Fire Safety and the Law
The current fire safety legislation for non-domestic premises in Scotland came into force on 1 October 2006. The primary legislation covering fire safety in such premises is part 3 of the Fire (Scotland) Act 2005 (the Act). The Act is supported by a set of regulations, which are the Fire Safety (Scotland) Regulations 2006 (the Regulations); the Act and Regulations can be accessed by clicking on the links below:
The Act and the Regulations have rationalised numerous pieces of fire safety legislation into this single regime. In general, this legislation seeks to ensure the safety, in the event of fire, of people (whether they are employees, residents, visitors or others) by setting out responsibilities in respect of fire safety.
The Scottish Government has previously undertaken a public awareness campaign to educate those with responsibilities under the legislation. To support this campaign, a comprehensive website has been developed and contains a wide range of information. This can be accessed at the link below:
A general guidance document, which has been produced by the Scottish Government, is also available by clicking on the link:
The legislation is based on the principle of fire safety risk assessment, with a duty placed on those responsible for a premises to carry this out. These people are referred to as ‘dutyholders’ and include employers and others who have control over the particular premises. Most non-domestic premises are subjected to the requirements of the Act and the Regulations and are referred to as ‘relevant premises’ in the legislation.
Dutyholders
As stated above those with responsibility for fire safety within a relevant premises are referred to as ‘dutyholders’. A dutyholder is either, by virtue of Section 53 of the Act, an employer or, under Section 54, a person who has control to any extent over a premises. Although not exhaustive, this could include owners, occupiers, contractors responsible for maintenance or a property management company. Employees also have a responsibility to take reasonable care in respect of harm caused by fire.
Dutyholders’ responsibilities in relation to fire safety extend to ‘relevant persons’, which can be defined as any person who is, or may lawfully be in the premises, or in the immediate vicinity and whose safety may be at risk in the event of fire in the premises.
Fire Safety Risk Assessment
The basis of compliance with the Act and the Regulations is a fire safety risk assessment undertaken by the dutyholder(s). A fire safety risk assessment will allow dutyholders to make an informed decision on whether they have taken sufficient precautions or whether more is needed to minimise the risk from fire.
It is important to remember that it is not the responsibility of the Fire and Rescue Service to undertake a risk assessment, however, Tayside Fire and Rescue are available for advice upon request.
The aims of a fire safety risk assessment are:
To identify hazards and to reduce the risk of those hazards causing harm to as low as is reasonably practicable,
To determine what fire safety measures and management policies are necessary to ensure the safety of people in the building should a fire occur.
The risk assessment should follow the five steps below:
Step One – Identify the people at risk,
Step Two – Identify fire hazards,
Step Three – Evaluate the risk and decide if existing fire safety measures are adequate,
Step Four – Record fire safety risk assessment information,
Step Five – Review of fire safety risk assessment.
The Act specifies certain circumstances where dutyholders must record the significant findings of their fire safety risk assessment. This includes fire safety measures that have been, or will be, taken to ensure the safety of persons from fire and any other persons identified as being especially at risk from fire on the premises. The circumstances where the law requires this information to be recorded are:
· Where five or more employees are employed (whether they are on site or not); or
· Where the premises are subject to licensing or registration; or
· Where an ‘alterations notice’ has been issued by the enforcing authority requiring this.
Over and above these requirements, Tayside Fire and Rescue would strongly recommend that all fire safety risk assessments are recorded.
It is also a requirement of the legislation that risk assessments are reviewed. This should be carried out regularly, when there is reason to suspect it is no longer valid or where there has been significant changes to the matters to which it relates.
Further information on the risk assessment process and sample pro forma are available on the Fire Law website, which can be accessed using the link below:
In some cases dutyholders may not feel confident enough to undertake the fire safety risk assessment themselves. This may be due to them having insufficient skills, knowledge and experience in this regard or due to the complexity of their premises. In such circumstances you may wish to procure the services of a fire safety consultant to assist you. Tayside Fire and Rescue cannot provide advice on the suitability of particular fire safety consultants. However, as with looking for other types of specialist, you should satisfy yourself that they have the necessary qualifications, experience and indemnity insurance (if appropriate).
