- Applies all workplaces and other non-domestic premises.
- New - One simple fire safety regime.
- Existing fire legislation deleted / amended.
- Risk assessment - based.
- Protection for persons inside building and anyone affected by a fire.
- Prevent fire starting •Prevent fire spread •Maintain fire precautions to protect Fire Brigade as required by Building Regs.
Legislation Repealed / Amended
- Fire Precautions Act 1971
- Fire Certification
- Fire Precautions (Workplace) Regulations 1997 + amendment Regs 1999
- Fire Certificate (Special Premises) Regs 1976
- Construction (Health, Safety and Welfare) Regs 1996
- Approx 100 pieces of legislation amended or revoked
- New regime will cover virtually all workplaces and places to which the public have access, but not domestic premises.
- Applies to self employed (but not where they work at home) and voluntary section e.g. Scout Hut
- The Employer
- Person in overall management
- Owner (includes empty buildings)
- Contractors (e.g. Installing Engineers)
- Responsible for employees, anyone on premises plus anyone who may be affected by a fire.
Mitigation of Effects of Fire
- Reasonable protection to people in vicinity of fire, as well as occupants.
- Achieved by preventing fires starting or preventing fire spreading.
- Reduce property damage
- Reduce risks to fire fighters
Procedures for Serious & Imminent Danger & for Danger areas
- Establish procedures to follow.
- Nominate sufficient people to implement system e.g. Fire Marshals.
- Control access to any area where it is necessary to restrict access on safety grounds, unless individual received adequate instruction/training. e.g. Flammable area.
Fire Safety Management
- Appoint one or more competent persons to assist in compliance.
- Ensure adequacy of people, time, resources, access to information suitable.
- Suitable training, experience, knowledge to undertake task.
- Preference to employee than non-employee.
- Based on principle :-Employer/Responsible Person has responsibility/ownership for fire safety of their premises and the people who use them.
- Responsible Person will be expected to determine how to comply with the law.
- Burden of Proof
- As in H&S Law :-
- It is for accused to prove that it was not practicable to do more than was in fact done
- On recruitment.
- New or increased risks.
- Transfer or changed responsibilities.
- New or amended work equipment.
- New technology.
- New or revised system of work
- Instruction & training on necessary precautions.
- Instruction & training on action to take to safeguard themselves and others.
- Repeated periodically.
- Take place during work hours.
- Be free to employee.
- If a breach of duty imposed on an employer, causes damage to an employee, a right of action will be conferred on employee.
- Legal duty to prevent fires.
- Legal duty to prevent fire spread.
- Ownership for fire safety on responsible person. - not Fire Service.
- Reduce impact on environment.
- Reduce property damage.
- Reduce dangers to fire fighters