RRO

Question 1

The Regulatory Reform Act 2001

Answer 1

This Act enables:
•The reform of legislation which imposes burdens on people carrying out any activity, and;
•Enables codes of practice to be made with respect to enforcement of restrictions, requirements or conditions
It can be used to rationalise any legislation or regulation imposing burdens.

Question 2

The Regulatory Reform Act 2001

Answer 2

The Act only applies to England & Wales and it was seen as the most appropriate route for consolidating fire safety legislation
•In the absence of the RRA, Scotland created its own legislation, namely the Fire Service (Scotland) Act 2005
•Northern Ireland legislation is similar to Scotland’s.

Question 3

The Regulatory Reform (Fire Safety) Order 2005

Answer 3

The Fire Safety Order was made by the Secretary of State using powers conferred by the Regulatory Reform Act 2001
•It reforms the law relating to fire safety in non-domestic premises. It also gives effect to:

• The Order is arranged into ‘articles’. Almost every requirement imposed on responsible persons in the Order is worded ‘where necessary’, ‘ to the extent that is appropriate’ & ‘so far as is reasonably practicable’
• There are frequent references to account being taken of the features, activities & hazards present in the workplace.

Question 4

Premise definition

Answer 4

Includes any place and, in particular:

(a) any workplace;
(b) any vehicle, vessel, aircraft or hovercraft;
(c) any installation on land (including the foreshore and other land intermittently covered by water), and any other installation (whether floating, or resting on the seabed or the subsoil thereof, or resting on other land covered with water or the subsoil thereof); and
(d) any tent or movable structure;

Question 5

Preventative and protective measures definition

Answer 5

Means the measures which have been identified by the responsible person in consequence of a fire risk assessment as the general fire precautions he needs to take to comply with the requirements and prohibitions imposed on him by or under this Order.

Question 6

Relevant Persons definition

Answer 6

Relevant Persons

(a) any person (including the responsible person) who is or may be lawfully on the premises; and
(b) any person in the immediate vicinity of the premises who is at risk from a fire on the premises, but does not include a fire-fighter who is carrying out his duties in relation to a function of a fire and rescue authority under section 7, 8 or 9 of the Fire and Rescue Services Act 2004 (fire-fighting, road traffic accidents and other emergencies), other than in relation to a function under section 7(2)(d), 8(2)(d) or 9(3)(d) of that Act.

Question 7

Responsible Person is?

Answer 7

Workplace employer

Owner

Person in control of premise

( Which is to any
extent under
his/her control)

Question 8

Responible persons duties under RRO

Answer 8

General Fire Precautions to

A) reduce fire and fire spread

b) In relation to the means of escape
c) For securing that at all times the MOE can be safely and effectively used
d) In relation to the means for firefighting on the premises
e) In relation to detecting and giving warning of fire on the premises

In relation to the arrangements for the action to be taken in the event of fire, including -

i. Instruction and training of employees; and
ii. Measures to mitigate the effects of fire.

Question 9

Special, Technical and Organisational Measures

Answer 9

a) Technical means of supervision
b) Connecting devices
c) Control and protection systems
d) Engineering controls and solutions
e) Equipment
f) Materials
g) protective systems, and
h) Warning and other communication systems.

Question 10

RRO DUTY TO COMPLI

Answer 10

Duty to comply is also imposed on every person who has to any extent control of the premises so far as it relates to matters within his control
A person who has a contractual or tenancy obligation to repair, maintain, or ensure safety in a premises will be treated as a person who has control of the premises to the extent that obligation extends.

Question 11

RRO does not COVER?

Answer 11

Domestic Premises

Offshore Installations

Ships (not under repair)

Mines (not surface built)

Articltersl land

Means of tranport

Bore hole sites

Question 12

Risk Assessment

Answer 12

The responsible person must make a suitable and sufficient fire risk assessment to identify the general fire precautions he needs to take
•The assessment must be reviewed to keep it up to date.

Question 13

Responsible Persons’ Principal Fire Safety Duties?

Answer 13

Risk assessment 
Fire and emergency planning 
Means of escape
Staff instruction and training 
Mitigating effects of fire 
Prevention principles
Fire detcetion 
FFE
MAintance & inspection

Question 14

The significant findings of the assessment* and persons identified as being especially at risk must be recorded if

Answer 14

The responsible person employs five or more employees

• A licence under an enactment is in force in relation to the premises
• An Alterations Notice is in force in relation to the premises
• The ‘prescribed information’

Question 15

Prevention principles are?

