Fire safety provisions – does your club comply with the new rules?
The Regulatory Reform (Fire Safety) Order 2005 was enforced on 1st October 2006 in England and Wales and will affect employers and others who are responsible for buildings to which the public may have access, all non domestic premises, including the voluntary sector and the self employed where premises are separate from their homes.
Members of the British Fire Consortium (BFC) are well placed to assist employers and others who need to comply with the new Order as, between them, they offer a broad range of fire and safety consultancy and training services, together with the installation and maintenance of fire safety equipment and systems.
Phil Wright’s company, SafetyCO UK is one of the BFC’s 250 member companies, which is already helping companies and organisations comply with the new Order. 1st. We asked him to explain what those in charge of football stadiums need to know.
Q. Why was a Regulatory Reform Order necessary?
PW. The purpose of the Order was to simplify, rationalise and consolidate the law with respect to fire safety in buildings and to comply with European Directives on Fire Safety. There were nearly one hundred regional and national Acts and statutory instruments relating to fire safety provision, some of which were inconsistent, or out of date and not applicable to today’s society.
Legislation which has been repealed or amended under the new Order includes the Fire Precautions Act 1971, the Fire Precautions (Application for Certificate) Regulations 1989, The Fire Precautions (Workplace) (Amended) Regulations 1999, the Housing Act 1985 and the Smoke Detectors Act 1991 plus 73 more pieces of legislation!
Q. What type of buildings does the new Order cover?
PW. The Order categories the buildings it is designed to protect into the following 11 categories: Offices and Shops, Factories and Warehouses, Sleeping Accommodation (guest houses, hotels etc.), Residential Care Premises, Educational Premises, Small and Medium Places of Assembly (community halls, places of worship etc.), Large Places of Assembly (such as football and other sports stadiums), Theatres and Cinemas, Health Care Premises and Transport Premises and Facilities.
Q. How will a football club know how to comply?
PW. The government has produced a set of guides which explain how to manage this task in different types of premises and these can be can be downloaded free of charge from www.communities.gov.uk They should be seen as a lay person’s guide to the Order and will play the same role as the Management Regulations’ Codes of Practice or the Construction Law’s Schedules. However, the sensible alternative to time consuming self assessment is to contact a member of the British Fire Consortium, who will be able to manage your risk assessment for you and make recommendations for the most sensible and cost effctive way of complying with the new rules.
Q. So what does the guide tell us to do?
PW. The starting point for all categories of building is the identification of a responsible person who will be held ultimately responsible for the safety of the employees and relevant persons using the building. This will normally be the person who owns or controls the business or premises (where two or more such persons share a responsibility i.e. landlord and tenant, they are obliged to co-operate.) Unless a landlord/employer has a fire service or other appropriate background, the Order does not expect the responsible person to have the required levels of theoretical and practical knowledge to deliver the appropriate duty of care. Therefore it stipulates that the responsible person must appoint one or more competent persons to assist them.
Q. How do I determine that a person is competent?
PW. In premises such as a football stadium, the appointment of such a competent person would normally fall within the remit of the Facility Manager who would source a specialist fire and safety consultant or company. There are fire industry standards which define competence and which FM’s can adhere to ensure they are appointing suitably qualified professionals. For example BS 5306 defines a competent technician who installs and maintains portable fire extinguishers, as one who has passed a BAFE (British Association of Fire Equipment) approved examination. Facility Managers should therefore demand proof that technicians meet this requirement when sourcing a professional fire safety company. BFC member examinations are BAFE certified and assessed to stringent quality and performance standards by the Consortium.
The Order makes it clear that failure to carry out these responsibilities may result in enforcement by the enforcing authority through the actions of an inspector. Conviction for failing to comply with the Order may lead to a fine or up to two year’s imprisonment.
Q. What does the responsible person and his or her team need to do exactly?
PW. The order states that this person is responsible for the safety of the employees and relevant persons by properly managing the following: (the Order defines a relevant person as anyone other than an employee who may be on the premises or may be affected by an incident arising in the premises.)
