MANAGING FIRE SAFETY. Good Practice Guide

Transcription

1 MANAGING FIRE SAFETY Good Practice Guide

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3 CONTENTS Introduction 2 1. Purpose of this guidance 3 2. Primary Legislation Definitions 7 3. Responsibilities for compliance 9 4. Fire Risk Assessor Evacuation of disabled people Fire Risk Assessment Enforcement Summary of Responsibilities Interaction with other legislation Summary The fire safety management policy How to carry out a fire risk assessment Fire safety training for staff Fire Marshals Fire Drills Case Law 29 APPENDIX 1: Legislative Road Map 34 APPENDIX 2: Technical guidance 38 APPENDIX 3: Legal notices 40 APPENDIX 4: Generic Fire Safety Management Policy 42 APPENDIX 5: Fire Safety Checklist 46 MANAGING FIRE SAFETY Authors: Robert Greenfield MD of Assured Safety and Risk Management Limited and Michael J W Morgan MD of Safety Action Services Peer reviewer: Paul Szemerej, Director, Firesafe (Fire Safety Management) Consultants Limited Continuing your professional development (CPD) is all about keeping on the front foot in your career. Developments in facilities management come thick and fast through technological, legislative, environmental, economic and political changes so CPD is essential to stay informed and to help you reach your potential. Members of BIFM can access a wide range of knowledge and information, such as the Good Practice Guides, through the member s area of the BIFM website. However to help you on your way and identify core activities look out for BIFM s CPD logo. If you are not a member of the institute then be sure you don t miss out! Join today at ISBN: Edition: Second Date: January 2016 BIFM Number One Building The Causeway Bishop s Stortford Hertfordshire CM23 2EN T: +44 (0) E: membership@bifm.org.uk Advertising T: +44 (0) The Good Practice Guides series is published by the British Institute of Facilities Management (BIFM). The guides do not necessarily reflect the views of BIFM nor should such opinions be relied upon as statements of fact. All rights reserved. This publication may not be reproduced, transmitted or stored in any print or electronic format, including but not limited to any online service, any database or any part of the internet, or in any other format in whole or in part in any media whatsoever, without the prior written permission of the publisher. While all due care is taken in writing and producing this Good Practice Guide, BIFM does not accept any liability for the accuracy of the contents or any opinions expressed herein. Managing Fire Safety GPG 1

4 INTRODUCTION Fire Safety Management is of the utmost importance within an organisation as a majority of fires are preventable but when they do occur then the potential losses can result in a majority of organisations never recovering. It is therefore important to have an effective fire safety management system. In the past a facilities manager had to be aware of over seventy separate pieces of legislation including the Fire Precautions Act 1971, the Fire Precautions (Workplace) Regulations 1997(amended 1999) and the Management of Health and Safety at Work Regulations 1999, to name but a few. In addition the facilities manager was also required to contend with the requirements of the fire certificate issued to the building, which required a basic standard of fire prevention and control and was inevitably monitored by the local issuing fire authority. Things are somewhat more straight forward now with the Regulatory Reform (Fire Safety) Order 2005 which came into effect in October 2006 and replaced the seventy or so pieces of fire safety law and also the Fire Certificate which is now, in effect, replaced by having a suitable and sufficient Fire Risk Assessment for your premises. This guide also takes into account the separate legislation, which applies in Scotland and Northern Ireland. 2 GPG Managing Fire Safety

5 1. PURPOSE OF THIS GUIDANCE The purpose of this guide is to summarise the fire safety legislation as well as the fire safety legislative responsibilities of the occupiers, employers, owners, managers and individuals in the workplace. It takes into account the Fire Safety Legislation in England & Wales, Scotland and Northern Ireland which place responsibility on the employers, occupiers and owners of all buildings (other than premises consisting of or comprised in a single private dwelling), and in particular those responsible for the day-to-day management of the buildings. The legislation varies, but for simplicity the guide refers to the legislation and, except where indicated, it applies in England, Wales, Scotland and Northern Ireland. During the in use life of a building the prime legislative responsibility for ensuring and maintaining a fire-safe building in England and Wales is the responsible person, in Scotland, the duty holder and in Northern Ireland, the appropriate person. (See definitions on page 7 and 8). The majority of fires are preventable. For the purposes of this guidance we have referred to the person with this prime legislative responsibility throughout the document as the responsible person. (See definitions on page 7). You will find guidance on the fire safety legislative processes and the legislative responsibilities that apply throughout the critical stages of a building s lifecycle. However, this guide focuses on the legislation and responsibilities that relate to a building in use. Please note that the legislation that applies in the Channel Islands (Fire Precautions (Jersey) Law 1977) and the Isle of Man (Fire Precautions Act 1975 & Fire Services Act 1984.) differs slightly to that detailed here however, much of this guidance will provide a firm basis for use in these dependencies. Managing Fire Safety GPG 3

