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Essentials of Fire Safety Management

THE UKâ&#x20AC;&#x2122;S NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment

Essentials of Fire Safety Management Second Edition

Dennis Davies Author

Author: Dennis Davies CBE, OStJ, QFSM, MPhil, CEng, FIFireE, CCIM Editors: Glenn Tomkins, Anna Hayes and Matt Thompson

Fire Protection Association London Road, Moreton in Marsh, Gloucestershire GL56 0RH Tel: +44 (0)1608 812 500 • Fax: +44 (0)1608 812 501 Email: sales@thefpa.co.uk • Web: www.thefpa.co.uk First published in 2007 Second edition 2014 © Fire Protection Association 2014 ISBN 978-1-902790-85-5 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, without the prior permission in writing of the publisher, or be otherwise circulated in any form of binding or cover other than that in which it is published and without a similar condition including this condition being imposed on the subsequent purchaser. Printed by Berforts Information Press 2.0/09.14

CONTENTS

Contents INTRODUCTION 6 SECTION 1: POLICIES AND PLANNING 1 FIRE SAFETY IN THE UK

FIRE RISK ASSESSMENT 2

3 FIRE SAFETY ARRANGEMENTS

4 TRAINING AND SAFETY INFORMATION

5 BUSINESS SECURITY AND RESILIENCE

1.1 General ��8 1.2 The law ��9 1.3 Management responsibilities ��12 1.4 Enforcement ��14

2.1 The law ��16 2.2 Management responsibilities ��17 2.3 Terminology and methods of risk assessment ��18 2.4 Undertaking a fire risk assessment ��19

3.1 General ��28 3.2 The law ��28 3.3 Management responsibilities ��29

4.1 General ��42 4.2 The law ��43 4.3 Management responsibilities ��44 4.4 Company fire policy ��45 4.5 Induction training ��47 4.6 Action in the event of fire ��48 4.7 Fire drills ��54 4.8 Special considerations ��56 4.9 Record keeping ��59

5.1 General ��60 5.2 The law ��61 5.3 Management responsibilities ��61 5.4 Security threats ��62 5.5 Business resilience process ��70 3

CONTENTS

SECTION 2: FIRE SAFETY PROVISIONS 6 COMPARTMENTATION

7 FIRE DOORS

8 FIRE-RESISTING GLAZING

7.1 General �� 89 7.2 The law �� 90 7.3 Management responsibilities ��90 7.4 Fire doors ��90 7.5 Door frames ��94 7.6 Seals ��95 7.7 Door fittings ��96 7.8 Glazing in doors ��98

8.1 General �� 99 8.2 The law ��100 8.3 Management responsibilities ��100 8.4 Wired glass ��102 8.5 Non-wired glass ��102 8.6 Insulating glasses ��104

9 FIRE WARNING AND DETECTION SYSTEMS

106

10 EMERGENCY ROUTES AND EXITS

123

6.1 General ��74 6.2 The law ��74 6.3 Management responsibilities ��75 6.4 Principles of compartmentation ��76 6.5 Types of compartmentation ��77 6.6. Structural elements and partitions ��78 6.7 Openings and voids ��79 6.8 Roofs ��82 6.9 Buildings ��83 6.10 Test procedures ��86

9.1 General ��106 9.2 The law ��107 9.3 Management responsibilities ��107 9.4 Fire detection and alarm systems ��107 9.5 Detectors ��111 9.6 Manual call-points ��118 9.7 Alarm devices ��119 9.8 Standards and maintenance ��119

10.1 General ��123 10.2 The law ��123 10.3 Management responsibilities ��124 10.4 Principles of means of escape ��125

131

12 FIREFIGHTING AND EMERGENCY RESPONSE

144

11.1 General ��131 11.2 The law ��132 11.3 Management responsibilities ��132 11.4 Types of emergency lighting equipment and systems ��133 11.5 Types of fire safety signage ��139 11.6 Record keeping ��141

