Gripping fire safety

The Order is now in force, and having lectured to various groups, including facilities managers, architects and project managers, I have gained an idea of what aspects interest people most, and hope this brief summary will be helpful.

The simple fact is that Fire Certificates are gone, and the responsible person, normally the employer, must now determine for themselves the necessary fire safety measures. Reliance on having a Fire Certificate is no longer an option, although in most cases the old certificate will be a useful source of reference.

I believe that one of the intentions of the legislation was to give ownership of the problem to the employer, where there is one. The level of interest shown suggests this is happening – which must be a good thing.

Previously, a fire officer issued a Steps Notice requiring the premises to meet standards that he determined were needed, and when satisfied, he issued the Fire Certificate. In many ways this system has been very successful – but who was taking responsibility? The employer was, arguably, too passive in the process. Whatever the rights and wrongs, we are now in the era of risk assessment and the employer is required to be pro-active.

Remember that where there is more than one occupier, the owner or agent will be responsible for common areas, fire procedures and training, the fire alarm, and so on.

What’s now required, and by who?
Risk assessment: “The responsible person must make a suitable and sufficient assessment of the risks to which relevant persons are exposed for the purpose of identifying the general fire precautions he needs to take to comply with the requirements and prohibitions imposed on him by or under this Order.” Article 9 (1)
General duties are to:

Who else takes responsibility?
Naturally, others will also have responsibility, such as managers – who are therefore an ’employer’ to someone. In addition, anyone (such as the facilities manager or agent) who has control of any aspect of fire safety, be it the weekly fire alarm test, is likewise responsible.

The Order puts it like this: “Duties are also imposed on any other person for whom the workplace is …to any extent, under his control.”

It also states (Clause 5.4) that, “Where a person has, by virtue of any contract or tenancy, an obligation of any extent in relation to:
(a) the maintenance or repair of any premises, including anything in or on premises; or
(b) the safety of any premises, that person is to be treated…. as being a person who has control of the premises to the extent that his obligation so extends.

Summing up
Responsibility for fire safety now rests with the responsible person, normally the employer. Others also share some responsibility where they deal with anything affecting fire safety.

About the author
Alan Baldwin MIFireE MInstLM is a Director of Impact Fire d on this topic to RIBA Regions, the Retail and Distribution Section of IOSH South East, and as a visiting lecturer, to Aston University. He wrote the internal guidance on compliance for the Home Office estate. Contact him on 01732 455260 or at alan.baldwin@impactfire.co.uk

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