6 2. PRIMARY LEGISLATION The primary legislation is as follows: England & Wales The Regulatory Reform (Fire Safety) Order 2005 applies to all non-domestic premises and includes the common parts of houses and blocks of apartments and flats, which are in multiple-occupation. The core duties remain the same but different legislation applies to Scotland and Northern Ireland as follows: Scotland The Fire Safety (Scotland) Regulations 2006 made under the Fire (Scotland) Act 2005 which came into effect on 1st October 2006; Northern Ireland The Fire and Rescue Services (Northern Ireland) Order 2006 and the Fire Safety Regulations (Northern Ireland) 2010 which came into effect on 15th November If you are a building owner, landlord or occupier of a building or some other non-domestic premises then you will be responsible under the legislation for fire safety and will in effect be the responsible person. In practice this duty is most likely to form part of the remit of the facilities or health and safety manager. The Regulatory Reform (Fire Safety) Order 2005, Fire (Scotland) Act 2005 and The Fire Safety (Scotland) regulations 2006 replaced most previous fire safety legislation on 1 October Any fire certificate issued under previous legislation ceased to have any effect from that date. Similarly, risk assessments carried out prior to this date would need to be reviewed for suitability. Similarly in Northern Ireland the Fire Safety Regulations (Northern Ireland) 2010 came into effect on 15th November 2010 and as a result any fire certificate issued, or fire risk assessment completed, under previous legislation, will cease to have effect from the date these regulations come into effect. In premises owned or occupied by the Crown (including those partly occupied by the Crown) the enforcement of the legislation will be the responsibility of one of a number of Crown Bodies (depending on the nature of the premises and the legislation that applies). Where appropriate facilities managers should seek to work with the government occupiers as per the guidance in this document. 4 GPG Managing Fire Safety

7 In order to be fully compliant with current fire safety legislation the responsible person is required to ensure that there is a robust fire safety management system in place within their building. Definition As explained earlier the Responsible Person will be one of the following persons/ positions and should be formally appointed so as to be able to understand their responsibilities: - > the employer > occupiers and owners of all buildings (other than domestic premises) > those responsible for the day-to-day management of the buildings This requirement is implied within Article 8 of the Regulatory Reform (Fire Safety) Order 2005, where the responsible person must: > take such general fire precautions as will ensure, so far as is reasonably practicable, the safety of any of his employees; and > in relation to relevant persons who are not his employees, take such general fire precautions as may reasonably be required in the circumstances of the case to ensure that the premises are safe A fire safety policy is key to fire safety management and prevention. In order to comply with the above absolute requirement the responsible person should ensure that the following are in place: > Fire Safety Policy or Fire Strategy to demonstrate how the organisation will prevent fire and manage fire safety > Fire Risk Assessment to demonstrate that the organisation has identified all of the hazards present and persons that may be affected and has sufficient controls in situ to reduce the fire safety risks > Maintenance scheme to ensure that assets within the building are maintained in accordance with statutory requirements and also as part of the fire precautions policy of the organisation Managing Fire Safety GPG 5

8 It is important to distinguish between the separate requirements here to ensure the safety of not only employees but also that the premises are safe for relevant persons, which demonstrates the level of control that the responsible person will have over employees of their organisation. However this will not be the same for a nonemployee and therefore the premises must be safe for all persons to use. In addition Article 11 of the Regulatory Reform (Fire Safety) Order 2005 calls for fire safety arrangements to be in place where the responsible person must: > Make and give effect to such arrangements as are appropriate, having regard to the size of his undertaking and the nature of its activities, for the effective planning, organisation, control, monitoring and review of the preventative and protective measure; and > Record the arrangements referred to above where > Five or more employees are engaged > A licence under an enactment is in force in relation to the premises; or > An alterations notice requiring a record to be made of those arrangements is in force in relation to the premises In effect for the facilities manager who may well take on the role of the responsible person the quality and depth of the fire safety arrangements for any given premises will vary drastically in accordance with the very nature and activities of the premises. However, management should be able to demonstrate that they have a policy for the general running of their business, that demonstrates that fire safety is an important consideration and that they have preventative and protective measures in place. 6 GPG Managing Fire Safety

