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From the first of October new fire safety regulations have been in force that will have an effect on anyone responsible for a factory, shop or warehouse, as well as virtually any other kind of public property.
Those responsible for any premises in England and Wales where people gather face the new rules, approved by Parliament in June last year, which will apply to virtually all premises in England and Wales. The legislation covers nearly every type of building, structure and open space except for private homes and individual flats in a block or house, although communal areas will be affected.
The responsibility for fire safety will lay with employers, self-employed with premises, voluntary organisations, those responsible for buildings with public access and any contractor who exercises a degree of control over any premises.
The government says it has consulted widely before drafting the legislation, and has found a fair amount of support. The Federation of Small Businesses (FSB) health and safety spokesperson, Mary Boughton, said of the regulations: "It is vital that all businesses protect the Health and Safety of their staff. As part of their duty to do that they must be aware of the new rules about fire safety that come in to force in October. We urge all small firms to check that they have the necessary steps in place to protect their staff and premises from the risk of fire for the sake of both their workers and the viability of their business."
The regulations are part of a roots and branch redevelopment of fire safety, and a look at the figures shows why it was considered necessary. There were approximately 81,500 fires in non-domestic premises – places where people work, meet and gather– in England and Wales between 2002 and 2004, as a result 65 people died and about 3,900 were injured.
The overall economic cost of fire in England and Wales was just over £796m in 2004 – this figure includes property losses, fatalities, injuries – and lost business and the average economic consequential cost of fire to a business in 2004 was £34,400
As a result of this the new regulations now require that the ‘responsible person’ must ensure the safety of everyone who uses their premises, they must also ensure that fire protection equipment (for example, fire extinguishers) and facilities are maintained in good working order. Among the benefits of the changes is the simplification of the system, fire safety law will be covered by one piece of legislation, the emphasis of regulation has been shifted to concentrate on preventing fires and reducing risk. The old fire certificates are abolished and there will no longer be the need to pay for one.
Overseeing the new regulations is Fire Minister Angela Smith who is a Minister with the Department for Communities and Local Government – even the job titles and government departments seem to be brand new. “Prevention has always been better than cure and these important reforms reflect the Government’s continued focus on risk assessment and fire prevention to reduce death, injury and damage caused by fire. It is also a flagship example of the drive to cut red tape by making it quicker and easier to tackle over-complicated regulation,” Smith claims.
Responsibility for enforcement will be with the local fire and rescue service authority which will carry out regular inspections with top priority going to those premises presenting most risk to the community. They are able to do this within the context of the new Integrated Risk Management Planning (IRMP), part of the Government’s modernisation agenda for the FRS.
For more than 40 years, the fire and rescue service provided cover for fires according to recommended standards. These standards dated back to 1947 and were based on property types within a given area.
Integrated risk management has shifted the focus in planning to put people first, looking at the risks arising from all fires and other emergency incidents, and at the options for reducing and managing them.
It will be interesting to see how well the new regulations perform as we come into the first few months of their implementation, but it does seem certain that by and large they have simplified a previously complex area of bureaucracy. As the Head of Her Majesty’s Fire Service Inspectorate Sir Graham Meldrum, who has been involved in developing the regulations points out: “The new rules will apply to most places except private houses and will make fire safety law easier to understand by doing away with the existing 70 separate pieces of legislation and replacing them with a new regime focused on preventing fires happening in the first place.”
If you operate premises, whether you are a tool retailer, have a warehouse, or have a factory in England or Wales it would certainly be worthwhile to visit the Department for Communities and Local Government website and making sure your property meets all the new requirements.
“The fire and rescue service will carry out inspections and failure to comply could lead to enforcement action or even prosecution,” Sir Graham Meldrum says, but goes on to point out: “If you meet your obligations under the current law, the new regime should not cost you anything more and may save you money.”
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