The Regulatory Reform (Fire Safety) Order 2005 What does it mean for your business?
THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
Responsible Person
• Companies don’t necessarily have to appoint someone • It is a person by default • The employer • The person who has control of the premises • The owner You become the responsible person by the job you do…not because you have been appointed THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
Responsible Person
‌the responsible person must ensure that any duty imposed by articles 8 to 22 or by regulations made under article 24 is complied with in respect of those premises. Does not apply to domestic premises [single private dwelling] Offshore, Ships, Mines, Fields, Aircraft, Train, Borehole THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
Duty to take general fire precautions 8.—(1) The responsible person must— (a)take such general fire precautions as will ensure, so far as is reasonably practicable, the safety of any of his employees; and. (b)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.
THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
FPA Advice is; If you have done a FRA or have paid to have one done…irrespective of the number of people you employ you should keep it and review it.
THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
Might include: Ox /Acetylene Petrol Oil Paint Kerosene
Wood storage Paper storage Waste
THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
Approx 60% of all Risers in Buildings are not, or have never been maintained
THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
“where he has sufficient training and experience, or knowledge and other qualities to enable him properly to assist in undertaking the preventive and protective measures”. THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
Prosecution Case Study Hotels 9 rooms 6 rooms
Pubs
THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
The Result
RP
RA THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
• 8 months • £15,000
• 8 months • £5,862
Advice From The Prosecutor Know the legislation Know the guidance documents Quals/Training/Courses Experience Competent Beware of precedents/templates. Be premises specific Keep up to date THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
October 19th 2012
2 landlord let occupancies with a shared hallway/entrance THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
October 19th 2012
THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
May 2013
Convicted of 5 counts of murder
5 life jail terms
THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
Landlord and Serving Fire Fighter Nov 2015 15 months jail Dismissed from FRS
THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
SUMMARY You may be the responsible person by default – not appointment RP is responsible for ensuring articles 8-24 are adhered to 1.
RP must take fire precautions
2.
RP must arrange for a FRA - Regularly reviewed
Relative to work carried out at premises.
3. Eliminate or reduce dangerous substances 4. Premises must be equipped with appropriate Fire Fighting /Detection equipment 5.
Must ensure that Routes to Exits and Exists are kept Clear at all times
6.
Must carry out Drills and have appropriate procedures
7.
Dangerous substances – safety of RELEVANT People
8.
Maintain ALL fire systems
9.
Appoint COMPETENT persons to assist
10.
Communicate to employees – Risks, procedures, Comp Persons etc
11.
Applies to everyone, employees, other workers, Sub contractors
12.
Must Train all Employees – at time of employment & if things change THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
Powers of Inspectors
• At any reasonable time: • To enter any premises…without the use of force, to inspect all or any part of the premises • To make such enquiries as are necessary to identify the responsible person, and confirm compliance • To require production of, inspect and make copies of records
THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
Powers of Inspectors • To require the assistance and facilities of any person having responsibility in respect of the premises . • To take samples of any article or substance within the premises • To cause any article or substance to be dismantled and subject to any process or test
THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
Offences and penalties On Summary conviction for: • Failure to comply with Fire Safety duties • Failure to comply with an Enforcement Notice • Failure to comply with a Prohibition Notice. Statutory maximum fine or On conviction on Indictment, a fine and / or 2 years imprisonment On Summary conviction for: • Making false records • Giving false information • Obstructing an Inspector in the performance of his duties Statutory Fine, level 5) The following actions can be taken against the premises: • Enforcement Notice • Prohibition Notice • Alterations Notice THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
Statistics • 500 Convictions since 2006 • • • • • • • • • • • •
35% related to living accomodation Care homes HMO Flats Houses converted to Flats Other sleeping accomodation Licenced premises Schools Shops Factories and Warehouses Offices Other premises
THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
11 73 7 21 18 65 5 80 21 5 22
Since 2009 Total 328
Statistics • FSO Articles that have led to Convictions since 2006 • • • • • •
35% related to living accomodation Article 14 Emergency routes and exits Article 9 Risk assessment Article 8 Duty to undertake Fire Precautions Article 13 Firefighting and fire detection Article 17 Maintenance of Premises
THE UK’s NATIONAL FIRE SAFETY ORGANISATION Protecting people, property, business and the environment
276 190 186 153 123
Since 2009 Total 928