DERBYSHIRE COUNTY COUNCIL CABINET MEETING. (Strategic Policy and Budget)

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1 In preparing this report the relevance of the following factors has been considered: financial, legal, prevention of crime and disorder, equality of opportunity; and environmental, health, respect for human rights, personnel and property considerations DERBYSHIRE COUNTY COUNCIL CABINET MEETING (Strategic Policy and Budget) 8 AUGUST 2006 Report of the Strategic Director of Corporate Resources FIRE RISK ASSESSMENTS 1. Purpose of the Report To report on the measures needed to comply with the requirements of the Regulatory Reform (Fire Safety) Order 2005 in County Council Premises. 2. Background Information The Regulatory Reform (Fire Safety) Order 2005 (RRO) will come into force on the 1 st October It replaces most fire safety legislation with one simple order. It means that any person who has some level of control in premises must take reasonable steps to reduce the risk from fire and make sure people can safely escape if there is a fire. The order applies to virtually all premises and covers nearly every type of building, structure and open space. It only excludes people s private homes, including individual flats in a block or house. The main change the RRO introduces will be in emphasis towards risk reduction and fire prevention. Fire certificates will no longer be issued. Responsibility for complying with the Fire Safety Order rests with the 'Responsible Person'. In a workplace, this is the employer, Premises Manager and any other person who may have control of any part of the premises, for example, the occupier or owner. If there is more than one responsible person in any type of premises, all must take all reasonable steps to work with each other. The responsible person must carry out a Fire Risk Assessment which must focus on the safety in case of fire of all 'Relevant Persons' (this includes anyone who is not an employee but is legally on the premises, or anyone who 8 August 2006 Fire Risk Assessment.docPage 1 of 5

2 is not on the premises but who may be affected e.g. the public outside a shop). The Fire Risk Assessment should pay particular attention to those at special risk, such as young people, people with disabilities and those with special needs, and must include consideration of any dangerous substance likely to be on the premises. The Fire Risk Assessment will help identify risks that can be removed or reduced, and to decide the nature and extent of the general fire precautions needed to protect people against the fire risks that remain. The risk assessment and any significant findings must be recorded. The regulations will, in most cases, be enforced by the Fire and Rescue authority. Enforcing authorities will appoint inspectors, whose powers are much greater than under the previous legislation. Inspectors can issue three types of notice; an Alterations Notice; an Enforcement Notice; or a Prohibition Notice. The responsible person can be committing an offence for not complying with the Act. It can be a defence for the person charged that he/she took all reasonable precautions and exercised all due diligence to avoid the committal of such an offence. The onus is on the person charged to prove it was not practical or reasonable to fulfil the duty. 3. Undertaking and Maintaining Suitable and Sufficient Fire Risk assessments Derbyshire County Council s approach to meeting the fire risk assessment requirements of the RRO has been to split it into an Operational Fire Risk Assessment and a Building and Technical Fire Risk Assessment. The Operational Assessments will be undertaken by establishment managers (the Responsible Person ) and will address building management issues. The Building and Technical Assessment will be undertaken by County Property, also the Responsible Person, and will deal with more technical issues such as building fire resistance, travel distances, alarm systems, emergency lighting etc. The responsible person can nominate Competent Persons to implement the measures of the RRO. The responsible person must ensure that competent persons have suitable training and adequate equipment. 8 August 2006 Fire Risk Assessment.docPage 2 of 5

3 Within County Property there is a hierarchy of responsible and competent persons: Strategic Director of Corporate Resources & Deputy Chief County Property Officer Maintenance Manager Senior Surveyor (Asset Management) Fire Risk Assessor 1 (In post) Fire Risk Assessor 2 (No funding) Departmental Health & Safety sections are putting documentation and training programmes in place to help establishments complete the operational assessments. For the Building and Technical Assessments buildings have been prioritised using a scoring system relating to various risk factors. As might be expected the larger, multi-storey premises, (e.g. secondary schools, HOP s, County Offices etc) appear as the highest priorities. Once complete, risk assessments need to be reviewed when alterations or changes in use take place to a building, and irrespective of this trigger, the assessment should be reviewed on at least an annual basis to ensure that it is still valid. The Occupational Risk Assessment reviews will be completed by establishment responsible persons. However, it is likely in most instances that the technical reviews will need to be undertaken by County Property. It is proposed that the Area Surveyors are best placed to undertake this process in conjunction with their Annual Premises Reviews (APR), although of course this will increase the scope and time needed to complete the APR s. The building and technical risk assessments require the production of CAD plans to show the location of existing fire precautions e.g. fire doors, escape routes, smoke detectors, call points, extinguishers etc. This will put additional demands on the CAD and measurement technicians. 4. Financial Implications One fire assessor can be found by re-training the glazing survey technician as the initial glazing survey work is now coming to an end but additional resources are needed to complete the fire assessments within a reasonable timescale. One additional assessor would allow for all of the building and 8 August 2006 Fire Risk Assessment.docPage 3 of 5

4 technical assessments to be completed within the following time period: Property Type Higher risk (including secondary schools, residential property, special schools, county hall) Weeks required to complete all building & technical fire risk assessments 1 Assessor (Existing) 2 Assessors (Additional) 124 weeks 62 weeks Medium to low risk 157 weeks 79 weeks One additional assessor would cost 43,000 per annum, including transport and on costs. Further external training is required for all assessors ( 5,000) to ensure that a suitable level of competency is achieved and an additional tablet PC for data logging is required at an estimated cost of 1,500. The total additional resource cost is 49,500 in the first full year, of which 28,000 is required in 2006/07 to start the process. A sum of 8,000 can be found from the 06/07 Asset Management Budget and the balance of 20,000 is sought from the CRD 06/07 contingency. A bid for ongoing extra resource costs will be made in the 07/08 budget process. 5. Other Considerations In preparing this report the relevance of the following factors have been considered: Equal Opportunity, Legal and Human Rights, Prevention of Crime and Disorder, Personnel, Environmental and Property Considerations. 6. Background Papers N/A 7. Key Decision No 8. OFFICER RECOMMENDATIONS 1. That Cabinet note the implications for the County Council under the Regulatory Reform (Fire Safety) Order That approval is given to: Funding of an additional fire risk assessor for an initial period of 33 months, at an annual cost of 43,000 to allow for the completion of Building and Technical Fire Risk Assessments Funding of a tablet PC and software at cost of 1,500 Funding of additional training at a cost of 5,000 8 August 2006 Fire Risk Assessment.docPage 4 of 5

5 Funding of 20,000 from Corporate Resources Department 06/07 contingency and to note that a bid for ongoing resource funding will be made under the 07/08 budget process. GERALD TOMMY Strategic Director of Corporate Resources 8 August 2006 Fire Risk Assessment.docPage 5 of 5

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