The background behind the new Order:

• so far as possible, the reform should create one simple fire safety regime applying to all workplaces and other non-domestic premises;
• the regime should be risk assessment-based with responsibility for the fire safety of the occupants of premises and people who might be affected by a fire resting with a defined responsible person;
• there should be no separate formal validation mechanism for higher risk premises. Fire authorities would base their inspection programmes on their assessment of the premises they considered to present the highest risk;
• there should be a duty to maintain those fire precautions required under building regulations, and other similar legislation, which are for the use and protection of fire-fighters;
• there should be a new statutory duty on fire authorities to promote community fire safety, for powers of entry for the investigation of fires, and for a power to take away samples for testing.

• Off shore installations.
• A ship.
• Fields, woods and other lands forming an agricultural or forestry undertaking.
• An aircraft, locomotive or rolling stock or a vehicle for which a licence is in force.
• A mine within the meaning of the Mines and Quarries Act 1954.
• A borehole site.

Dutyholders

ii) in relation to any premises not falling into (i) above, the person who has control of the premises (as occupier or otherwise) in connection with him carrying on a trade, business or other undertaking (for profit or not)
or
iii) the owner where the person carrying on the business does not have any control over the premises.

Fire safety duties

Risk assessment

Young people

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

Fire safety arrangements

• Effective planning
• Organisation
• Control
• Monitoring
• Review of the preventative measures necessary to manage fire safety.

Fire fighting and fire detection

1. Emergency routes and exits
2. Emergency exit routes must be kept clear at all times – the responsible person has the over-riding duty.
3. People must be able to evacuate the building to a place of safety quickly and safely.
4. Emergency routes and exits must be adequate for the needs of the building and its use.
5. Emergency doors must open in the direction of travel.
6. Sliding and revolving doors must not be used as emergency doors unless specifically intended.
7. Emergency doors and exits must not be locked or fastened that they cannot be easily and immediately opened by any person who may need to use them in an emergency.
8. Emergency routes and exits must be indicated by signs.
9. Emergency lighting must be provided where illumination is necessary.

• Fire drills.
• Nomination of adequate numbers of competent persons to implement procedures relating to evacuation.
• Restrictions on access to dangerous areas unless people have appropriate training.
• Provide information to people on the hazards which will create serious or imminent danger and the steps to be taken to protect them from it.
• Implement procedures for the immediate cessation of work if people are exposed to danger and evacuation to a place of safety.
• Implement procedures to prevent any return to work if serious and imminent danger still exists.

Maintenance

Safety assistance

Information for employees

• Employees must also be advised of the competent persons so appointed.
• Where two or more employers share the work place employees must be informed of any additional risks caused by either employer.
• If a child is employed the parent or guardian must be given the information contained in the Risk Assessment.
• Additional information must be given to employees about any dangerous substances.

Information for other persons

Capabilities and training

Co-operation between employers

Duties of employees

Enforcement

Local Authorities will enforce fire safety at sports grounds which fall under the control of the Safety of Sports Grounds Act 1975.

Powers of inspectors

An authorised inspector may do anything necessary to carry out the duties imposed by the Order.

At any reasonable time he may enter and inspect the premises, make enquiries about any matter, check documents and records, identify the responsible person, take samples and extracts of documents or undertake any other task he deems necessary.

Enforcement notices

The enforcing authority can serve a notice on the responsible person if they are of the opinion that the responsible person is failing to comply with the Order.

The Notice must state what is wrong and why and include the steps that the person must take to comply with the Notice. A period of not less than 28 days must be given for the carrying out of works.

Fire Authorities must consult with other enforcing authorities where necessary before requiring works of alteration.

Prohibition notices

If the Fire Authority believes that the use of the premises constitutes a risk to persons so serious that the use of the premises ought to be prohibited or restricted they can serve a Prohibition notice.

A Prohibition Notice takes effect immediately it is served if the risk to safety is considered to be imminent, otherwise the Notice can be deferred.

Alterations notices

If a Fire Authority believes that fire safety may be compromised if premises are altered they may serve an Alterations Notice on the responsible person requiring them to inform the Authority of the pending alteration.

Offences

The responsible person commits an offence if he fails to comply with the duties imposed by the Order.

Offences are prosecutable in the Magistrates Court or the Crown Court. Fines and or terms of imprisonment can be imposed.

Any person can be prosecuted for certain offences e.g. employees who fail to look after their own or others safety.

Defences

The person charged with an offence can exercise the defence that he took all reasonable precautions and took all due diligence to avoid the commission of the offence. The accused must prove that it was not reasonably practicable to do more than he did do to satisfy the duty or requirement.

Appeals

A person on whom a Notice of any kind is served can appeal the Notice to the Court. The Court can uphold, amend or repeal the Notice.

Prohibition Notices are not suspended pending the appeal.

Miscellaneous provisions

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