9 2.1 Definitions Definitions ENGLAND & WALES Definitions SCOTLAND The Regulatory Reform (Fire Safety) Order 2005 > Meaning of responsible person 3. In this Order responsible person means (a) in relation to a workplace, the employer, if the workplace is to any extent under his control; (b) in relation to any premises not falling within paragraph (a) (i) the person who has control of the premises (as occupier or otherwise) in connection with the carrying on by him of a trade, business or other undertaking (for profit or not); or (ii) the owner, where the person in control of the premises does not have control in connection with the carrying on by that person of a trade, business or other undertaking. > Relevant Person Throughout the legislation reference is made to a relevant person. A relevant person is any person (including the responsible person ) who is, or may be, lawfully on the premises; and any person in the immediate vicinity of the premises who is at risk from a fire on the premises. While this definition does not include firefighters engaged in fire fighting it does add a significant liability for the responsible person beyond the normal building environment. Fire (Scotland) Act 2005 and the associated Fire Safety (Scotland) Regulations 2006 > Duty Holder In a workplace, this could be the employer as well as any other person who may have control to any extent of any part of the premises, for example, the occupier or owner. Employees have a duty to cooperate with employers to ensure the safety of others from fire. If you are the Duty Holder, you must carry out a fire risk assessment of the premises, which must focus on the safety of all relevant persons in case of fire. Your fire risk assessment will help you identify risks that can be removed or reduced and to decide the nature and extent of the general fire precautions you need to take to protect people against the fire risks that remain. If you employ five or more people, you must record the significant findings of your risk assessment. A management commitment to fire safety is essential to assist with achieving suitable fire safety standards in premises and to maintain a staff culture of fire safety. It is a management responsibility to have both an emergency fire action plan and arrangements to implement the plan. A written emergency fire action plan should be kept on the premises, be available to and known by staff, and form the basis of the training and instruction, which is provided to all staff. This plan should be available for inspection by the enforcing authority. > Relevant Premises The Fire (Scotland) Act 2005 (Relevant Premises) Regulations 2012, which can be found at Government Legislation website ( the 2012 Regulations ) took effect on 29 November These regulations amend the definition of relevant premises in section 78 of the Fire (Scotland) Act 2005 ( the 2005 Act ). Managing Fire Safety GPG 7

10 Definitions NORTHERN IRELAND Definitions COMPETENCY The Fire & Rescue Services (Northern Ireland) Order 2006 and The Fire Safety Regulations (Northern Ireland) 2010 > Appropriate Person As an appropriate person with control over non-domestic, industrial, commercial, leisure, educational or healthcare premises the legislation requires you to take responsibility for ensuring that your premises reach the required fire safety standard. The appropriate person must take reasonable steps to: > Reduce the risk from fire > Ensure people are able to escape safely if there is a fire Main requirements: > Carry out a fire risk assessment for the premises over which you have control > Identify the fire hazards and risks associated with the premises, materials/substances, activities etc > Identify the people, or groups of people at risk and anyone who may be especially at risk > Remove and reduce the risks as far as reasonably possible > Put in place general fire precautions to deal with any remaining risks > Implement additional preventative and protective measures if flammable or explosive substances are used or stored on the premises > Develop and implement appropriate emergency procedures in the event of fire > If you have five or more employees, or require a licence or registration, you must record the significant findings of the risk assessment and any actions you have taken to remove/reduce the risk > Review the risk assessment periodically or after significant changes in the matters to which it relates The Regulatory Reform (Fire Safety) Order 2005 defines competency as being a person who has sufficient training and experience or knowledge and other qualities to enable them to carry out the task at hand. Further information on competency is included in section 4 on page 10 and 11 Fire Risk Assessor. 8 GPG Managing Fire Safety

11 3. RESPONSIBILITIES FOR COMPLIANCE The key focus for compliance is that Article 9 (1) of the Regulatory Reform (Fire Safety) Order 2005 places responsibility for compliance with the fire safety legislation on the responsible person and in England and Wales this person must make a suitable and sufficient assessment of the risks to which relevant persons are exposed. In Scotland this task falls to a duty holder and in Northern Ireland the appropriate person but although the title of the role is different the core duties imposed on each are the same. For the purposes of this guidance we always refer to this role as the responsible person. The emphasis here in all cases is for risk reduction and fire prevention and hence the need for the responsible person who must undertake a number of duties related to fire safety including the following: > Appoint a competent person to carry out a fire risk assessment of their premises and to identify and action all of the findings as a result of the fire risk assessment to ensure that so far as is reasonably practicable, that ALL persons on the premises or nearby can escape safely in the event of a fire > Inform staff or their representatives about the risks identified > Implement and maintain fire preventative measures > Maintain fire safety management > Consider who may be particularly at risk such as disabled persons or those working with hazardous chemicals > Have a fire management plan that deals with all contingencies including evacuation > Provide fire safety training > Ensure that the findings are recorded if more than five persons are employed > Complete regular reviews In shared multi occupancy premises there is likely to be more than one responsible person and in such cases it is important that all occupiers coordinate their fire safety plans. Legislative Road Map The two major stages in a building s life in terms of fire safety are Building Construction and Building In Use and are detailed within the Legislative Road Map shown in Appendix 1 on pages 34 to 37. This legislative road Map shows applicable legislation for each of the two stages, enforcing bodies and guidance documents available. Managing Fire Safety GPG 9

