there are additional duties. There is a duty to prevent fire spread, a duty to maintain Building Regulation standards for the use and protection of the Fire Service, plus the new regulations should clarify the purpose of fire fighting equipment in premises. Fire-fighting equipment will be present to enable a small fire to be attacked, and by doing so preventing fire spread.

Should enforcement action be taken, the burden of proof will be on the responsible person to demonstrate that they did everything that was reasonably practicable, as is the case in H&S legislation. The recent introduction of a civil liability if there is a breech of duty and an employee is caused harm will continue.

As now there will be a duty to appoint one or more employees to assist in ensuring compliance with the regulations e.g. Fire Manager or Fire Marshall. There will be a duty to develop emergency procedures, inform and train staff.

Effectively this new regulation passes the ownership of fire safety in premises from the Fire Service to the Responsible Person. The role of the Fire Service will be one of enforcement (not unlike the HSE).

However, this change must also be viewed in relation to other factors within the fire world. The operational side of the Fire Service is being moved away from its existing basis for attending fires, to a risk based system. We are already seeing a reduction and/or a relocation of fire service resources, as the Fire Services implement their Integrated Risk Management plans.

It would be prudent for the responsible person to assess the implications these changes may have on their premises, especially when considering business losses and business continuity. As expected, the insurance world is already reacting to this and other fire issues. Requirements are being imposed by insurers prior to insuring premises. For example, a sprinkler system may be required in certain premises for building protection reasons.

As can be seen from this article, the changes in fire safety are dramatic both in content and speed.

Employers and other responsible persons need to be proactive and put systems in place prior to the changeover. The best method of achieving this is to plan and prepare now to include the training of staff at various levels so as to ensure fire safety is implemented and maintained. A good system would include one or more staff who would have the knowledge to manage fire safety measures within the company and staff who are competent to undertake a fire risk assessment of the workplace. In addition you will need sufficient Fire Marshals and/or other staff as necessary to implement and conduct suitable measures for fire prevention, fire protection and the safe evacuation of premises.

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