CONTENTS

11 EMERGENCY LIGHTING AND FIRE SAFETY SIGNAGE

12.1 General ��144 12.2 The law ��145 12.3 Management responsibilities ��145 12.4 Portable fire extinguishers ��146 12.5 Fixed firefighting systems ��156 12.6 Hose reels ��162 12.7 Fire blankets ��163 12.8 Maintenance and record keeping . ��163

INDEX 166 PRACTICAL ADVICE INDEX 174

INTRODUCTION

Introduction

ire remains potentially the most damaging and disruptive event that any business has to face. Virtually every fire will result in disruption to workflows. A devastating fire will almost inevitably lead to loss of production or productive activity which can lead to a loss of orders, a loss of customers and a loss of jobs. A significant amount of businesses simply never recover from the effects of a large fire. Essentials of Fire Safety Management is designed as a comprehensive guide for those responsible for fire safety at work as a result of the changes to fire safety legislation for UK premises. It draws together and updates a wide range of FPA advice and complements the official government guidance. Importantly, emphasis is also placed on business continuity planning and the principles and practices of property protection. The publication explains in detail the legislative background to fire safety in the UK, outlining in each chapter the relevant management responsibilities. It comprehensively covers the process of fire risk assessment, describing what businesses need to do to fulfil their legislative duties and detailing methods they may wish to employ. Throughout Essentials of Fire Safety Management, practical advice sections are included aimed at assisting fire safety professionals, as well as those without a detailed understanding of fire safety matters, to comply with the law and to improve business resilience after a fire. Section 1 contains advice regarding fire safety arrangements, training, safety information and record keeping, now integral to the fire safety law. It also describes, in Chapter 5, the issues surrounding business security and resilience, highlighting the issue of arson, currently the cause of about a third of all commercial fires in the UK. Section 2 covers fire safety provisions within the building. It includes detailed advice and guidance on passive fire protection measures, outlining the principles behind fire compartmentation and management responsibilities for its maintenance. Detailed explanations are included of the importance of walls, partitions, linings and structural frames in containing a fire. These are vital not only to allow safe escape from the building, but also to ensure that fire is contained and firefighting protects the property, minimising damage and disruption.

INTRODUCTION Comprehensive sections are included covering the protection of voids – an area that has caused increasing concern over recent years – and the importance of maintaining inbuilt fire protection systems. Routine building maintenance and the installation or replacement of other building services often negate protection by leaving hidden breaches in compartment walls or fire barriers. As the law now contains a requirement for relevant fire protection systems to be maintained, Essentials of Fire Safety Management highlights the necessity for routine inspection and record keeping. The topics of emergency lighting, exit routes, firefighting and emergency response are all addressed within the book, and the management responsibilities and the legal requirements for each are detailed. The section covering fire warning and detection systems examines the different types of systems which are commercially available and the plethora of detector types on the market. It goes on to explore the management of unwanted or false alarms, which are not only disruptive but a frustrating waste of resources for the fire and rescue services that have to respond. The fire safety law in the UK is based on the need for the person who is responsible for a premises to assess the risks and put in place appropriate precautions. At every commercial premises there must be someone responsible for assessing the risks from fire and for implementing measures to remove or reduce those risks – in the workplace, that person will normally be the employer. Essentials of Fire Safety Management has been designed as an easy-to-read, comprehensive guide which outlines not only how to comply with the law, but also describes additional property protection measures which, if implemented, will ensure that if fire does occur it will be contained, keeping disruption to a minimum. Jonathan O’Neill Managing Director Fire Protection Association

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Fire safety in the UK

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1.1 General

The introduction of the Regulatory Reform (Fire Safety) Order 2005 â&#x20AC;&#x201C; known as the Fire Safety Order â&#x20AC;&#x201C; fundamentally altered both personal and enforcement authority responsibilities. There is now a clear definition of who is accountable and for what. Effective fire safety has always relied upon responsible and competent people and that has not changed. However, it is now crucially important that those deemed responsible self-impose risk assessment techniques and employ competent staff to achieve safety from fire, rather than await direction from those enforcing the law. In every case, it is the responsible person who must identify all the legal controls affecting their business. Useful sources of clarification and advice are the Fire Protection Association, trade associations, local authorities, fire and rescue authorities, and your insurers. Remember, ignorance is no defence in law.

