Plain mans guide to the RRO
Following the introduction into law of the Regulatory Reform (fire safety) Order 2005 in October 2006 the number of prosecutions for non compliance has risen exponentially with heavy fines now routinely dispensed for breaches of the Act.
As the detail of the Act runs to nearly 150 pages, with 53 provisions extending to some 30000 words I give below a condensed version that should interest all owners and managers who fall into the RRO net.
Should the Fire safety inspector call you must be able to demonstrate the following
1) A Risk Assessment has been carried out for each room to identify potential fire risks and identify appropriate measures to reduce or eliminate any Risks. You can access self help Risk assessment programmes using CD and DVD formats for PC.
2) If your organisation employs 5 people or more the Risk assessment analysis, outcomes and ongoing fire safety management should be documented and stored in an appropriate location accessible to the inspectors
3) The fire safety measures and fire protection systems identified in the Risk Assessment have been installed / implemented and fire safety instructions and procedures published. You have a duty to provide such fire detection and fire fighting equipment including fire extinguishers, smoke and fire alarms and emergency signage as identified in your risk assessment.
4) You have designated a responsible person to oversee fire safety on the premises
5) If the Responsible person in turn designates competent persons to manage aspects of fire safety you have a duty to ensure they and all staff received appropriate information and training in line with your fire safety policy.
6) You should designate fire exit routes indicated by fire safety signs and emergency lighting if appropriate and display fire emergency procedures in a prominent location for reference by staff and visitors.
7) Ensure that all fire safety equipment is maintained in working order. If you employ more than 5 people equipment maintenance records should be documented and stored preferably in a Fire Safety Document Cabinet for inspection.
8) You have appropriate storage for any hazardous or flammable substances used or stored on the premises preferably in a COSHH or DSEAR compliant cabinet.
Following these guidelines should keep you the right side of the RRO legislation.
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RRO enforcers get a taste of their own medicine
It is the irony of all ironies that on Monday, June 07, 2010 following a request under the freedom of information act, it was disclosed that Eland House the London headquarters of Communities and Local Government – the government department that orchestrates fire safety policy in England and Wales – has been served with an enforcement notice under the Regulatory Reform (Fire Safety) Order 2005 .
In a further twist the enforcement notice, dated 16 February 2010 results from a fire safety audit carried out on 26 November 2009 by the Crown Premises Inspection Group which is responsible to the government’s Chief Fire and Rescue Adviser, whose unit is based – where else but in Eland House.
The report issued by the inspector from the enforcing authority, the Crown Premises Inspection Group was witheringly critical of the fire safety provisions in the building stating:
“The concepts of ‘responsible’ and ‘competent’ persons, and the duties placed upon those persons under the Order, appear not to be understood within CLG premises”.
The enforcement notice goes on to list no less than 13 breaches of the 15 Articles of the RRO relating to the duties required of the responsible person. At that time this was presumably John Denham the then secretary of state for Communities and Local Government. Deficiencies found included what was termed the “unacceptable” policy that no one should use portable fire extinguishers in the building, the inability of the building to support the phased evacuation strategy, inadequate arrangements to ensure visitors and contractors are accounted for in an evacuation and inadequate means of escape for the number of people likely to occupy the building.
Even though Eland House is listed as Crown premises it is still subject to fire safety legislation including the RRO. Inspection and enforcement procedures are similar to those applied to commercial premises but that is where the similarities end. Crown Immunity means the responsible person cannot actually be prosecuted for the offences committed. So John Denham can sleep easy in the certain knowledge that a fine on the scale of the £400,000 metered out to New Look for less serious misdemeanors is not heading his way any time soon.
Tony
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Tall stories
A news item that by chance landed on my desk set the old blood boiling again. Now anyone reading this blog will be familiar with Fire Risk Assessments, the central plank of the new Fire Safety Legislation – i.e. the LAW.
I have repeatedly warned that the Fire Inspection Officers are on the hunt for Businesses that fail to complete and act on a Risk Assessment, for which the business must foot the bill. Some pretty heavy fines have been imposed on the non believers.
The Legislation has been in force since 2005 and a period of grace was purportedly allowed for Businesses to catch up with compliance which includes private landlords particularly of multi-occupancy dwellings – or Flats to you and me. It seems there is one law for business and one for ….. er……well ……. the lawmakers or at least the public sector.
It is not so long ago that I reported a private landlord had been ordered to pay over £20,000 in fines and costs after pleading guilty to breaches of Fire Safety Legislation.
Then I read last week that leaseholders who had purchased property in Tower blocks operated by Southwark Council were being asked to pay for “crucial fire safety works” identified from a “recent” Fire Risk Assessment. Council tenants living in the same blocks on the other hand are to pay nothing. And it is not a small sum either at an average of £10k per property.
Apart from the obvious and unfair discrimination the question I have is that as the Council has had as much time as any business to conduct a Fire Risk Assessment, had the buildings previously been cleared as safe under the new or even the old legislation? If they had been cleared as safe how come it is going to cost £4million to bring them into compliance? If not why has it taken over 4 years to conduct a Fire Risk Assessment? No business would get away with this.