12 4. FIRE RISK ASSESSOR Losses resulting from fire within an organisation are invariably extremely costly and in the case of the total loss of a building, this can lead to the organisation never recovering and therefore fire risk management is becoming ever more important. Within a more complex or high risk environment, a stand-alone fire risk assessment may be ineffective, unless the organisation takes a holistic approach to fire risk management and embeds this into the organisational policies and overall management system. This ensures that there is an effective system to close out any actions as a result of the Fire Risk Assessment. It is also important that fire risk management is commensurate with the level of risk based upon the premises and the organisations work activities and processes. Fire Risk management must be commensurate with the level of risk within your premises. It follows that the Fire Risk Assessor should be competent in terms of their education, skills, training and experience of the work and that they should hold membership of a professional association. It would also be desirable for them to hold some form of third party accreditation. The Fire Risk Assessor should have in depth knowledge of the following elements of fire safety: > Assessment of risk posed by fire > Applicable Legislation > Building Construction > Suitable guidance > Behaviour of fire in premises > Fire effect on persons > Behaviour of persons in a fire situation > Means of escape > Fire prevention and protection > Fire Safety Management > Protective and preventative fire safety systems 10 GPG Managing Fire Safety

13 The Fire Risk Assessor should be competent in terms of their education, skills and experience. In addition, it is essential that any specialist contractors appointed to carry out any work associated with the fire risk management process, have been evaluated and are competent to carry out the task for which they are being engaged. This could include work for example on the fire alarm system, dry/wet riser, fire pumps, fire suppression systems, sprinkler systems, fire pumps, fire extinguishers. The Fire Risk Management Competency Council has published guidance, for organisations and responsible persons, on how to choose a fire risk assessor if their own knowledge and experience is insufficient to carry out this task. A major trigger for enforcement notices being issued is the lack of a suitable and sufficient fire risk assessment being available. For further information regarding Fire Risk Assessor competency please visit the following organisations: Institution of Fire Engineers (IFE) ife.org.uk Fire Risk Management Competency Council Fire Sector Federation The British Fire Consortium London Fire Brigade In addition the British Standards Institute (BSI) has published PAS 7: 2013 which is a formal system for Fire Risk Management which is designed to integrate with BS 9999 the code of practice for the design, management and use of buildings and also OHSAS the Health and Safety management system. Managing Fire Safety GPG 11

14 5. EVACUATION OF DISABLED PEOPLE Although much thought is often given, by the facility manager, to the provision of enabling disabled people to enter a building and use the facilities within. It is common to find that far less attention is given to their needs in an evacuation. This is an important element of Fire Safety to consider and one which is covered in detail within the BIFM Inclusive Access, Disability and the Equality Act Good Practice Guide which may be found at the following link: In Northern Ireland please also refer to the document Means of Escape for Disabled People (Supplementary Guide.), which may be downloaded from the Communities and Local Government section at the following location: Ensure attention is given to the needs of disabled people in the event of an evacuation. 12 GPG Managing Fire Safety

15 6. FIRE RISK ASSESSMENTS The fire risk assessment process is the primary mechanism for identifying fire hazards ensuring appropriate preventative and protective measures have been put in place, and the subsequent maintenance and review of fire safety. A fire risk assessment must have been completed from the moment a premises was occupied (even if only partly). If five or more people are employed; if the premises are licensed; or if an alterations notice is in force (see Enforcement, below), the significant findings of the assessment and any group of persons identified as being especially at risk, must be recorded. The fire risk assessment must be a dynamic document, kept up to date and always relevant to the premises and the circumstances concerned. The fire risk assessment will help the responsible person identify risks that can be removed or reduced and to decide the nature and extent of the general fire precautions that need to be taken to protect people against the fire risks that remain. The fire risk assessment must be a dynamic document and always kept up to date. In particular, the risk assessment must focus on the safety in case of fire of all relevant persons. It should pay particular attention to those at special risk, such as the disabled and those with special needs, and it must include consideration of any dangerous substance, or process, liable to be on the premises. Even if a fire certificate was previously issued in respect of the premises; or if a fire risk assessment was completed under the Workplace Regulations ; or the premises were built to recent Building Regulations ; the responsible person will still need to ensure that a fire risk assessment, covering all the issues specified in the legislation and any other fire-related risks, is completed by a competent person. See How to carry out a fire risk assessment, pages 21 to 22. Managing Fire Safety GPG 13