The Fire Safety Order simplified the law and strengthened the well-understood process of risk assessment. It widened the scope of fire prevention into all non-domestic premises, including those in the voluntary sector and used by the self-employed, where their work premises are separate from their homes.

1.2 The law 1.2.1 European influence There is a strong European influence in how workplace safety is regulated. For many years, this has involved the process of risk assessment. Under the Treaty of Rome – which established the European Parliament and the Council of the European Union – powers exist to specify in legislation minimum requirements to encourage improvements within the European Union (EU), especially in the protection of the health and safety of workers. Known as European Directives, the established practice is that, where the existing UK law does not meet EU minimum requirements, the UK will introduce new laws to satisfy the Directive which may, if the UK so wishes, apply more stringent requirements.

FIRE SAFETY IN THE UK

The Fire Safety Order demands protection for all relevant persons, ie anyone lawfully in, on or adjacent to the premises that might be at risk from fire. It therefore demands a sound working knowledge of fire safety.

Fire risk assessment came to the fore with the adoption in 1989, by the European Community’s Council of Ministers, of two European Council Directives. The first, the Framework Directive, was adopted in June 1989, and the second, the Workplace Directive, was adopted in November 1989. The Framework Directive introduced measures to encourage improvements in the health and safety of workers at their place of employment, and the Workplace Directive prescribed minimum health and safety requirements with which all workplaces should comply. Both Directives firmly placed the primary responsibility for ensuring health and safety in the workplace upon the employer, and the Framework Directive requires the employer to be in possession of an assessment of the risks – including the risks from fire – to health and safety at work. Most of the provisions of these two Directives were incorporated into two sets of Regulations in the UK, the Management of Health and Safety at Work Regulations 1992 and the Workplace (Health, Safety and Welfare) Regulations 1992. The first of these sets of Regulations required employers to make an assessment of the risk to the health and safety of those in their employ, and of those whose health or safety could be affected by the activities of the employer’s business. However, Her Majesty’s Government decided to implement those provisions of the Directives that deal with general fire safety matters by making a new set of regulations primarily under the European Communities Act 1972. These Regulations, called the Fire Precautions (Workplace) Regulations 1997, came into force on 1 December 1997 and were amended in 1999. The requirement to carry out a fire risk assessment was central to these Regulations. 1.2.2 UK approach to fire safety control Fire safety law and enforcement in the UK has historically resulted from responses to serious fires. Legislation based upon this kind of cultural approach produces its own difficulties, with both primary and subsidiary legislation producing limited ‘fixes’ affecting a specific range of people and premises. The piecemeal law that followed

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was quite often inflexible and slow to reach the ‘statute book’ and, although a serious rationalisation was attempted in the Fire Precautions Act 1971, the full effectiveness of this legislation was not exploited. Even so it was generally accepted that the overall outcome for the UK was an effective fire safety control system but one that was widely regarded as disjointed with limited interconnected legal controls. Because of this legal complexity, the use of specialists with detailed technical understanding and knowledge of differing administrative and enforcement systems had become commonplace. This perception of restriction and limitation did not just apply to fire safety. It was the view of many in commerce that UK regulation was ‘burdensome’ on economic performance. In response, the government established a Better Regulation Executive, ‘to identify and measure the existing administrative burdens which central government regulation places on business, charities, and the voluntary sector, and establish a baseline against which targets for reductions can be set.’ This whole ‘deregulation’ process has itself combined with another dynamic in legislation: one that firmly places responsibility for instigating action and compliance in law on individual employers, rather than awaiting or relying upon enforcement body inspection and direction. This combination has created a culture of self-regulated compliance, with the hope that it will improve overall fire safety in the UK. 1.2.3 The Regulatory Reform (Fire Safety) Order 2005 The UK review of fire safety law was undertaken using the mechanism of regulatory reform. The outcome was the Regulatory Reform (Fire Safety) Order 2005: Statutory Instrument 2005 No 1541. The Fire Safety Order came into force in England and Wales on 1 October 2006. There are similar provisions in Northern Ireland and Scotland. The Fire Safety Order consolidated and rationalised more than 118 pieces of fire safety legislation, which were scattered across a large number of statutes and secondary legislation. It reduced the number of enforcing authorities dealing with general fire safety matters and repealed the Fire Precautions Act 1971 and the Fire Precautions (Workplace) Regulations 1997 (as amended). The Fire Safety Order was designed to maintain the protection afforded to users of premises by existing legislation, and reduce difficulties by: • so far as possible creating one simple fire safety regime applying to all workplaces and other non-domestic premises; • introducing a regime that is risk-assessment based with responsibility for safeguarding the fire safety of the occupants of premises and people who might be affected; • ensuring compliance for fire safety rests with a defined responsible person; • avoiding separate formal validation mechanisms for higher-risk premises (fire authorities base their inspection programmes on their assessment of which premises they consider present the highest risk); • adding a duty to maintain those fire precautions required under the Building Regulations and other similar legislation, which are for the use and protection of the fire service.