You may recall the fire last year at Lakanal House tower block in nearby Camberwell that claimed six lives. The official report on this tragedy is still awaited but it seems obvious to conclude the building was a fire risk. If this proves to be the case, will the Landlord aka the Council be fined for non compliance under the RRO? I doubt it.
The unfortunate leaseholders in Southwark are opposing the charge for fire safety improvements and I wish them luck but I also wonder if Councils have the same obligation as mere mortals to provide HIP’s for the properties they sell? The owners could have a case for misrepresentation as they were clearly not told at the point of purchase that the fire safety provisions were inadequate and they were buying a potential fire trap.
For more information on Fire Risk Assessments visit our Advice pages or go to www.communities.gov.uk/fire/firesafety/firesafetylaw/aboutguides/ If you need some help in completing a Risk Assessment take a look at our self help tutorials and manuals. We can also arrange a professional Fire Risk Assessment and Action Report.
Tony
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Risk Assessment
It is fair to say that most Brits are now just about full to the back teeth with the winter weather. It has dominated every news channel for days on end and all small talk seems to start with a comment on the state of the snow, how cold it is or how long it will last.
The effects of the snow on our daily lives has exposed the more bizarre consequences of our risk averse society. Schools closed because of the risk that teachers and children may hurt themselves getting to school. Even if the school is open the kids can’t play outside for the same reason and snow ball fights are banned. It seems everything we now do must be first subject to a Risk Assessment. In practice a life cannot be lived without exposure to risk. I actually think taking risks is what drives our progress.
Of course in the fire protection industry we are only too aware of the term Risk Assessment since the introduction of the Regulatory Reform (Fire Safety) Order (RRO). In some respects this legislation was a step forward in consolidating the myriad pieces of fire safety legislation that existed previously.
The fundamental difference is that the legal responsibility for fire safety within business premises is now firmly in the court of the business owner or “responsible person” as defined under the Act. It is not a defence against non compliance to claim you don’t have the first idea about fire safety. The basics are pretty straightforward common sense.
There are five key steps in conducting a fire risk assessment:
1. Identify the fire hazards – how could a fire start? For a fire to start it needs a fuel, heat and oxygen. Identify any possible source of ignition and combustible materials. Mostly you can assume oxygen is present unless you operate in a vacuum!!
2. Consider who may be a risk - your employees, visitors, and particularly people vulnerable such as children, the elderly and disabled.
3. Assess and act – Based on these considerations and findings, assess the risks and take action to remove and reduce any fire risks. Typically his may involve adding a fire extinguisher, smoke alarm or exit sign, replacing obsolete equipment or better housekeeping.
4. Record, plan and train – Maintain a record of the risks identified (legally required for businesses employing 5 or more) together with the actions taken to reduce or remove them. Produce a fire action plan of how to prevent fires and safety procedures should a fire start. Train staff so they know what to do in the event of a fire and if necessary provide training in the use of fire safety equipment.
5. Review – Review your risk assessment on a regular basis to ensure it remains up to date with any changes made to your organisation.
If in carrying out a risk assessment you decide, as the responsible person, that due to the type or complexity of the business, you just don’t have the necessary skills, you can always appoint an external competent person to do it for you. Most reputable fire safety equipment suppliers offer this service including Fire and Safety Centre.
The bottom line is that a Fire Risk Assessment just has to be done to comply with the Law.
Tony
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Take Fire Risk Assessment Seriously
As widely reported in the Fire Safety media following a fire at a hotel in Lancashire, the managing director was fined £18,000 and ordered to pay costs of £1,750 after a blaze at the Royal Hotel in Waterfoot. Eight people had to be rescued from the building.
The company responsible for the hotel admitted responsibility for a number of offences in court which included not completing a formal fire risk assessment.
A landlord was also sent to prison for four months in the first custodial sentence given in London under the new fire safety regulations and his company, Watchacre Properties Limited, were fined £21,000 following conviction for serious breaches of the regulatory reform order (RRO).
The prosecution followed a fatal fire at a flat on Ruskin Road, Tottenham on 16th September 2007.
These two cases show how seriously the authorities view non compliance to the RRO. In truth there is evidence that many business managers still do not fully understand their statutory responsibilities and in particular what is involved in conducting a fire risk assessment – the effective starting point for RRO compliance.
An excellent Risk Assessment template can be found at http://fire-assessments.co.uk/home.asp that is provided by Visit Britain the National Tourism Agency http://www.tourismtrade.org.uk/
According to Visit Britain the template is designed for B & B’s, guesthouses, farmhouses, Inns with rooms and all types of individual self catering properties with floors not exceeding three storeys (or 7.5 metres) in height. Having looked through the template it has relevance to most businesses and could be easily adapted and expanded taking the existing content as a guide. Conducting a Risk Assessment is mainly about applying common sense once you understand the basic criteria and objectives.
The template takes you through the procedure step by step with helpful tips and information on issues to consider. You can also download the template once finished and set up multiple entries should you have more than one property. Registration is required although as far as I can tell it is hassle free.
You can also find more detailed explanation of Fire Risk Assessments and essential information on many other fire safety issues in the Advice section at www.fireandsafetycentre.co.uk. The site also includes comprehensive guidance on the types and uses of fire extinguishers and related equipment.
Tony
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