16 7. ENFORCEMENT In most premises the Fire & Rescue Authority (the fire & rescue service) will enforce the legislation. They will have the power to inspect the premises to check that the responsible person is complying with their duties under the legislation and they will look for evidence that the responsible person has carried out a suitable fire risk assessment and acted on the significant findings of it. If, as is likely, the outcome is required to be recorded they will expect to see a copy. There are three types of notice (see Appendix 3 for more details): (a) alterations (b) enforcement, and (c) prohibition. The enforcing authority will usually serve notices on the responsible person (In Scotland, alteration and enforcement notices are served on the duty holder/ responsible person, but a prohibition notice is served on the occupier) as the first stage of any enforcement process. A. Alterations notice If the premises are considered by the enforcing authority to constitute a serious risk or will if a change is made, they may issue an alterations notice. B. Enforcement notice If the enforcing authority believes the responsible person has failed to comply with any provision of the legislation, they may issue an enforcement notice. C. Prohibition notice If the enforcing authority is of the opinion that use of premises involves or will involve, a risk to life so serious that use of the premises ought to be prohibited or restricted, they may issue a prohibition notice. Failure to comply with any duty imposed by the legislation (if that failure places one or more relevant persons at risk), or to comply with any notice issued by the enforcing authority, is an offence. The responsible person has a right of appeal to a magistrates court, sheriff court or county court against any notice issue. In the case of a prohibition notice the responsible person must still comply with the requirements of the notice until the appeal has been heard. In addition, where the responsible person agrees that there is a need for improvements to the fire precautions but disagrees with the enforcing authority on the technical solution (eg, the type of fire alarm system needed) they may agree to refer this for independent determination the enforcing authority will provide details of the necessary process. 14 GPG Managing Fire Safety

17 8. SUMMARY OF RESPONSIBILITIES From the information provided it is quite possible that the facilities manager will be determined to be a responsible person, and quite possibly a competent person, under the terms of the legislation. The exact nature and extent of the responsibilities of the responsible person or competent person will vary. However, if you are a responsible person you will be responsible for ensuring that appropriate fire safety measures are in place. These include the following: > You must ensure that from the moment a premises is occupied (even if partly) a fire risk assessment is completed by a competent person. Even unoccupied premises may require an assessment because a fire could still have an effect on relevant persons in the vicinity or on visiting engineers, for example, carrying out basic periodic wind and weather type maintenance checks. > If five or more people are employed, if the premises are licensed or subject to registration or if an alterations notice is in force (see Enforcement, page 40), you must record the significant findings of the assessment. You must also record those persons considered especially at risk. > You must ensure that the fire risk assessment is a dynamic document, kept up-to-date and relevant to the premises and circumstances concerned and regularly monitored. > You must provide the employees with easy to understand, relevant information on the risks identified by the fire risk assessment; about the measures taken to prevent fires; and how they will be protected if fire breaks out. > You must consult the employees (or their elected representatives) about nominating people to carry out particular roles in connection with fire safety and about proposals for improving fire precautions. > Before employing a Young Person (Between MSLA and 18), you must provide a parent or guardian with easy to understand and relevant information on the risks to that young person identified by the risk assessment, the measures that have been put in place to prevent/protect the young person from fire; and you must inform any other responsible person of any risks to that young person arising from their undertaking. Managing Fire Safety GPG 15

18 Ensure co-operation with other responsible persons in multi-tenanted buildings and sites. > You must inform non-employees, such as temporary or contract workers, of the relevant risks to them, and provide them with information about who are the nominated competent persons, and about fire safety procedures for the premises. > You must co-operate with other responsible persons who also have premises in the building, and inform them of any significant risks, and reduce/control those risks that might affect the safety of their employees. > You must provide the employer of any person from an outside organisation who is working in the premises (e.g., an agency providing temporary staff) with easy to understand and relevant information on the risks to those employees and the preventive and protective measures taken. They must also provide those employees with appropriate instructions and relevant information about the risks to them. > If you are not the employer but have any control of premises which contain more than one workplace, you must ensure that the requirements of the Fire Safety Order are complied with in those parts over which you have control. > You must consider the presence of any dangerous substances and the risk this presents to relevant persons from fire. > You must establish a suitable means of contacting the emergency services and provide them with any relevant information about dangerous substances. > Appropriate means of escape should be provided. > Where necessary you must provide the premises with appropriate means of warning and fire fighting equipment. > You must provide appropriate information, instruction and training, during working hours to the employees, about the fire precautions in the workplace, when (a) they start working in the workplace, and (b) from time to time throughout the period they work in the workplace. > Where necessary you must ensure that the premises and any equipment provided in connection with firefighting, fire detection and warning, or emergency routes and exits, are covered by a suitable system of maintenance and are maintained in an efficient state, in efficient working order and in good repair. > Employees must co-operate with you to ensure the workplace is safe from fire and its effects, and must not do anything that knowingly will place themselves or other people at risk. 16 GPG Managing Fire Safety