Primary legislation relating to premises – like those covered by the Safety at Sports Grounds Act 1975 and Health and Safety at Work etc Act 1974 – has therefore been amended to reflect the Fire Safety Order’s provisions. In these premises, the existing controls remain in place with explicit demarcation drawn between ‘general fire precautions’ and the special, technical, or organisational measures needed to prevent fire from a work process, or to comply with requirements under the Health and Safety at Work etc Act 1974. This means process fire precautions in premises described in Part 1 of Schedule 1 of the Fire Certificates (Special Premises) Regulations 1976 – such as premises where highly flammable liquid or gases are held under pressure, and premises where artificial fertilisers are manufactured – remain outside the remit of the Fire Safety Order. Note, however, that the General Fire Precautions (defined in the Fire Safety Order) in these premises are subject to the requirements of the Fire Safety Order.

FIRE SAFETY IN THE UK

The Fire Safety Order applies to most places used or operated by employers, the selfemployed, and the voluntary sector for ‘commercial’ activity. In Part 1: General, and through a series of definitions under article 6, the Fire Safety Order excludes domestic premises, offshore installations, ships, aircraft, locomotives, motor vehicles, mines, boreholes, and agricultural land. This is because either the fire risk on the premises is judged as minimal (as on open land), or other adequate special safety regimes and agreements already exist in the UK, Europe, or internationally.

Domestic premises – defined as premises occupied as a private dwelling and not by the occupants of more than one such dwelling – and the private living accommodation within houses in multiple occupancy (HMOs) are excluded and remain subject to housing law. In HMOs, those access areas outside the dwellings or ‘common parts’ are included, so halls, stairways and landings, or any places of work become subject to the Fire Safety Order. The broad and generalised consequence, however, is that the Fire Safety Order now covers any workplace premise or other installation, whether on land or water, or in a tent or other moveable structure. Importantly, article 53 – which allows the Fire Safety Order to repeal, revoke and amend, as well as introduce transitional arrangements – includes in Schedule 2 the cessation of the Fire Precautions Act 1971. The fire certificate regime, which was central to the 1971 Act, therefore ceased with effect from the 1 October 2006. It is, however, fully accepted in the fire and rescue service that the risk assessment process that complemented the existing fire certificate and the precautions introduced to satisfy those risks identified remain relevant. This is an important matter for many organisations and for their insurers. Many had naturally focused upon the fire certificate and associated drawings as a sensible visual method of maintaining routine assurance that alterations had not occurred and that required fire safety standards remained applicable and intact. The use of drawings to illustrate features of construction, elements of means of escape, and fire safety defence and mitigation therefore remains a highly appropriate way of demonstrating the fire safety measures in place, though the adequacy of those features and elements depends on the hazard and risk of fire, which must be described in the fire risk assessment. 11

