C3 Regulatory Reform Fire Safety Order

Question 1

Year of RRFSO

Answer 1

2005

Question 2

Enforcing authority

Answer 2

Fire & Rescue Authority in most cases, inc occupied by armed forces
HSE for complex / technical areas, e.g. nuclear, ship under construction / repair, construction sites.
Local authority for premises requiring safety certificate, e.g. sports grounds
Fire inspector authorised by Secretary of State enforces in Crown premises of UK Atomic Energy Authority premises

Question 3

Who are fire inspectors

Answer 3

authorised officers of the enforcing authority

Question 4

Powers of fire inspectors

Answer 4

Do anything necessary for the purpose of carrying out the Order and any regs under it

Enter any premises to inspect it and anything in it where this may be done without use of force

Make enquiries to ascertain if the Order has applies / has been complied with

Identify responsible person

Require production of records that are required to be kept or are necessary for the purposes of the inspection

Inspect and take copies of records

Require facilities and assistance

Take samples of articles / substances to ascertain their fire resistance / flammability

Cause articles / substances that may cause danger to be dismantled or subject to test

Question 5

Article 27?

Answer 5

Powers of inspectors

Question 6

Types of notice

Answer 6

Alterations, enforcement, prohibition

Question 7

Conditions for alterations notice

Answer 7

issued at discretion of enforcing authority
if premises is a serious risk , or would be if changes made to them or their use
person receiving notice must inform enforcing authority of proposed changes
appeals within 21 days to magistrates, notice suspended, appeals to Crown Court

Question 8

Conditions for enforcement notice

Answer 8

similar to HSE improvement notice
where failure to comply with the Order
require steps to be taken to remedy by specific date
specifies provisions to be complied with
may include directions as to how to comply
may be withdrawn by enforcing authority
period to comply may be extended
appeals within 21 days to magistrates, notice suspended, appeals to Crown Court

Question 9

Conditions for prohibition notice

Answer 9

risk so serious to relevant persons that use of premises must be restricted or prohibited
specifies provisions to be complied with
specified use of premises must be restricted or prohibited until specified matters have been remedied
enforcing authority may withdraw notice
appeals within 21 days to magistrates, notice remains in force, appeals to Crown Court

Question 10

means of serving notices

Answer 10

in person
by post
leaving it at the responsible person’s proper address
electronic comms
where no apparent responsible person, affixed to conspicuous part of premises

Question 11

Article 32

Answer 11

Penalties

Question 12

Penalties

Answer 12

Failure to comply with notice leads to prosecution for failure to comply with the notice AND prosecuted for the original non-compliance that led to the notice

Question 13

Penalty details

Answer 13

Summary offences = max fine £5000

Indictable offences = Unlimited fine, 2 years prison or both

Question 14

Burden of proof

Answer 14

legal onus to prove offence not committed is on the accused (similar to HSWA)

Question 15

Dual enforcement

Answer 15

some dangerous substances where RRFSO and Dangerous Substances & Explosives Atmospheres Regs 2002 apply
process risks enforced by HSE under DSEAR
general fire precautions enforced by fire service under RRFSO

Question 16

RRFSO application

Answer 16

factories
warehouses
offices
shops
pubs, clubs, restaurants
hotels
care homes
halls
schools
tents & marquees
open air public gatherings

Question 17

RRFSO focus

Answer 17

measures derived from risk assessment

Question 18

RRFSO general duty

Answer 18

to ensure so far as is reasonably practicable, the safety of employees with regard to fire

Question 19

Responsible person duties

Answer 19

duty for the safety of relevant persons (those lawfully on premises, or in the vicinity and at risk from fire on the premises)

carry out a fire risk assessment
consider who may be at risk
eliminate / reduce risk from fire SFARP
provide general fire precautions
take additional measures where flammables / explosives used / stored
create emergency plan & document
review findings as necessary

Question 20

Part 1

Answer 20

General

Question 21

Part 2

Answer 21

Fire safety duties

Question 22

Part 3

Answer 22

Enforcement

Question 23

Part 4

Answer 23

Offences & Appeals

Question 24

Part 5

Answer 24

Miscellaneous

Question 25

Fire safety duties under part 2

Answer 25

take general fire precautions
risk assessment
apply principles of prevention
fire safety arrangements
eliminate / reduce risks from dangerous substances
firefighting and fire detection
emergency routes & exits
procedures for serious & imminent danger
additional emergency measure ref dangerous substances
maintenance
safety assistance
info to employees, employers, self employed
training
cooperation & coordination
general employee duties

Question 26

When to review fire risk assessment

Answer 26

if suspect no longer valid
significant changes in premises are proposed
change to building structure, contents, activities, occupancy
if young persons are employed
at regular intervals

Question 27

Fire legal framework

Answer 27

RRFSO
Secretary of State can make Regs that provide specific legal requirements
No ACOP - Building Regs Approved Document B
relevant British Standards, eg BS9999:2008 ref fire safety standards in buildings
guidance documents by type of premises to support RRFSO - not prescriptive

Question 28

What do Building Regs Approved Document B cover

Answer 28

applies to new buildings and building alterations
guidance for some more common building situations
no obligation to follow solutions provided
may meet requirements by alternative means
covers structure, fire safety, sound insulation, ventilation, conservation of fuel & power, facilities & access for disabled
covered under 13 parts (labelled A, B, C etc)