Fire Risk Assessment  -  Conwy

Fire Safety Legislation

The Regulatory Reform (Fire Safety) Order 2005 came into effect in October 2006 and replaced over 70 pieces of fire safety law. Under the Order, the responsible person must carry out a fire safety risk assessment and implement and maintain a fire management plan. 

The order applies to virtually all premises and covers nearly every type of building, structure and open space.

The Order applies to:

• offices and shops;
• premises that provide care, including care homes and hospitals;
• community halls, places of worship and other community premises;
• the shared areas of properties several households live in (housing laws may also apply);
• pubs, clubs and restaurants;
• schools and sports centres;
• tents and marquees;
• hotels and hostels; and
• factories and warehouses.

It does not apply to:

• people’s private homes, including individual flats in a block or house.

You must ensure that you carry out the following:

• undertake  a fire-risk assessment identifying any possible dangers and risks;
• consider who may be especially at risk;
• get rid of or reduce the risk from fire as far as is reasonably possible and provide general fire precautions to deal with any possible risk left;
• take other measures to make sure there is protection if   flammable or explosive  materials are used or stored;
• create a plan to deal with any emergency and, in most  cases, keep a record of your findings; and
• review your findings when necessary.

The responsible person:

Under the order, anyone who has control of premises or anyone who has a degree of control over certain areas or systems may be a ‘responsible person’. For example, it could be:

• Under the order, anyone who has control of premises or anyone who has a degree of control over certain areas or systems may be a ‘responsible person’. For example, it could be:
• the employer for those parts of premises staff may go to;
• the managing agent or owner for shared parts of premises or shared fire safety      equipment such as fire-warning systems  or sprinklers;
• the occupier, such as self-employed people or voluntary organisations if they have any control; or
• any other person who has some control over a part of the premises. Although in many premises the responsible person will be obvious, there may be times when a number of people have some responsibility.

 
Complying with the requirements of the order:

If you are the responsible person, you must make sure you carry out a fire-risk assessment; you can pass this task to some other competent person. However, you will still be responsible, in law, for meeting the order.

The responsible person, either on their own or with any other responsible person, must as far as is reasonably practical make sure that everyone on the premises, or nearby, can escape safely if there is a fire.

This is different from previous legislation in that you must consider everyone who might be on your premises, whether they are employees, visitors or members of the public, for example, at an open-air entertainment venue. You should pay particular attention to people who may have a disability or anyone who may need special help.

The order says that you must manage any fire-risk in your premises. Fire authorities no longer issue fire certificates and those previously in force will have no legal status.

You must still carry out a fire-risk assessment but any fire certificates you have may be useful as a good starting point.

If your premises have been designed and built in line with modern building regulations (and are being used in line with those regulations), your structural fire precautions should be acceptable.. You will still need to carry out a fire-risk assessment and make sure that you keep up all fire precautions and maintenance routines

Failure to comply with the Regulatory Reform (Fire Safety) Order 2005 and in particular regulations made under Article 24 which places a person at risk of death or serious injury, carries an unlimited fine or 2 years imprisonment or both  

Enforcement of the Fire Safety Order

The Local Fire & Rescue Service enforces the order. They have the power to inspect your premises and look for evidence that you have carried out a suitable Risk Assessment and acted on the significant findings.
If they are dissatisfied with the outcome they may issue an enforcement notice or in serious cases a prohibition notice which could prevent your premises from being used until improvements have been made.
Failure to comply with any duty imposed by the order or any notice issued by the enforcing authority, is an offence.

The Fire Service is not allowed to carry out the Fire Risk Assessment for you as they are the Enforcing Authority.

Fire Risk Assessment
                          
A Fire Risk Assessment is nothing more than a careful examination of what, could cause harm to people and the likelihood of fire resulting from activities carried out within the premises , in order that you can determine whether you have taken enough precautions or should do more to prevent harm.

The aims of the Fire Risk Assessment is to:
Identify the fire hazards

Identify People at Risk

Evaluate, remove or reduce the risk of a fire occurring

Record, plan, inform, instruct and train all relevant persons

Review the assessment on a regular basis or when significant changes have occurred

Recording of the Fire risk Assessment

Where the responsible person employs 5 or more employees he must record the information gathered during the fire risk assessment, in particular:

• The significant finding.
• The measures taken, or to be taken, to ensure general fire safety.
• Any persons identified as being especially at risk.
  

Fire Safety Arrangements 

The responsible person must make and give effect to such arrangements as are appropriate to the size and nature of his undertaking for:

• Effective planning.
• Organisation.
• Control.
• Monitoring.
• Review of the preventative measures necessary to manage fire safety.
• Arrangements must be in writing where there are five or more employees.

Fire Emergency Plans 

Part of the Regulatory Reform (Fire Safety) Order 2005 states that you have a responsibility to put into place an Emergency Plan which is automatically put into place in the event of such an emergency.

Responsible persons are required to develop and publish evacuation plans for the buildings or premises under their control.  Each building will require specific plans depending on the type of building and use it is put to, and occupancy. 

Individuals who do not have the ability to recognise that an emergency is taking place or the ability to evacuate a building unaided require a Personal Emergency Evacuation Plan (PEEP). 

Assessment of Premises

Your premises will be visited should you decide to proceed in order that an initial appraisal can be made to ensure that you are given the best possible advice and service.

A written quotation will be sent by post following the visit unless an agreement is reached on site for an agreed fee for the commission.

Any risk-reducing solutions needed will be discussed and low cost solutions identified which will ensure that you are in compliance with the Regulatory Reform (Fire Safety) Order 2005 and that any fire risks are lowered which will benefit you, your staff and your business

Following a Fire Risk Assessment support will be provided should any issues arise as a result of normal premises use or following a visit by a Fire Service Fire Safety Officer.

Competency of Fire Risk Assessors

In general, fire risk assessors need:

• a good understanding of the legislation under which the fire risk assessment is required.
• a sound underpinning combination of education, training, knowledge and experience in the principles of fire safety.
• an understanding of fire development and the manner in which people behave when exposed to fires.
• training and/or experience in carrying out fire risk assessments.
• an understanding of the fire hazards, fire risks and occupants especially at risk from fire that are likely to occur in the building