1 FIRE SAFETY IN THE UK

1.2.4 Other legislation As outlined above, a detailed fire risk assessment is a requirement of UK fire safety legislation. In some cases an assessment in compliance with the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) will also need to be undertaken. These assessments will identify the fire hazards and the potential for property and business interruption losses and lead to the preparation of an effective risk control programme for the premises. In addition to the legislation already mentioned, there remain numerous other controls affecting premises, for example in theatres, cinemas, and those licensed to sell alcohol. Usually this is simply because special conditions need to be applied to reflect the added risk posed by the likelihood of large numbers of people being present, or potential for normal vigilance to be relaxed. In many of these situations, the controls over the threat to life safety from fire have been in place for decades, with only minor changes, and are well understood by those owning and managing these businesses. The Licensing Act 2003 not only extended opening hours but transferred responsibility from the courts to local authorities. The consequence was that all premises used for public entertainment â&#x20AC;&#x201C; theatres, cinemas, restaurants, and others selling alcohol (bars, pubs, nightclubs) â&#x20AC;&#x201C; are now part of a consolidated licensing system enforced by local municipal councils. The Licensing Act affects a wider range of premises, including hot food takeaways and occasional sporting events. The Act consolidates and extends licensing, offering more streamlined accountability through the local authority to seek reductions in crime, disorder and public nuisance, prevent harm to children, and promote public safety. A fire and rescue authority (FRA) is a responsible body under the Act and, during the application process for a licence, may inspect and audit premises with a view to making representations to the licensing authority.

1.3 Management responsibilities

The Fire Safety Order is constructed in a way that places great emphasis upon the responsible person. This is the person who must undertake a number of duties related to general fire precautions and required tasks like risk assessment, implementing preventative measures, and maintaining fire safety arrangements. Because it is the responsible person who must in most circumstances undertake these duties, the role is clearly defined in the Fire Safety Order (article 3). The responsible person is: (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) â&#x20AC;&#x201C; (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. 12

If you are the responsible person, you must carry out a fire risk assessment which considers the safety in case of fire of all relevant persons. A relevant person is any person who is or may be lawfully on the premises or any person in the immediate vicinity who is at risk from a fire on the premises. You should pay particular attention to those at special risk, such as the disabled and those with special needs, and must consider any dangerous substance likely to be on the premises. Firefighters who make an emergency attendance at your premises are specifically excluded from the definition of relevant persons by article 2 of the Fire Safety Order.

FIRE SAFETY IN THE UK

There are other EU obligations that require the employer to ensure safety where the premises are a workplace. Other responsible persons may share responsibility to the extent that they can exercise control. This can result in some premises having more than one person with some level of responsibility. Care needs to be taken to ensure these personnel overlaps do not result in failures arising from misunderstandings concerning responsibility for action. An example is a contractor carrying out hot work who sets fire to a building; both the owner and contractor occupy the premises and so both can be prosecuted. However, ultimate responsibility for compliance rests with the responsible person. If there is more than one responsible person in any type of premises, all must take all reasonable steps to work with each other.

Your fire risk assessment will help you identify hazards that can be removed or reduced and to then decide the nature and extent of the general fire precautions you need to take to protect people against the fire hazards that remain. If you employ five or more people you must record the significant findings of the assessment. In addition to those findings, you must include the measures you are or will be implementing to reduce the risk of fire, and details of any people that you have identified as being particularly at risk. Even if you employ fewer than five people, it is good practice to record your findings and actions. You may need to demonstrate to insurers and others that a risk assessment has been conducted and outcomes seriously considered with appropriate actions. The assessment must cover the entire premises. This means any part of the premises that a relevant person has access to or any area that is available as a workspace. This includes the obvious common rooms, corridors, and staircases, as well as the less obvious access roadway, seldom-used store and isolated buildings or spaces housing facilities such as electrical intakes and power plant. Having conducted a risk assessment, the identified hazards should be removed as far as is reasonably practicable and people protected from any remaining hazards. Preventing fires and mitigating their effect is just as important as securing safe escape. It is the responsible person who is required to ensure that an assessment of the risk of, and from, fire is undertaken for the place and activity. Give special consideration to the risks posed by the presence of dangerous chemicals or substances in case of fire. Article 8 states that it is the duty of the responsible person to take ‘so far as is reasonably practicable’ such general fire precautions to ensure the safety of his employees and, in the case of ‘other relevant persons who are not his employees’, similar precautions ‘as may reasonably be required in the circumstances of the case to ensure the premises are safe’.