Answer 15

Elavulating risk
Avoiding risk
Instructing employees

Prioritise Collective Before Individual Protective Measure

Coherent prevent policy

Combatting risk

Technical progress

Replacement

Question 16

The fire safety arrangements must be recorded if :??

Answer 16

The responsible person employs five or more employees
•A licence under an enactment is in force in relation to the premises
•An Alterations Notice is in force in relation to the premises

Question 17

The Regulatory Reform (Fire Safety) Order 2005

Premise includes any place, and particular includes?

Answer 17

(a) any workplace;
(b) any vehicle, vessel, aircraft or hovercraft;
(c) any installation on land (including the foreshore and other land intermittently covered by water), and any other installation (whether floating, or resting on the seabed or the subsoil thereof, or resting on other land covered with water or the subsoil thereof); and
(d) any tent or movable structure;

Question 18

Meaning of responsible person?

Answer 18

In this Order ‘responsible person’ means —

a. in relation to a workplace, the employer, if the workplace is to any extent under his control;
b. in relation to any premises not falling within paragraph (a — the person who has control of the premises,
c. or the owner, where the person in control of the premises does not have control in connection with the carrying on by that person of a trade, business or other undertaking.

Question 19

The Responsible Person must ensure what in relation to dangerous substances?

Answer 19

Eliminate or reduce risk
•Control the risk
•Mitigate the effect of fire
•Arrange for the safe handling, storage, transport (including waste)
•Maintain control measures.

Question 20

Where necessary (due to the features of the workplace, activity or any hazard present) in order to safeguard relevant persons, the Responsible Person must ensure that?

Answer 20

) the premises are, to the extent that is appropriate, equipped with appropriate fire fighting equipment and with fire detectors and alarms;

And

any non-automatic fire fighting equipment so provided shall be easily accessible, simple to use and indicated by signs

Question 21

The responsible person must, where necessary:

FFE?

Answer 21

take measures for fire fighting, adapted to the nature of the activities carried on there and the size of the undertaking and of the premises concerned;

b) nominate competent persons to implement those measures and ensure that their number and training and equipment available to them are adequate, taking into account the size and specific hazards involved in the premises concerned; and
c) arrange any necessary contacts with external emergency services, particularly as regards rescue work and fire-fighting.

Question 22

The following requirements must be complied with in respect of premises where necessary in order to safeguard the safety of relevant persons in case of fire?

Answer 22

(a) emergency routes and exits must lead as directly as possible to a place of safety
(b) in the event of danger, it must be possible for persons to evacuate all workstations quickly and as safely as possible

C the number, distribution and dimensions of emergency routes and exits must be adequate having regard to the use, equipment and dimensions of the premises and the maximum number of persons that may be present at any one time

(a) emergency doors must open in the direction of escape
(b) sliding or revolving doors must not be used for exits specifically intended as emergency exits
(c) emergency doors shall not be so locked or fastened that they can not be easily and immediately opened by any person who may require to use them in an emergency.
a) emergency routes must be indicated by signs; and
(b) emergency routes and exits requiring illumination shall be provided with emergency lighting of adequate intensity in case of failure of their normal lighting.

Question 23

Maintamce and testing requirements?

Answer 23

Where necessary to safeguard the safety of relevant persons in case of fire, the responsible person must ensure the premises and any equipment provided under this order shall be subject to a suitable system of maintenance, and be maintained in an efficient state, in efficient working order and in good repair.

Question 24

Define competent person

Answer 24

Competent’ means that a person has sufficient training and experience or knowledge or other qualities…
The selection of an incompetent person to maintain equipment in an efficient state is therefore a failure to comply with article 17.

Question 25

Meaning of responsible person

Answer 25

3. In this Order 'responsible person' means— (a) in relation to a workplace, the employer, if the workplace is to any extent under his control; (b) in relation to any premises not falling within paragraph (a)— (i) the person who has control of the premises (as occupier or (ii) otherwise) in connection with the carrying on by him of a trade, business or other undertaking (for profit or not); or (ii) the owner, where the person in control of the premises does not have control in connection with the carrying on by that person of a trade, business or other undertaking.