Q. That’s a fairly long list – where do we start?
PW. It’s really not as alarming as it seems. Most organisations and FMs will have already addressed these issues through their compliance with current legislation such as the Fire Precautions Regulations 1997 (amended in 1999) which states that every premise has to have a fire risk assessment and, if you employ 5 or more persons, that risk assessment has to be in writing.
Q. Do we still have to prepare a Fire Risk Assessment then?
PW. Absolutely, the Fire Risk Assessment forms the main ethos of the new Order and must be formally recorded if the responsible person employs five or more people, or if the type of premises or the inspector requires it (this will be indicated in the appropriate Guide). For example a factory producing highly flammable materials would require a written risk assessment even if only three people were employed.
The Order states that the risk assessment must be reviewed regularly to make sure it’s working and when significant changes to the building or work activity occur. Any actions required have to be commensurate with the specific risks likely to occur at the type of premises, and these are laid out in the individual Guides.
Q. Does the risk assessment have to include persons other than employees using the building?
PW. Yes the Order says the assessment has to focus on the safety in case of fire of all relevant persons and these would include employees, visitors, members of the public - even trespassers! It must also take into account those persons at special risk such as the disabled and those with special needs of any type.
Q. How do I actually implement the rules set out in the Guide?
PW. By producing a set of policies and procedures which as any Facility Manager will know is already required under the Health and Safety at Work Act, section 2.(3) and The Management of Health and Safety at Work Regulations 1999, Regulations 8 & 9. The relevant Guide will help set out policies which are appropriate to your club in order to reduce the risk of fire starting in the first place. Under the terms of the new order, there must be a policy in place which aims to minimise the risk of fire, reduce its spread and provide clear means of escape. The simplest policy to implement and which drastically reduces the risk of fire in any premises is a “No Smoking” policy. Another policy, which will be applicable to all buildings, is to have all electrical equipment portable appliance tested. The Guides also advise on the most sensible procedures according to the building type and they must be set up and recorded. They must identify circumstances that trigger the procedure and give details of the evacuation and readmission drill.
Q. What records have to be kept?
PW. The Order demands that records are kept of the fire risk assessment, the fire safety policy, the fire safety procedures, training and drills as well as the installation and maintenance of equipment such as alarms, emergency lighting and portable fire extinguishers. Most fire safety consultancy companies will provide log books for this purpose.
Q. Give me some examples of the work which may be required at my club.
PW. Basic fire prevention measures will include means of escape which are kept clear at all times with the evacuation route clearly marked with appropriate signs. Emergency lighting must be provided in escape routes if appropriate. You will also need to install fire detection and alarm systems which are appropriate to the risk. Appropriate fire fighting equipment must also be provided – normally portable fire extinguishers. Fire doors and other measures taken to reduce the risk of fire must be kept in good order and equipped with appropriate seals and self closing devices. You should also consider the spread of a fire beyond your premises – for example think how road users may be affected if your club was situated next to a motorway.
Q. What about staff training?
PW. The Order says that all employees must be given adequate fire safety training (during normal working hours) when they commence employment as well as receiving refreshers as appropriate. This must include training in the use of fire extinguishers.
Q. How will the Order be enforced?
PW. By Inspectors working for the Enforcing Authority (usually the local Fire and Rescue Service, but HSE, MOD and the Local Authority (Environmental Health) will also be responsible for special establishments under their control.) The Inspector will usually be a local fire officer. The Order permits the Inspector to enter premises, inspect, ask questions and identify who is the responsible person. He or she may also copy fire safety records and take samples as deemed necessary.
Q. And if I’m still confused?
PW. Call me or any other member of the British Fire Consortium specialising in the preparation of fire risk assessments – we’ve made it our business to fully understand the implications of the new Order and many of us have experience in preparing fire risk assessments for football clubs.