Sector Specific Guidance
The Scottish Government has produced a series of sector specific guides, which provide practical fire safety guidance for those with responsibilities under the Act and the Regulations.
Where possible, the guides do not set down prescriptive standards, but provide recommendations regarding the fire safety risk assessment process, the reduction of risk and guidance on fire safety measures that can be implemented to mitigate risk. However, there is no obligation to adopt any particular solution in the guides if the outcomes of the fire safety risk assessment can be met in some other way.
The guides are available for free download on the Fire Law website and can be accessed by clicking on the links below:
Enforcement of Legislation
For the majority of relevant premises the local Fire and Rescue Authority/Joint Fire and Rescue Board is the enforcing authority; Section 61 of the Act details the types of premises where the enforcing authority is a different body. Tayside Fire and Rescue enforces the Act and Regulations within its geographical area (which comprises the Local Authority areas of Angus, Dundee City and Perth & Kinross Councils) on behalf of Tayside Fire and Rescue Board.
In order to enforce the Act and Regulations Tayside Fire and Rescue has appointed specialist enforcement officers. These officers visit relevant premises on a planned basis to audit their fire safety arrangements, including the fire safety risk assessment. These planned visits are undertaken on a priority basis in line with strategic guidance that has been issued by the Scottish Government. This strategic guidance can be accessed by clicking on the link below:
In addition to the programme of planned audits, enforcement officers also attend relevant premises following a fire or if information is received that suggests there may be problems with the fire safety arrangements therein.
It should be noted that the onus on complying with this legislation rests firmly with the dutyholder(s) irrespective if a premises is audited by the enforcing authority or not.
Following an audit Tayside Fire and Rescue will determine if there are any compliance issues or not. Where there are we will decide upon an appropriate course of action. In all but the most serious cases of risk to life where immediate action is necessary, Tayside Fire and Rescue will aim to work with dutyholders to assist them rectify any problems with their compliance. This may include asking the dutyholder for an action plan, which outlines the work that has to be undertaken and reasonable timescales for its completion.
In addition to this informal approach, in more serious cases of non-compliance, enforcing authorities can issue enforcement, prohibition and alterations notices. Further information on these, and rights of appeal if they are served, can be found within the Act and the Fire Law website at the link below:
In cases of serious non-compliance resulting in a relevant person being put at risk of death, or serious injury, in the event of fire, a report may be sent to the Procurator Fiscal. This is due to the fact that, in keeping with other health and safety legislation, offences in connection with the Act are dealt with by criminal law.
Determination of Disputes
Section 67 of the Act gives dutyholders and enforcing authorities access to an arbitration process where agreement cannot be reached on the action that requires to be taken to rectify any compliance problems. This arbitration process must be agreed to by both the dutyholder and the enforcing authority, with separate submissions having to be made to the Chief Inspector of Fire and Rescue Authorities, which they will consider as part of their determination.
Further information on the determination of disputes is available from the Scottish Fire and Rescue Advisory Unit’s website, which can be accessed using the link below:
Building Standards
If you have call to make alterations to your premises, then it may be necessary for you to comply with the Building Standards requirements of the relevant authority. The relevant authority in this respect is the Building Standards department for the Local Authority area your premises is located within. Their respective websites can be accessed using the links below:
Contact Details
Should you wish to discuss legislative fire safety matters with the enforcement officer for your area, then this can be done by contacting Tayside Fire and Rescue Headquarters on 01382 322222. Alternatively, contact can be made to the following managers:
Group Manager Ross Haggart
Legislative Fire Safety Manager
Email: ross.haggart@taysidefire.gov.uk
Station Manager Bill Butterworth
Legislative Fire Safety Coordinator
Email: bill.butterworth@taysidefire.gov.uk