Non Domestic Fire Safety

Fire Safety Inspections
In the past businesses expected the Fire Service to periodically inspect their premises looking for fire safety measures that were based on very prescriptive standards. It was assumed that there was a definite possibility of a fire taking place and what was needed were features within the building allowing the occupants to escape. Sadly this methodology could still put people at risk.

A New Regime
UK fire safety legislation has changed however and in Scotland from 1 October 2006 a new regime has existed. Now fire safety is based on the principles of risk assessment and prevention. The intention is to enhance fire safety whilst at the same time avoiding undue burden on businesses - the goal - to not have a fire in the first place and also to minimise its impact.

The Fire Scotland Act 2005 (the Act)
The new fire safety regime has come about as a consequence of Part 3 of the Fire Scotland Act 2005. A long list of different pieces of legislation that gave people responsibilities in respect of fire safety has been rationalised and now only one exists. The net result is that Local Authority Fire and Rescue Services will enforce the new legislation, we still have a duty to give advice but the ultimate responsibility for the safety of those who may resort to a premises lies with ‘the person(s) having control’.

Who is that person?
In this respect the Act is clear. Anyone who has influence over a premises whether by virtue of being the owner or the occupier who rents the premises or the employer of those who work within or a contractor responsible for maintenance or indeed the property management firm for common areas of a large multi occupied building all have varying degrees of responsibility. That responsibility extends to both employees and to those who have a legal entitlement to be on or near the premises.

Where does the Act apply?
The first thing to consider is whether the law will apply to your premises. The term used within Part 3 of the Act is ‘relevant premises’ and in general terms, apart from a few exceptions, anything which is not wholly domestic will come under the Act and in this respect extends to charities and public buildings for example, as well as businesses. Anyone who is not sure must seek advice from their Fire Authority.

What are these responsibilities?
Where premises are considered relevant there are responsibilities which need to be taken into account. What needs to be done is to ensure, as far as is reasonably practicable, the safety from fire of those in the building. Two things are needed to make this happen. The first is a fire risk assessment and this is generally done using a 5 step process and one of the 11 guidance documents which have each been prepared for specific types of premises. Detailed advice on how it can be done is available at the Infoscotland website, but the basic areas which need to be examined are as follows:

(1) The people at risk
(2) The hazards present
(3) The risks and adequacy of existing fire safety measures
(4) Records
(5) Assessment review

It is possible for those running a business to carry out their own risk assessment using the advice above. In the first instance though, they would have to decide whether or not they have the knowledge, skills or experience, sufficient to make them competent. There are professional consultants available to assist.

The second part of the process comes as a result of the risk assessment. It should be used as a working document to continually revisit fire safety within the premises. It may also produce some significant findings which will need to be addressed ranging from management or staff training issues to major works such as the installation of an automatic fire alarm and detection system. Which ever is the case an action plan will be needed so that works can be programmed with sensible timescales. As the enforcing authority the Fire and Rescue Service are a fundamental part of this process. They need to be consulted as to the appropriateness of any proposals within the action plan.

Need it be recorded?
There are a few occasions where legally the risk assessment must be recorded. The first is where there are 5 or more employees whether on site or not. Secondly when the premises is subject to licensing or some sort of registration and lastly where the authority has issued an ‘alterations notice’ requiring one. In general terms however it is strongly recommended by this authority that all risk assessments be recorded.

How will the law be enforced?
Where fire safety is or may be seriously compromised however, and there is a serious risk to life within a premises the authority can place requirements upon a person or persons by using their enforcing powers under the Act and by using documents called ‘alterations’, ‘enforcement’ or ‘prohibition notices’. It is important to remember that like offences in connection with Health and Safety Legislation, fire safety lies within the criminal law and may be dealt with in the Sheriff Court.

Does anything else need to be done?
Businesses are to varying degrees dynamic. It may not always be obvious but changes in premises can have a radical effect on fire safety. Expansion, disabled employees the introduction of untrained staff, a new process and building alterations are just a few examples of changes that should flag up the need to review the risk assessment. There is also the possibility that with time additional legislation may prompt the need for a review. The most importantly though a fire safety management policy is required to allow changes to be dealt with.

Will businesses be visited or inspected by the Enforcing Authority?
There will be two types of visit that can be expected from the Fire and Rescue Service. The first is a ‘planned audit’. A specialist enforcement officer will, generally by appointment, look to audit the premises. What they will do is select a section, area or floor of the building and examine the fire safety measures in place. They will informally question staff on procedures and training and will talk at length to the management. They will also examine the fire risk assessment in terms of suitability and sufficiency as well as any associated records.