Leigh-Anderson Associates are retained by the British Fire Consortium to provide PR (Press Relations) services and marketing support on request. If you have an industry comment, potential case study or other news worthy event e.g. 10 year anniversary, local award etc please call David or Alison at LAA on 01579 321750 or email BFC@leighandersonassociates.com
Members of the British Fire Consortium (BFC) are well placed to assist employers and others who need to comply with the new Order as, between them, they offer a broad range of fire and safety consultancy and training services, together with the installation and maintenance of fire safety equipment and systems.
Phil Wright’s company, SafetyCO UK is one of the BFC’s 250 member companies, which is already helping companies and organisations comply with the new Order. 1st. We asked him to explain what those in charge of football stadiums need to know.
Q. Why was a Regulatory Reform Order necessary?
PW. The purpose of the Order was to simplify, rationalise and consolidate the law with respect to fire safety in buildings and to comply with European Directives on Fire Safety. There were nearly one hundred regional and national Acts and statutory instruments relating to fire safety provision, some of which were inconsistent, or out of date and not applicable to today’s society.
Legislation which has been repealed or amended under the new Order includes the Fire Precautions Act 1971, the Fire Precautions (Application for Certificate) Regulations 1989, The Fire Precautions (Workplace) (Amended) Regulations 1999, the Housing Act 1985 and the Smoke Detectors Act 1991 plus 73 more pieces of legislation!
Q. What type of buildings does the new Order cover?
PW. The Order categories the buildings it is designed to protect into the following 11 categories: Offices and Shops, Factories and Warehouses, Sleeping Accommodation (guest houses, hotels etc.), Residential Care Premises, Educational Premises, Small and Medium Places of Assembly (community halls, places of worship etc.), Large Places of Assembly (such as football and other sports stadiums), Theatres and Cinemas, Health Care Premises and Transport Premises and Facilities.
Q. How will a football club know how to comply?
PW. The government has produced a set of guides which explain how to manage this task in different types of premises and these can be can be downloaded free of charge from www.communities.gov.uk They should be seen as a lay person’s guide to the Order and will play the same role as the Management Regulations’ Codes of Practice or the Construction Law’s Schedules. However, the sensible alternative to time consuming self assessment is to contact a member of the British Fire Consortium, who will be able to manage your risk assessment for you and make recommendations for the most sensible and cost effctive way of complying with the new rules.
Q. So what does the guide tell us to do?
PW. The starting point for all categories of building is the identification of a responsible person who will be held ultimately responsible for the safety of the employees and relevant persons using the building. This will normally be the person who owns or controls the business or premises (where two or more such persons share a responsibility i.e. landlord and tenant, they are obliged to co-operate.) Unless a landlord/employer has a fire service or other appropriate background, the Order does not expect the responsible person to have the required levels of theoretical and practical knowledge to deliver the appropriate duty of care. Therefore it stipulates that the responsible person must appoint one or more competent persons to assist them.
Q. How do I determine that a person is competent?
PW. In premises such as a football stadium, the appointment of such a competent person would normally fall within the remit of the Facility Manager who would source a specialist fire and safety consultant or company. There are fire industry standards which define competence and which FM’s can adhere to ensure they are appointing suitably qualified professionals. For example BS 5306 defines a competent technician who installs and maintains portable fire extinguishers, as one who has passed a BAFE (British Association of Fire Equipment) approved examination. Facility Managers should therefore demand proof that technicians meet this requirement when sourcing a professional fire safety company. BFC member examinations are BAFE certified and assessed to stringent quality and performance standards by the Consortium.
The Order makes it clear that failure to carry out these responsibilities may result in enforcement by the enforcing authority through the actions of an inspector. Conviction for failing to comply with the Order may lead to a fine or up to two year’s imprisonment.
Q. What does the responsible person and his or her team need to do exactly?
PW. The order states that this person is responsible for the safety of the employees and relevant persons by properly managing the following: (the Order defines a relevant person as anyone other than an employee who may be on the premises or may be affected by an incident arising in the premises.)
