The Regulatory Reform (Fire Safety) Order 2005 Highlighting the Changes

1. The Regulatory Reform (Fire Safety) Order 2005Highlighting the Changes 12th December 2006 Howard Passey BEng(Hons) Fire Engineering MIFireE Education & Training Director

2. Introduction – History of Fire Safety • ROME • LONDON • EDINBURGH • PARIS • PAISLEY • KEIGHLEY • LIVERPOOL • BOLTON • SAFFRON WALDEN • BRADFORD • MANCHESTER • KING’S CROSS • EUROPE • MODERNISATION & REFORM

3. Until Recently

4. The Present • Five Schedules: • RISK ASSESSMENT - DANGEROUS SUBSTANCES, YOUNG PERSONS • AMENDS PRIMARY LEGISLATION • AMENDS SUBORDINATE LEGISLATION • REPEALS PRIMARY LEGISLATION • REVOKES SUBORDINATE LEGISLATION • Five Parts: • GENERAL PROVISIONS • FIRE SAFETY DUTIES • ENFORCEMENT • OFFENCES & APPEALS • MISCELLANEOUS Statutory Instrument 2005 No. 1541 The Regulatory Reform (Fire Safety) Order 2005

5. Highlighting the Changes Applies To ALL Premises – Except Dwellings

6. Highlighting the Changes • The Responsible Person: • Employer • The person with Control • Owner

7. Highlighting the Changes • SAFETY ASSISTANCE • The Responsible person must : • Appoint at least One person to provide “safety assistance” • Ensure there are sufficient numbers of them and have sufficient time to do the job • The Safety Assistant: • Must be Competent • (must have “sufficient training & experience or Knowledge and other qualities to properly assist in undertaking the prevention & protection measures” ) • Should be an employee • If not an employee, must be provided with all relevant information • Some allowances for self employed and partnerships (with provisos)

8. Highlighting the Changes How to comply: COMPLIANCE Secretary of state shall issue guidance –before order comes into force Competent Person(s) Responsible Person Issued Guidance

9. Guidance Information & Advice Entry Level Guide For very simple premises, CFOA have formulated a short guide which has now been published by the DCLG

10. Guidance Information & Advice • The new guidance documents • 11 proposed dealing with; • 1 – Offices & Shops • 2 – Factories & warehouses • 3 – Sleeping accommodation • 4 – Residential care premises • 5 – Educational premises • 6 – Small and medium places of assembly • 7 – Large places of assembly • 8 – Theatres and cinemas • 9 – Outdoor events • 10 – Healthcare premises • 11 – Transport premises and facilities

11. Guidance Information & Advice Nine are already available but all guides follow a standard format and deal with both PREVENTIVE and PROTECTIVE measures

12. Prevention & Protection Measures Carry out fire risk assessment Record significant findings if 5 or more employees, licence required under statute, or if alterations notice has required it Adopt general fire precautions duties Use “Principles of Fire Prevention” Make Fire Safety Arrangements:- The Fire Safety Arrangements Should Address Dangerous substances and areas they are in Fire fighting & detection equipment Emergency routes, exits & illumination Signage Maintenance Information to employees & others Training for employees Coordination & cooperation between Responsible Persons Highlighting the Changes

13. Highlighting the Changes ULTIMATELY – AN OFFENCE TO FAIL TO COMPLY WITH:- GENERAL DUTIES A NOTICE MAINTAIN MEASURES PROVIDED TO PROTECT FIRE FIGHTERS ENFORCEMENT ENFORCING AUTHORITIES APPOINT INSPECTORS; ENTER PREMISES & INSPECT ISSUE NOTICES; ALTERATIONS ENFORCEMENT PROHIBITION

14. Highlighting the Changes DETERMINATION BY SECRETARY OF STATE APPEAL THROUGH COURT SYSTEM APPEAL OR CHALLENGE? DEFENCE OF “BEYOND POWER OF RESPONSIBLE PERSON”

15. Highlighting the Changes Will Standards Of Fire Safety In Occupied Premises Fall, Stabilise Or Improve ? If Guidance Is Seen As User Friendly And Helpful If It Is Used By Responsible Persons And Competent Persons If Applied Consistently By Enforcing Authorities No Reason For Standards Not To Improve Risk Assessments Will Be Carried Out & Recorded Where Needed

16. However Evidence from Enforcing Authorities regarding how past and current fire precautions have been complied with is not healthy! Majority of premises visited have not carried out a risk assessment Most of them were not even aware of the need for one Even Fire Certificates only used when they received “the visit” Highlighting the Changes

17. Highlighting the Changes LOOKING FORWARD F&RS’s are Gearing up LEGALLY May Be Radical Increase In Enforcement Activity “The Word” May Get Around Occupied Premises If So – Standards Of Fire Safety May Benefit

18. What More Could Be Done To Assist During This Transitional Time? Could Insurance Companies Assist? No risk assessment – policy affected Some partnerships established with F&RS Small Businesses Not likely to have capacity to appoint own employee as Safety Assistant – Enter the “Fire Consultant” Third Party Accreditation Electrical/Gas Engineers need it What about the Fire Engineer? Highlighting the Changes

19. Highlighting the Changes – In Summary

20. Highlighting The Changes – The Regulatory Reform (Fire Safety) Order 2005 Howard Passey BEng(Hons) Fire Engineering MIFireE Education & Training Director THANKS