18 months on, what have we learnt?

When the Regulatory Reform (Fire Safety) Order came out in October 2006 many people it would affect had little knowledge of what was to come. Alan Baldwin of Impact Fire speaks to Estates Review and outlines what the Order entails and how it has affected

As fire safety consultants, providing fire safety support to clients with responsibility for over 2,000 buildings, we have picked up a fair amount of practical experience in the application of the Regulatory Reform (Fire Safety) Order. Even though our fire safety engineers are mainly ex- senior fire brigade officers, some aspects of the practical outworking of the legislation have surprised even us.

Enforcement
One surprise is a step-change in the approach in the fire service to their enforcement role. This is perhaps best summed up in the headline carried by the Institution of Fire Engineers journal “No more Mr Nice Guys?” The article quotes Steve Turik LFB Assistant Commissioner.

“Our role is to monitor compliance and take action against those who do not comply” and it is clear that they - and other brigades - are doing that with a degree of zeal that was not as apparent under the previous legislation. When I was a fire brigade officer – prior to this new legislation - I tended to see us enforcers as paper tigers because it seemed we had powers but would only ever prosecute as a very last resort. That does not appear to be the case now.

For example, a nightclub in London was recently found guilty of 12 breaches, including fire doors wedged open, no clear escape route and an exit staircase obstructed by rubbish. They were given fines of almost £41,000 after pleading guilty to the offences. The offences were identified when a fire engine was called to a smoke detector activation. There was no fire. Would these breaches have resulted in a prosecution and heavy fine prior to the Order? We cannot know for sure – but the unanimous view of every fire officer, serving or retired, that I have spoken to is that it is very unlikely.

Previously, a fire officer would generally provide you with a lot of free advice and direction, their approach is now less that of an adviser and more of an enforcer. It should be acknowledged though that the Order intended to place the onus on the ‘Responsible Person’ to ensure that their premises are suitable, and give them ‘ownership’ of the problem rather than rely on guidance or direction from fire officers.

Who is responsible for complying?
Where there is an employer it will be the employer, but others also have duties placed on them, and this is often overlooked. Many Landlords do not realise that the Order applies to them – as well as the occupiers. When a landlord/owner is responsible for a building occupied by more than one occupier, even in the case of flats and other residential property, they are responsible for ensuring compliance with those aspects that are not under the effective control of the occupiers.

The Order says “duties are also imposed on any other person for whom the workplace is …to any extent, under his control.” It also states that “where a person has, by virtue of any contract or tenancy, an obligation of any extent in relation to the maintenance or repair of any premises, including anything in or on premises; or 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.”

So what has to be done?
Fire Risk Assessment
The Fire Risk Assessment is the document that underpins the fire safety management of the building. It identifies all aspects of fire safety provision and identifies any failure in the design, construction, or management of the building. This is the first step required to “take such general fire precautions as will ensure, so far as is reasonably practicable, the safety of his employees and everyone else” and “make and give effect to... arrangements… for… effective planning, organisation, control, monitoring and review of the preventative and protective measures.”

You need to provide a full and comprehensive risk assessment and emergency plan. Clearly we are talking here of more than just a tick box sheet and a walk around the building to see if it has fire extinguishers. Space does not allow for a meaningful description of the required assessment and production of emergency procedures – but further guidance is available in the documents listed below.

What if you are not confident of getting it right?
The Order anticipates this and requires the responsible person, if they are not competent to carry out the work, to make arrangements for assistance from a Competent Person.

Competent Person
Anyone can be a Competent Person. The Order describes competent as having “sufficient training and experience or knowledge and other qualities.” The level required is obviously dependant on the particular building and use. We understand that the London Fire Brigade are considering the prosecution of a fire consultancy on the grounds that they have given advice that was not sufficiently competent.

New Build
Responsibility starts as soon as the building is occupied. The Building Regulations process should have resulted in a suitable building at handover – but the Order now kicks in and requires all of the above carried out.
Responsibility for fire safety now rests with the responsible person, normally the employer. Others also have responsibility where they control anything affecting fire safety – even residential landlords.

The author is a Director of Impact Fire Ltd, the Fire Safety Consultancy whose clients include The Met Police, Keir, Countryside Properties, London Regional Property, and other discerning organisations.

For more information call Alan Baldwin on 01732 455 260 or go to www.firesafetyguides.communities.gov.uk/ or www.impactfire.co.uk