19 9. INTERACTION WITH OTHER LEGISLATION Building Regulation approval Normally, those involved in designing and approving buildings under Building Regulations can reasonably anticipate the majority of physical and management fire safety issues that will affect a building in use. However, the legislation is intended to reflect the risk(s) presented by the building in use. They therefore need to be dynamic, not constrained by any assumptions or previous approvals (especially where buildings have been built on a speculative basis), and take into account a range of physical and non-physical factors. The legislation covering building design and construction, and the fire safety of buildings in use, are independent of one another. The legislation covering building design and construction and the fire safety of buildings in use are independent of one another. Another factor to take into account is that neither element of legislation has primacy over the other, and that there are two interactions with other legislation with different enforcement bodies for the two elements of legislation. It is therefore important to recognise that approval under the Building Regulation process, for either new or materially altered buildings, does not necessarily result in approval under the fire legislation. To help those responsible for designing, approving or managing the development of new or altered buildings, (Department of Communities and Local Government (DCLG) has published a document: Building Regulations and Fire Safety Procedural Guidance (ISBN ). It explains the steps involved in approving the fire safety aspects of building work and the interaction between building regulation requirements and other statutory fire safety requirements in England and Wales. The Scottish Building Standards Agency has published a procedural handbook that contains similar guidance for the legislative regimes in Scotland, while a similar guidance document is proposed for Northern Ireland. Managing Fire Safety GPG 17

20 If the advice is followed it should help ensure (as far as is possible) there is no need for extra building work before the building can be occupied. Employers, owners and occupiers ( responsible person ) will benefit as the processes involved will help generate the basis of their fire safety management procedures and fire risk assessments. Those individuals who, as responsible persons or competent persons, have a responsibility for managing or monitoring the fire safety during the building in use or during alteration must establish and maintain good relationships with the enforcement bodies. Licensing The legislation that covers the licensing of premises, and the Fire Safety (Regulatory Reform) Order 2005, and Fire (Scotland) Act 2005 & The Fire Safety (Scotland) Regulations 2006, and the Fire Safety Regulations (Northern Ireland) 2010, are totally independent, standalone elements of legislation. It is therefore important to recognise that approval under the licensing legislation does not result in approval for all fire safety matters under the fire legislation. While fire safety conditions should not be set within the licence it is likely that the Licensing Authority will require assurance from the Fire and Rescue Service that fire precautions for the premises are satisfactory before granting a licence. Fire Authorities will use the specific fire legislation as their main tool, rather than the licensing act for ensuring that the fire precautions are satisfactory. Additional Responsibilities The legislation also requires that where dangerous substances are in or on premises in certain circumstances the responsible person must ensure that information on emergency arrangements is made available to relevant accident and emergency services so they can prepare their own response procedures and precautionary measures. This is matched by a requirement of the Management of Health and Safety at Work Regulations 1999, which requires the employer ( responsible person ) to ensure that any necessary contacts with external services are arranged, particularly regarding first aid, emergency medical care and rescue work. 18 GPG Managing Fire Safety

21 10. SUMMARY The Regulatory Reform (Fire Safety) Order 2005 and the Fire (Scotland) Act 2005, The Fire Safety (Scotland) Regulations 2006 and The Fire Safety Regulations (Northern Ireland) 2010 have placed the responsibility for providing and maintaining a fire-safe environment for all relevant persons on the responsible person (England & Wales), Duty Holder (Scotland) and the Appropriate Person (Northern Ireland) referred to in this guidance as the Responsible Person. The legislation provides a wide-ranging definition of the responsible person and clearly states that there can be more than one in any premises which is shared, for example, a multi-occupancy building. The legislation provides a wide-ranging definition of the responsible person and clearly states that there can be more than one in any premises which is shared, for example, a multi occupancy building. The legislation requires that a fire-risk assessment must be completed, that the assessment and any associated fire precautions are routinely reviewed and revised where necessary and that any systems, equipment and training are provided and maintained by a competent person. The legislation also places a number of general duties on the responsible person. The enforcement of the legislation is the responsibility of the Fire and Rescue Service, which has powers to enter premises and to ask for access to risk assessments and other relevant records. The Fire and Rescue Service also has powers to issue notices: requiring the responsible person to notify them of any proposed changes to a building, or its use; notifying the responsible person of any deficiencies in the fire safety provisions and requiring the deficiencies to be corrected; and restricting or prohibiting the use of part or all of a building. Managing Fire Safety GPG 19

