New Fire Safety Order

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FIRE SAFETY

FIRE SAFETY ORDER

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The new Fire Safety Order has now been approved by the House of Lords and due to come into force in April 2006. However, this date has now been postponed and it is likely to come into force in October 2006.

The aim of the Fire Safety Order - that has been introduced under the Regulatory Reform Order - is to 'simplify, rationalise and consolidate existing legislation'.

Summary of The Fire Safety Order

	All existing fire legislation will be repealed including the Fire Precautions Act 1971, Fire Precautions (Workplace) Regulations 1997/99, Management of Health & Safety in the Workplace Regulations 1999 + 100 pieces of related legislation…
	Fire certificates will no longer be issued for the majority of commercial undertakings by fire brigades.
	Each individual company will be responsible for their own fire safety. The employer must conduct a fire risk assessment regardless of the size of the risk, Staff Fire Training and the provision of fire safety management plans, log books and maintenance of fire safety precautions. The identified responsible person would therefore take full corporate liability.
	If five or more people are employed, this risk assessment must be documented.
	Extended scope of consideration now to include property safety, fire fighter safety and the environment around the site as well as just protecting life. This means that allowing a building to be sacrificed is unacceptable due to the risk to neighbouring buildings and fire fighters. The responsible person would have a duty to protect the fire brigade.
	Unlike the Fire Precautions (Workplace) Regulations, the Fire Safety Order also places emphasis on business continuity and containing and preventing the spread of small fires.
	Protection is explicitly extended to all occupants and not just employees. Visitors, contractors or passers-by also have to be considered in the risk assessment.
	Fire fighters are to have greater authority to gain entry to premises and remove samples after a fire.

What are the implications for business?

With building fire safety being solely risk assessment led, all the UK's 3.7 million businesses must carry out a fire risk assessment and associated staff training and precautions.

Overall the legislation will be less burdensome and clearer, with the fire brigade reinforcing the Safety Order's requirements.

Who is responsible?

Employer with control of a workplace

Failing that…

Person with overall management of a building

Occupier of premises

Owner of premises (i.e. empty buildings)

Whilst other people like landlords have some control, the primary responsibility rests with employer

The employer/responsible person will be held accountable and may be held responsible at the time of inspection or post incident.

Whilst renewing the focus on the fire risk assessments and training the Order will state that fire brigades can advise on but not carry out fire risk assessments.

If you own/operate Licensed premises, i.e. pubs, clubs, hotels etc these changes may be more immediate than for others. The new licensing authority will be the Local Authority and not the Police. All new licensees, prior to the issue/approval of a license, will have to provide proof and documentation that they have written policies, procedures, risk assessments, management plans and training programmes governing for example Fire, Health & Safety and Asbestos safety.

To access products and services that will help you meet your legal obligations as an employer, please click here



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