The Regulatory Reform

The Regulatory Reform (Fire Safety) Order 2005 (the ‘Fire Safety Order’) came into force on 1 October 2006. From that date, virtually all legislation under which fire safety was controlled in non-domestic premises in England and Wales was repealed (or amended to repeal those clauses requiring fire safety measures of the nature required by the new

legislation).

In particular, from 1 October 2006:

• The Fire Precautions Act was repealed. Existing fire certificates issued under the Act no longer have any effect.

• The Fire Precautions (Workplace) Regulations were repealed.

• The Management of Health and Safety at Work Regulations were amended by repealing all requirements that relate to compliance with the Fire Precautions (Workplace) Regulations.

• The Fire Certificates (Special Premises) Regulations were repealed.

The potential application of the Health and Safety at Work, etc Act to general fire safety matters was also substantially restricted. Also, the new legislative regime now takes precedence over fire safety requirements that could, otherwise, be imposed under licensing and registration schemes.

The effect is to simplify and rationalize fire safety legislation by consolidating the requirements of existing legislation into one single legislative regime, enforced in most premises by the fire and rescue authority. The effect is to impose a general duty of fire safety care on those who employ people to work in premises and those who occupy premises, other than single family dwellings as well as on those who have control over such premises (e.g. as owners, landlords or managing agents). This includes not only workplaces, but also the common parts of houses in multiple occupation.

The Fire Precautions (Workplace) Regulations, and the requirements of the Management of Health and Safety at Work Regulations in respect of fire safety management, emanated from European Directives (the Framework Directive and the Workplace Directive). In repealing these requirements, it was necessary to continue the requirements of the Directives, particularly in relation to protection of employees from fire. Accordingly, the wording of these repealed Regulations, which was ‘copied out’ from the European Directives, has been further copied into the Fire Safety Order. The new legislative regime also incorporates relevant requirements previously contained within the Fire Precautions Act.

The objective of this short course is to enable persons, who have some knowledge of fire protection principles, to apply their skills competently in conducting or auditing the ‘fire risk assessments’ (described in these notes as ‘fire risk assessments’) required by the Fire Safety Order. Thus, the course objectives are as follows:

• To provide an understanding of the principles of fire safety.

• To provide an awareness of guidance on fire protection measures.

• To provide an overview of fire safety legislation.

• To provide an understanding of the Regulatory Reform (Fire Safety) Order sufficient to enable delegates to undertake and review fire risk assessment.

• To understand, and distinguish between, the responsibilities of employers and landlords under the legislation.

• To understand the basis for the legislative requirement to carry out fire risk assessments.

• To enable a common relevant terminology to be adopted by those conducting fire risk assessments.

• To provide an understanding of the principles and scope of fire risk assessments required by legislation.

• To establish a pragmatic approach that can be adopted towards assessment of fire prevention measures, fire protection measures and management of fire safety, for the purpose of conducting fire risk assessments.

The course includes a practical exercise, which will be undertaken as a workshop, with delegates divided into groups. The course also includes a means for measuring the competence of delegates by written examination.