Fire Safety - the New Regime
22nd September 2006
In October 2006 the Regulatory Reform (Fire Safety) Regulations
will come into force, changing the current fire safety
regime, and rendering (where they were required) fire
certificates obsolete. The new regulations require the
majority of property occupiers to carry out a fire risk
assessment. This will apply to all licensed premises as
well as complying with any licensing requirements.
The duty to carry out a risk assessment and implement
any recommendations is placed upon the "responsible
person".
The "responsible person"
The responsible person is:
-
The employer, if the place of work
is under it's control (where they have an obligation
for it's repair and maintenance i.e. under a lease);
or
-
The owner of the premises (for example
where the premises are not leased but owned outright);
or
-
The person in control (where they
have an obligation for its repair and maintenance i.e.
under a lease) of premises in connection with the carrying
on of a trade.
The responsible person must also nominate
a "competent person" to carry out the requirements
under the new regime and failure to do so will amount to
breach of the regulations. The competent person must have
suitable training and experience and other suitable qualities
so that they can carry out the duties of the responsible
person.
The duties upon the responsible person are:
-
Fire risk assessment - to procure
that a risk assessment is carried out and take whatever
action and carry out any works, and install any fire
precautions that the assessment recommends. The assessment
must also be reviewed and kept up to date, especially
after any works or alterations have been made. The assessment
should be a living document and should continually evolve
and be held under continuous review. The information
from the assessment must also be recorded if there are
5 or more employees.
-
Means of escape - a means of escape
must be designated, relevant signs and notices erected,
and a suitable fire alarm system and emergency lighting
provided.
-
Fire fighting equipment - suitable
fire fighting equipment must be provided and maintained
by a competent person (i.e. ISO9001 or BAFE approved).
-
Training - all employees must be
trained (during working hours) in fire safety procedures
(this includes fire drills) and provided with all necessary
fire safety information and details of any fire escape
procedures. Their training should be kept up to date
and renewed where required (i.e. after any material
alterations to premises or escape routes etc). Fire
wardens should be appointed, together with competent
persons (who have had suitable training etc) nominated
to help with evacuations, contacting emergency services
and to carry out other duties of the responsible person.
-
Policy and procedures - a fire safety
policy (to minimise the risk of fire and provide preventative
measures) and evacuation procedures must be put in place.
The responsible person must also co-operate with any
other responsible person as to fire procedures and maintaining
fire safety where required (i.e. with a landlord of
common parts).
Enforcement of the regulations will be carried out by
the local fire authority who may appoint inspectors (as
under the current regime) to enter premises to inspect,
consult records, take samples and make any other enquiry
necessary to ascertain compliance with the provisions
of the new regulations.
Penalties
The price for not complying with the new regulations
ranges from a fine of £5,000 in the magistrates
court up to an unlimited fine and/or two years imprisonment
in the high court. However, it will of course be a defence
to any prosecution for breach of the duty to comply with
the new fire regulations if it can be proven that all
reasonable fire safety precautions were taken.
A word of caution
In view of the penalties, compliance with the new regime
is a serious requirement for the responsible person, although
caution must be exercised over the choice of risk assessment
contractor.
The responsible person must ensure that the contractor
employed is both properly qualified and competent, as
compliance with the regulations is dependant upon the
contractor on whom they rely. The choice of a poor contractor
may not be a defence against any action for failure to
comply with the new regulations and the payment of a high
fee is no guarantee of adequacy. Therefore, it is best
to get a recommendation.
The above is a general guide to the principles under
the new regulations, although for detailed advice a fire
risk assessment professional should be consulted. Please
contact a member of the licensing team should you have
any queries arising.
© Davenport Lyons 2007. All rights
reserved.
This document reflects the law and practice as at September
2006. It is general in nature, and does not purport in any
way to be comprehensive or a substitute for specialist legal
advice in individual circumstances.
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