- fire risk assessments
- fire safety policy
- fire procedures
- fire drills
- means of escape
- signs and notices
- emergency lighting
- fire alarm/s
- fire extinguishers
- fire doors and compartments
- fire evacuations
Q. That’s a fairly long list – where do we start?
PW. It’s really not as alarming as it seems. Most organisations and FMs will have already addressed these issues through their compliance with current legislation such as the Fire Precautions Regulations 1997 (amended in 1999) which states that every premise has to have a fire risk assessment and, if you employ 5 or more persons, that risk assessment has to be in writing.
Q. Do we still have to prepare a Fire Risk Assessment then?
PW. Absolutely, the Fire Risk Assessment forms the main ethos of the new Order and must be formally recorded if the responsible person employs five or more people, or if the type of premises or the inspector requires it (this will be indicated in the appropriate Guide). For example a factory producing highly flammable materials would require a written risk assessment even if only three people were employed.
The Order states that the risk assessment must be reviewed regularly to make sure it’s working and when significant changes to the building or work activity occur. Any actions required have to be commensurate with the specific risks likely to occur at the type of premises, and these are laid out in the individual Guides.
Q. Does the risk assessment have to include persons other than employees using the building?
PW. Yes the Order says the assessment has to focus on the safety in case of fire of all relevant persons and these would include employees, visitors, members of the public - even trespassers! It must also take into account those persons at special risk such as the disabled and those with special needs of any type.
Q. How do I actually implement the rules set out in the Guide?
PW. By producing a set of policies and procedures which as any Facility Manager will know is already required under the Health and Safety at Work Act, section 2.(3) and The Management of Health and Safety at Work Regulations 1999, Regulations 8 & 9. The relevant Guide will help set out policies which are appropriate to your club in order to reduce the risk of fire starting in the first place. Under the terms of the new order, there must be a policy in place which aims to minimise the risk of fire, reduce its spread and provide clear means of escape. The simplest policy to implement and which drastically reduces the risk of fire in any premises is a “No Smoking” policy. Another policy, which will be applicable to all buildings, is to have all electrical equipment portable appliance tested. The Guides also advise on the most sensible procedures according to the building type and they must be set up and recorded. They must identify circumstances that trigger the procedure and give details of the evacuation and readmission drill.
Q. What records have to be kept?
PW. The Order demands that records are kept of the fire risk assessment, the fire safety policy, the fire safety procedures, training and drills as well as the installation and maintenance of equipment such as alarms, emergency lighting and portable fire extinguishers. Most fire safety consultancy companies will provide log books for this purpose.
Q. Give me some examples of the work which may be required at my club.
PW. Basic fire prevention measures will include means of escape which are kept clear at all times with the evacuation route clearly marked with appropriate signs. Emergency lighting must be provided in escape routes if appropriate. You will also need to install fire detection and alarm systems which are appropriate to the risk. Appropriate fire fighting equipment must also be provided – normally portable fire extinguishers. Fire doors and other measures taken to reduce the risk of fire must be kept in good order and equipped with appropriate seals and self closing devices. You should also consider the spread of a fire beyond your premises – for example think how road users may be affected if your club was situated next to a motorway.
Q. What about staff training?
PW. The Order says that all employees must be given adequate fire safety training (during normal working hours) when they commence employment as well as receiving refreshers as appropriate. This must include training in the use of fire extinguishers.
Q. How will the Order be enforced?
PW. By Inspectors working for the Enforcing Authority (usually the local Fire and Rescue Service, but HSE, MOD and the Local Authority (Environmental Health) will also be responsible for special establishments under their control.) The Inspector will usually be a local fire officer. The Order permits the Inspector to enter premises, inspect, ask questions and identify who is the responsible person. He or she may also copy fire safety records and take samples as deemed necessary.
Q. And if I’m still confused?
PW. Call me or any other member of the British Fire Consortium specialising in the preparation of fire risk assessments – we’ve made it our business to fully understand the implications of the new Order and many of us have experience in preparing fire risk assessments for football clubs.
Leigh-Anderson Associates are retained by the British Fire Consortium to provide PR (Press Relations) services and marketing support on request. If you have an industry comment, potential case study or other news worthy event e.g. 10 year anniversary, local award etc please call David or Alison at LAA on 01579 321750 or email BFC@leighandersonassociates.com