The Facts

How safe are YOU, Your Employees and YOUR Business in the case of Fire ?

 

Only a small number of businesses survive a major fire

A fire risk assessment is not an option it is now a legal requirement

Employers / owners are personally responsible for fire safety in the workplace

Ignorance of the fire regulations is no defence

In the event of a fire, employers / owners must prove that all reasonable precautions have been taken to protect their employees

A competent person with sufficient training, experience and knowledge must conduct the fire risk assessment

 

A fire risk assessment could be the difference between life and death,
of YOU, Your Employees, and YOUR Business

 

 

The new legislation makes provision in relation to fire safety in certain premises. These premises are predominantly most premises which are not private dwellings. The Act and related subordinate legislation covers general fire safety which includes risk reduction measures, means of fire warning, fire-fighting, escape and staff training and instruction.

The Legislation is applicable to general fire safety in premises used as an office, or shop or for similar activities. This includes buildings or premises used for:

• Office, administrative or clerical purposes (including writing, book-keeping, sorting papers, filing, typing, duplicating, machine calculating, police work, fire and rescue service work, drawing and editorial preparation of work for publication).
• Financial transactions (including banking and building society work).
• Communications (including postal, telegraph and radio, television, film, audio or video recording or performance (not open to the public).
• Healthcare such as GP surgeries, health centres and dental surgeries.
• Retail or wholesale trade or business (including sales by auction, self-selection and over the counter wholesale trading).
• Hairdressing and beauty or body care.
• Delivering or uplifting goods by members of the public in connection with cleaning, repair, hire or other treatment or (except in the case of the repair of motor vehicles) of themselves carrying out such cleaning, repair or other treatment.

 

 

Enforcement

The responsibility for compliance with the legislation sits with the duty holder(s) (i.e. the employer(s) or other person(s) with control of the premises). There is also provision in the legislation for an enforcing authority with enforcement powers.

The Fire and Rescue Authority or Joint Fire and Rescue Board for the area will be the enforcing authority in respect of the majority of premises to which this guide applies. There are exceptions which are:

• In premises occupied by the armed forces of the Crown or visiting forces, the Defence Fire and Rescue Service is the enforcing authority;
• In certain premises including most construction sites, ships under repair or construction and nuclear installations, the Health and Safety Executive is the enforcing authority;
• In other premises where the Crown has fire safety duties, HM Chief Inspector of Fire and Rescue Authorities is the enforcing authority; and
• In major sports grounds, the local authority is the enforcing authority.

Enforcement officers may do anything necessary to allow them to enforce the fire safety duties, including:

• Entering premises for inspection at any reasonable time, or at any time if the officer has reason to believe that the situation is dangerous;
• Requesting information, records etc, or assistance from any persons with fire safety duties;
• Inspecting, copying or removing any relevant documents from the premises;
• Carrying out any inspections, measurements or tests considered necessary on the premises or any article or substance found on the premises;
• Taking samples of any article or substance found on the premises;
• Dismantling articles found on premises which appear likely to cause danger from fire; and
• Taking possession of an article for purposes of examination or use as evidence.

If the enforcing authority is dissatisfied with the outcome of the fire safety risk assessment, or the action taken, or the fire safety measures in place, it has the power to take action which could be:

• Informal action;
• Formal enforcement action which could result in the issue of an enforcement notice that requires specified action to be taken;
• In extreme cases, a prohibition notice may be issued that restricts the use of all or part of the premises until specified matters are remedied: or
• Reporting the matter for prosecution. Failure to comply with a notice issued by the enforcing authority or placing persons at risk by failing to carry out any duty imposed by fire safety law is an offence.