Question 26

Enforcing Authority'?

Answer 26

The fire & rescue authority (most cases) •The Health & Safety Executive in the case of: −Nuclear installations −Ships – construction/repair/conversion −Construction sites. The Defence Fire Service in the case of: −Premises occupied solely by armed forces of the Crown −Premises occupied by visiting forces −Premises (other than ships) within the above but not occupied by them * The local authority for sports grounds * The fire inspector (CPIG) for Crown premises.

Question 27

Enforcement of the order?

Answer 27

Every enforcing authority must enforce the provisions of the Order and for that purpose may appoint inspectors The enforcing authority must have regard to such guidance as the Secretary of State may give it.

Question 28

Power of inspectors ?

Answer 28

An inspector may do anything necessary for the purpose of carrying this Order into effect, and in particular, so far as it may be necessary for that purpose, shall have the power to do at any reasonable time the following: Enter premises which he has reason to believe it is necessary for him to enter for the purpose mentioned above and to inspect the whole or part of the premises and anything in them, where such entry and inspection may be effected without the use of force; To make such inquiry as may be necessary for any of the following purposes – •to ascertain as regards any premises, whether the provisions of this Order or any regulations made under it apply or have been complied with and •to identify the responsible person in relation to the premises. To require the production of any records (including plans) •which are required to be kept by virtue of any provision of this Order; or •which it is necessary for him to see for the purpose of an examination or inspection under this article and to inspect and take copies of, or of any entry in the records.

Question 29

Powers of inspectors

Answer 29

Require facilities and assistance Take samples Dismantle , dangerous articles Provide evidence of authority

Question 30

Alterations notice ?

Answer 30

Xx

Question 31

Enforcement notice ?

Answer 31

Xx

Question 32

Before issuing an Enforcement Notice, the FIre authority ( FA) consult?

Answer 32

``` The local authority Hse ( favtorues) Environmental health (offices/ shops) Building control ir approved inspectors Local authirity ( sports grounds) Any otger authority whos consent is required ```

Question 33

Issuing a proabiction notice

Answer 33

If the enforcing authority is of the opinion that the use of the premises involves or will involve a risk to relevant persons so serious that the use of the premises ought to be prohibited or restricted, the authority may serve on the responsible person, or any other person who has to any extent control [see Art. 5 (3)], a Prohibition Notice. The matters relevant to the assessment of the risk to relevant persons include anything effecting their escape from the premises in the event of fire.

Question 34

Prohibition Notices Must:

Answer 34

* State the enforcing authority’s opinion * Specify matters which give rise, or will give rise, to the risk * Direct that the use to which the notice relates is prohibited or restricted until specified matters remedied. May include directions as to measures to be taken to remedy matters, framed so as to offer choice •Take effect immediately they are served •May be withdrawn at any time.

Question 35

Prohibition & Hmo’sc

Answer 35

* In this article 'premises' includes domestic premises, other than a house which is occupied as a single private dwelling * HMOs are defined by sections 254 – 256 of the Housing Act 2004 * The enforcing authority shall, where practicable, notify the local housing authority of their intention to serve the Notice * No failure to consult the local housing authority makes the Notice void.

Question 36

Offenses

Answer 36

© Fire Service College Ltd 2015 Article 32 Offences A person shall be guilty of an offence if he fails to comply with any requirement imposed by article 29(3) or (4) (alterations notice) and… A person shall be guilty of an offence if he fails to comply with any requirement imposed by an Enforcement Notice.

Question 37

Liable in court

Answer 37

On summary conviction, a fine not exceeding the statutory maximum (changed in June 2016 to unlimited fine) On conviction on indictment, a fine, or imprisonment for a term not exceeding two years, or both.

Question 38

Appeals

Answer 38

person has 21 days from the serving of an Alterations Notice, Enforcement Notice, Prohibitions Notice etc. to appeal to the Magistrates Court •Magistrates may cancel, affirm or modify the Notice.

Question 39

Maintenance of Measures Provided for the Protection of Fire-fighters?

Answer 39

To safeguard fire-fighters in the event of fire, the responsible person must ensure that the premises facilities, equipment and devices provided for the use or protection of firefighters are maintained in an efficient state, efficient working order, and in good repair.