C3 Regulatory Reform Fire Safety Order Flashcards
Year of RRFSO
2005
Enforcing authority
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
Who are fire inspectors
authorised officers of the enforcing authority
Powers of fire inspectors
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
Article 27?
Powers of inspectors
Types of notice
Alterations, enforcement, prohibition
Conditions for alterations notice
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
Conditions for enforcement notice
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may be withdrawn by enforcing authority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
Conditions for prohibition notice
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
means of serving notices
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
Article 32
Penalties
Penalties
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
Penalty details
Summary offences = max fine £5000
Indictable offences = Unlimited fine, 2 years prison or both
Burden of proof
legal onus to prove offence not committed is on the accused (similar to HSWA)
Dual enforcement
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
RRFSO application
factories warehouses offices shops pubs, clubs, restaurants hotels care homes halls schools tents & marquees open air public gatherings
RRFSO focus
measures derived from risk assessment
RRFSO general duty
to ensure so far as is reasonably practicable, the safety of employees with regard to fire
Responsible person duties
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
Part 1
General
Part 2
Fire safety duties
Part 3
Enforcement
Part 4
Offences & Appeals
Part 5
Miscellaneous
Fire safety duties under part 2
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
When to review fire risk assessment
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
Fire legal framework
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
What do Building Regs Approved Document B cover
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)