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Carefully consider the needs of people that may be especially at risk in case of fire, whether owing to their location or any other factor. The first priority is prevention. The second is the protection of all relevant persons by removing fire risks and mitigating the effects of fire with protective measures or fire precautions. Appropriate general fire precautions include: • measures to reduce the risk and spread of fire; • means of escape and measures to secure their safe and effective use; and • measures for the detection and warning of fire. Plans should also be made for the actions to be taken in the event of a fire. Staff should receive instruction and appropriate training. People under 18 years of age should receive special attention and must not be employed without a thorough assessment that recognises, among other things, their inexperience and immaturity. Once a precaution is provided, whether that is a process or physical item, it must be introduced, installed, and maintained by a person who has the necessary competence. The precautions to be maintained should include any provided for the use of the fire brigade in case of fire, such as firefighting shafts, access points, or firefighting riser mains. This may require ongoing liaison with the fire and rescue service. Chapter 2 provides further guidance on fire risk assessment. In addition, the Department for Communities and Local Government has produced a number of publications offering guidance to those who must comply with the Fire Safety Order.

1.4 Enforcement See Practical advice in this chapter: Enforcement tools Enforcement of the Fire Safety Order rests mainly with the local FRA, although in some premises – such as nuclear installations, construction sites, and ships under construction or repair – the Health and Safety Executive will be involved. The Defence Fire Service is responsible for Ministry of Defence establishments and visiting military forces. Local authorities retain their responsibility for issuing safety certificates for sports grounds and, in some cases, Her Majesty’s Inspectors of Fire Services inspects Crownowned or occupied premises. Although it is for each FRA to decide exactly how it will enforce the Fire Safety Order, the practice adopted is that the FRA conducts desk-based, and in some circumstances, physical inspections, based upon risk criteria designed to ensure that those premises believed to present a higher risk receive the highest priority and more frequent attention. Inspections must be facilitated; obstructing an inspector is an offence.

1 The FRA has several enforcement tools at its disposal: Alterations notice Issued under article 29, an alterations notice effectively prohibits change to the premises without formal consultation with the FRA. This notice will be issued when the FRA considers the premises to constitute a serious risk due to features, processes, hazards present, or other circumstances. The notice must indicate why the FRA regards the premises to be of higher risk. Once issued, the responsible person must – before making any change to the premises or services – carry out a revised risk assessment and send a copy to the FRA, together with details of any proposed changes to the general fire precautions, changes of use, changes of substances stored, changes to fittings and so on. The FRA will consider and respond to this notification so that any change undertaken does not increase risk beyond acceptable standards.

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Practical advice: Enforcement tools

Enforcement notice In cases where the FRA considers that there has been a failure to comply with the Fire Safety Order, it may – under article 30 – issue an enforcement notice. This type of notice may be issued in consultation with other bodies, such as the local authority, building control authority, Health and Safety Executive, sports ground enforcement authority, or others that may have to consent to any alterations. The notice will specify the failure and the time allowed to remedy the situation. Failure to comply fully with this type of notice is an offence. Prohibition notice Ultimately, article 31 extends these powers to cover extreme and urgent cases where the FRA believes the premises are so hazardous to life that there should be restricted access or use, or even the closure of the building. There is no requirement to consult anyone under these circumstances and a prohibition notice, once issued, remains in force until the FRA considers the premises to be safe. Prohibition notices have existed under previous fire safety legislation and, while sparsely used, their existence – along with the threat of completely stopping any business – indicates the high level of compliance that is required in matters related to fire safety control. Like other UK legislation, the Fire Safety Order includes, within articles 32 to 36, definitions of offences and punishments. These include fines and imprisonment, and rights of appeal. The latter includes the allowable defence for the charged person that he ‘took all reasonable precautions and exercised due diligence to avoid the commission’ of an offence. It is, however, for the accused individual ‘to prove it was not practicable or reasonably practicable to do more’ to satisfy the Fire Safety Order. If the FRA cannot agree with the person in default on appropriate remedies then the Secretary of State can determine how the Fire Safety Order should be applied.