The second type of visit is a functional fire safety check. This is likely to be a spot check on items such as escape routes and exits. But the opportunity will also be used by fire fighters to familiarise themselves with buildings and to collect information on risks and hazards that will aid them in fire fighting and allow them to develop tactical plans.

What will this process cost a business?
The cost of carrying out a good fire risk assessment is minimal when compared to the potential cost of a fire. Depending on the size and complexity of a building, a fire risk assessment may cost from zero to hundreds of pounds. When balanced against the damage to property or loss of life caused by fire it is a small price to pay. And it should always be borne in mind that statistically 80% of businesses that have a fire cease trading in the next 5 years many fail much sooner than that. On average, each year, commercial fires claim 20 lives, injure a further 1400 people and cost businesses a staggering £3.5 billion. By ensuring you comply with legislation and following some common-sense guidelines you can help to reduce the risk of your business joining these frightening statistics. So as well as a moral and legal obligation in terms of life, a good risk assessment will protect your business continuity.

Business Fire Safety
To see an example of how to do a risk assessment and identify hazards in the workplace please click on the links below.

General Guidance
Guidance in relation to Education and Day Care for Children Premises
Care Homes
Factories and Storage Premises
Offices, Shops and Similar Premises
Evacuation of Disabled Persons from Buildings
Sleeping and Accommodation Premises
Transport Premises and Facilities
Places of Entertainment and Assembly
Healthcare Premises (Please note it is important to realise that NHS Scotland Firecode Guidance is considered relevant to non NHS healthcare premises and the published guide must be read with reference to it).

Risk Assesments
The Scottish Government have now produced sample risk assessments and record sheets to assist smaller premises to fulfil their responsibilities.

A Special Note in Relation to Guides:
The sector specific guidance documents have been produced in consultation with the Scottish Building Standards Agency the (SBSA) www.sbsa.gov.uk/

It is stated in all the guides and is a general condition that in all new buildings and alterations to existing buildings should in the first instance conform to the Domestic or NON Domestic Technical Handbooks www.sbsa.gov.uk/tech_handbooks/tbooks2007.htm and where impracticable the use of the guides may give suitable alternative solutions. In many cases where means of escape are affected including alterations to existing fire door provisions a building warrant may need to be obtained. The relevant authorities in these respects are the Local Authority Building Standards (formerly Control) Departments these can be found here:

Perth and Kinross Council :
www.pkc.gov.uk/Planning+and+the+environment/Building+Standards/

Dundee City Council:
www.dundeecity.gov.uk/plantrans/buildingstandards/

Angus District Council:
www.angus.gov.uk/buildingcontrol/default.html

Risk Assessors
It is becoming apparent that many persons are operating as Specialist Fire Risk Assessors who neither have the skills, experience or relevant qualifications to carry out or completed a competent risk assessment. Although Tayside Fire and Rescue cannot provide or advise on the suitability of particular individuals or companies we give the following advice which we may revise from time to time:
a) When choosing a risk assessor ask to see evidence of their qualifications and experience in relation to fire safety and risk assessing, been a former member of a Fire Service (Brigade) does not in its self deem a person to be qualified or competent.
b) Enquire as to whether or not they are a member of a recognised body or scheme.
c) Enquire as to whether or not the person has professional indemnity insurance.
d) Dubious Operators should in the first instance be referred to Trading Standards Services:

a. Angus Council's        (01241) 435600
www.angus.gov.uk/services/view_service_detail.cfm?serviceid=1136
b. Perth and Kinross      (01738) 476476
www.pkc.gov.uk/Business+and+trade/Trading+standards/Trading+Standards.htm
c. Dundee City             (01382) 436260
www.dundeecity.gov.uk/ehts/tradingstandards/

In a similar vein Tayside Fire and Rescue would always advise getting more than one quote when dealing with commercial fire sales e.g. Extinguishers, signage, fire alarms, emergency lighting installations etc.

Useful Contacts:

Group Manager R Haggart
Legislative Fire Safety
Email: ross.haggart@taysidefire.gov.uk

Station Manager C Hannigan
Legislative Fire Safety Co-ordinator
Email: colin.hannigan@taysidefire.gov.uk