22 11. THE FIRE SAFETY MANAGEMENT POLICY It is essential to have a detailed and robust Fire Safety Management Policy within your organisation if fire safety matters are to be effectively addressed. This includes taking preventative measures thus ensuring that fires are unlikely to occur, and that if they do they are likely to be controlled or contained quickly, effectively and safely, and that, if a fire does occur, and grows, everyone in the premises is able to escape to a place of total safety easily and quickly. In all premises this is often achieved by maintaining and planning fire safety in conjunction with general health and safety. It is good practice for senior management to have overall responsibility for fire safety and it should be recognised that fire safety operates at all levels within an organisation. It is essential that all staff are aware of their roles and responsibilities in fire safety, to ensure that they have the training and are aware how to prevent fires, recognise hazards and are fully conversant on what to do in an emergency. Those responsible should be able to develop, where necessary, a local action plan for their premises which takes into account the type and complexity of the building, the people working within or nearby, the activities being undertaken and any specific hazards within the building such as hazardous processes or chemicals. An organisation s fire safety management policy should be a dynamic document, flexible enough to allow modification to take into account local operating modifications and should be the subject of regular monitoring and review. The organisation s fire safety management policy should be communicated to all relevant persons within a building and where a risk assessment needs to be recorded (when 5 or more persons employed, or if the premises are licensed or an alterations notice requiring it is in force) and should identify: > who will hold the responsibility for fire safety at board level; > who will be the responsible person for each of their premises (this will be the person with overall control usually the manager); > the arrangement whereby those responsible for fire safety will, where necessary, nominate in writing specific people to carry out particular tasks if there is a fire; > the arrangements to monitor and check that individuals responsible for fire safety are meeting fire safety law. requirements. A Generic Fire Safety Management Policy may be found at Appendix 4, pages 42 to GPG Managing Fire Safety

23 12. HOW TO CARRY OUT A FIRE RISK ASSESSMENT First, understand the nature of the risk to be managed. To carry out a fire risk assessment, an organised and methodical look at the premises, the activities carried out there and an assessment of the likelihood that a fire could start and cause harm to those in and around the premises. Therefore, the primary aim should always be to remove hazards and where they cannot be removed, then to reduce them as much as possible and implement additional control measures. The aims of the fire risk assessment are to: > identify the fire hazards; > reduce the risk of those hazards causing harm, to as low as reasonably practicable; and > decide what physical fire precautions and management arrangements are necessary to ensure the safety of relevant people in, or in the vicinity of your premises if a fire does start. While a fire risk assessment will share a common approach to many other risk assessments, it is worth noting that fire is a dynamic process that can very quickly have an effect on many people. If the organisation employs five or more people, or if the premises are licensed or an alterations notice requiring it is in force, then the significant findings of the fire risk assessment and those identified as especially at risk must be recorded. A fire risk assessment will help determine the chances of a fire starting and the dangers from fire that the premises present for the people who use them and any person in the immediate vicinity. Much of the information for the fire risk assessment will come from the knowledge that persons in control and/or employees and their representatives have of the premises, as well as the knowledge of those who have responsibility for various parts of the building. While a fire risk assessment will share a common approach to many other risk assessments, it is worth noting that fire is a dynamic process that can very quickly have an effect on many people. Managing Fire Safety GPG 21

24 Consultation and co-operation between occupiers is not only advisable but a legislative requirement in multi-occupied buildings. Appoint one or more competent persons to carry out the preventive and protective measures, identified by the risk assessment. These persons could be appropriately trained employees or a third party with a good understanding of the dynamic nature of fire growth and development. The assessment must be undertaken in a practical and systematic way. It must take all the premises into account, including outdoor locations and any rooms and areas that are rarely used. If the premises are small it may be possible to assess them as a whole. In some premises, it may be helpful to divide them into a series of assessment areas using natural boundaries, e.g., production areas, lecture theatres, offices, laboratories and stores, as well as corridors, stairways and external routes. However, each risk cannot be treated in isolation. Irrespective of the number of persons employed, or relating to the premises, if it forms part of a building with different occupancies, then the measures provided by other occupiers may have a direct effect on the adequacy of the fire safety measures in all of the premises in the building. Consultation and cooperation between occupiers is not only advisable but a legislative requirement in multi-occupied buildings. The fire risk assessment should demonstrate that, as far as is reasonable, it has taken into account the needs of all relevant persons, including disabled people. It is essential that the fire risk assessment is maintained and reviewed on a regular basis. 22 GPG Managing Fire Safety

25 13. FIRE SAFETY TRAINING FOR STAFF All staff should receive basic fire safety induction training. They should also attend refresher sessions at predetermined intervals, and be told about the emergency plan and shown the escape routes. The training should take account of the findings of the fire risk assessment and be easily understood by all those attending. It should include the role that those members of staff will be expected to play if a fire occurs. This may vary in large premises, with some staff being fire marshals or having a particular role that needs additional training. Training is necessary: > when staff start employment or are transferred into the premises; > when changes have been made to the emergency plan and the preventative and protective measures; > where working practices and processes or people s responsibilities change; > to take account of any changed risks to the safety of staff or other relevant persons; > to ensure that staff know what they have to do to safeguard themselves and others on the premises; > where staff are expected to assist disabled persons; and > if a member of staff takes on the role of duty manager. Managing Fire Safety GPG 23

