Future of fire safety
February 1st 2004

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 that 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 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 June 2004 with companies being given a 3-month lead in period. 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. 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 clarify the purpose of fire fighting equipment in premises. It is made clear that fire-fighting equipment is 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. In addition there will be a civil liability if there is a breach of duty and an employee is caused harm. 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). This makes for the interesting thought that when the Fire Service attend a fire in the future, as we will have a duty to prevent fire spread plus our existing duty to prevent fires, will there automatically be a question mark against a legal contravention having taken place as a fire has occurred? Although this may appear harsh it is no different to the HSE attending an accident in the workplace where an injury has occurred. However, this change must also be viewed in relation to other factors. Following on from the recent strikes the Government has published its White Paper on the Fire Service. The operational side of the Fire Service is being moved away from its existing basis for attending fires, to a risk based system. Targeted on life risks, we may see a relocation of fire service resources. This may culminate in cuts to existing attendance to fire calls both in the number of appliances sent, and in the time of attendance. The new focus will be on life safety, which may bring with it a fluid fire service that moves with the population. There is a possibility therefore that the business sector may receive a slower attendance than at present, dependent upon its location. 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. 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. If you have read this article and think that it wont happen to you, consider the facts that arson is still increasing and one third of all businesses that are unfortunate to suffer a severe fire will not recover. Dont let your company become a statistic!

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