26 All staff should receive basic fire safety induction training. As a minimum all staff should receive training about: > the items listed in the emergency plan; > the importance of fire doors and other basic fire prevention measures; > the appropriate use of firefighting equipment where relevant; > the importance of reporting to the assembly area; > exit routes and the operation of exit devices, including physically walking these routes; > general matters such as permitted smoking areas or restrictions on cooking other than in designated areas; and > assisting disabled persons where necessary. Training should be repeated as often as necessary and should take place in working hours. Whatever training is necessary to support the fire safety strategy and emergency plan, it should be verifiable, as enforcing authorities may want to examine records to ensure adequate training has been given. It is essential that detailed records are maintained for all training provided by obtaining signatures of all staff members present. Remember if it hasn t been recorded then it didn t happen. 24 GPG Managing Fire Safety

27 14. FIRE MARSHALS Staff expected to undertake the role of fire marshals (or fire wardens) would require more comprehensive training. Their role may include: > helping those on the premises to leave; > checking the premises to ensure everyone has left; > using firefighting equipment if safe to do so; > liaising with the fire and rescue service on arrival; > shutting down vital or dangerous equipment; and > performing a supervisory/ management role in any fire situation. Training for this role may include: > detailed knowledge of the fire safety strategy of the premises; > awareness of human behaviour in fires; > how to encourage others to use the most appropriate escape route; > how to search safely and recognise areas that are unsafe to enter; > the difficulties that some people, particularly if disabled, may have in escaping and any special evacuation arrangements that have been preplanned; > additional training in the use of firefighting equipment; > an understanding of the purpose of any fixed firefighting equipment such as sprinklers or gas flooding systems; and > reporting of faults, incidents and near misses. Managing Fire Safety GPG 25

28 15. FIRE DRILLS Once the emergency plan has been developed and training given, you must evaluate its effectiveness. The best way to do this is to carry out a fire drill. This should be done at least every 6 months or as determined by the fire risk assessment, but more often if there is a high staff turnover. A well-planned and executed fire drill will confirm understanding of the training and provide helpful information for future training. The responsible person should determine the possible objectives of the drill e.g. to: > identify any weaknesses in the evacuation strategy > test the procedure following any recent alteration or changes to working practices > familiarise new members of staff with procedures > test any necessary arrangements for disabled people A well planned and executed fire drill will confirm understanding of the training and provide helpful information for future training. Within each building the evacuation should be for all occupants except those who may need to ensure the security of the premises, or people who, on a risk-assessed basis, are required to remain with particular equipment or processes that cannot be closed down. Premises that consist of several buildings on the same site should be dealt with one building at a time over an appropriate period unless the emergency procedure dictates otherwise. Where appropriate, it may be helpful to include members of the public in the fire drill. Ensure that all necessary health and safety issues are addressed before doing so. 26 GPG Managing Fire Safety

29 Carrying Out the Drill For premises that have more than one escape route, the escape plan should be designed to evacuate all people on the assumption that one exit or stairway is unavailable because of the fire. You can simulate this by placing a designated person at a suitable point on an exit route. Applying this scenario to different escape routes at each fire drill will encourage individuals to use alternative escape routes they may not normally use. When carrying out the drill you might find it helpful to: > circulate details concerning the drill and inform all staff of their duty to participate ( surprise drills may not be beneficial as the health and safety risks may outweigh the benefits) > ensure that equipment can be left safely > nominate observers > inform the alarm receiving centre if the fire-warning system is monitored (if fire and rescue is usually called from your premises, make sure this does not happen) > inform visitors and members of the public, if present > ask a random member of staff to set off the alarm using the test key (this will also indicate their knowledge of the nearest call point). Roll Call and Evacuation Where possible, a roll call should be carried out as soon as possible at the designated assembly point(s), and/or reports received from wardens designated to sweep the premises, and any people who are unaccounted for noted. In a real evacuation this information will need to be passed to the fire and rescue service upon arrival. Ideally a record of who is in a building should be kept, but the reality is that the ability to keep a record of who is in a building will vary according to the nature and use of the premises. Once the roll call is satisfactorily completed, or satisfactory reports from fire wardens and others with special responsibilities have been received, people should be allowed to return to the building. Where the evacuation has been activated by a real emergency, then no one may re-enter the premises until the Emergency Services have given their authority. If the fire-warning system is monitored the alarm receiving centre should be informed that the drill has been completed. The outcomes should be recorded. Note: It is not up to the fire brigade to actually reset the alarm panel. This is the responsibility of the local FM, security officer, fire safety manager, fire warden, manager etc. Managing Fire Safety GPG 27