Frequently Asked Questions

 

|I run a care home with just 3 residents; does the new fire safety order apply to me? And am I expected to upgrade my fire safety arrangement? 

The ‘Order’ does not specifically mention Care Homes but it does apply to premises which are anything other than a single private dwelling. It also applies where a licence has been issued by another Authority. As a small care home you are no longer regarded as a single dwelling, but a care home and a place of work for the carers. You must also be licensed/registered.
Where the Order applies the only absolute requirement is the ‘Risk Assessment’ which must be done in ALL cases. All other requirements within the Order are qualified by words such as reasonable; suitable; sufficient; adequate; provided where necessary etc. and, therefore, may not apply. 

Whether or not additional fire safety work is required will depend on the hazards and risks that have be identified the people who are at risk the control measures in place being adequate.

If you have identified a hazard which places people at risk and you think the control measures to allow a safe evacuation are inadequate, you must reduce to hazard, thus the risk, or increase to control measures, i.e. provide smoke detection and/or fire doors.

 

 

|Should I wait for the Fire Officer to visit and identify any action required? 

No. It is your responsibility to comply with the Order. You will need to prepare a fire risk assessment and emergency plan.

In addition to this where:-
a licence under an enactment is in force, an Alterations Notice under the Fire Safety Order requires it, or you are an employer and have five or more employees,
…then the findings of the risk assessment must be recorded.

The risk assessment must cover both employees and any other relevant person. This may include employees of other employers, as well as visitors, contractors etc. An inspecting officer will expect to see your risk assessment and emergency plan when an inspection is carried out. 

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|I have a business which I run out of my small workshop. I am self employed. Does the Order apply to me? 

Yes. You must protect yourself and anyone else in the vicinity of your business from fire. To do this you must assess the risks and make general fire precautions. You are not required, however, to record the findings of your assessment unless you employ five or more people; hold a license issued by another authority, or; are told to do so by the Fire Authority in a Notice.

 

|I have a fire certificate issued under the Fire Precautions Act 1971; will you come and inspect my premises under that? 

No. The ‘71 Act no longer exists and all fire certificates are obsolete. Our inspection strategy has also changed. We no longer inspect premises routinely. We make an assessment as to how risky premises are and inspect those that are deemed the riskiest. However, if you suffer a fire or we receive a fire safety complaint, we will inspect as a matter of some urgency.

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|I run a small business; surely you do not expect me to comply with the fire a safety Order as though I am a large company? 

Yes we do. Compliance, however, is relative to the risks associated with your business. You can comply with the requirements of the Order without spending a lot of time and money. You must do your fire risk assessment and have regard to general fire precautions. But smaller businesses usually only require modest fire safety arrangements. For example, I may be reasonable to shout FIRE to raise the alarm rather than got to the expense of a fire alarm system.

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|What is a fire risk assessment? 

It is an evaluation of your premises to help you determine the chances of a fire starting; what dangers that represents; and what people may be involved. You will be better placed to manage the general fire safety arrangements.

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|What are the ‘principles of prevention’?

Prevention is always better than cure! When considering what action to take following your assessment, you should: -

Eliminate the hazard and avoid the risk!
If you can’t avoid it manage it by evaluating and reducing risks to the lowest level.
Consider technical solutions – improved response times with automatic fire detection.
Replace high hazard materials with less hazardous materials.
Develop an overall preventative policy to including the organisation of work and processes, technology and the working environment.
Give instructions to people

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|Do I have to have a fire alarm system in my building? 

Not necessarily……You must have an appropriate means of giving warning in case of fire. In small premises with a simple layout and able people, simply shouting FIRE may be appropriate. However, as buildings get larger and more complex, or where process or people become more of an issue, a fire alarm system may be needed. In building with vulnerable people, i.e. people sleeping or are care for, automatic fire detection is usually required.

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|We have just move into a newly build business premises. Is it necessary to do a fire risk assessment? 

Yes. You must complete a fire risk assessment no matter how modern the building. Whilst the structural fire safety provision will have been engineered into your new building, i.e. new fire doors and walls; fire alarm system etc, you will still need to evaluate other general fire safety matters such as fire prevention measures, an evacuation policy, provision of fire fighting equipment, staff instructions and training.

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|We have just move it to a newly build business premises. Do I have to maintain and keep all the fire doors and fire alarms? 

Yes. The new fire safety Order requires the responsible person to ensure that any facilities or devices which are provided within the building to be maintained in good working order and in a good repair.

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|I share a fire escape with a neighbour. Do I have to have to inform them of my fire assessment? 

Yes. People whom share common fire safety facilities such as escape routes or fire alarm systems must co-operate with each other and coordinate their fire plans.

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|I have disabled staff and some members of the public come into my workplace, should I make special arrangements for them?

The Disability Discrimination Act introduced in 1995 seeks to ensure that disabled employees, visitors and students, whatever their disability are treated as well as people without disabilities and according to their needs.

It is illegal to treat a disabled person less favourably, in relation to employment, goods, services and facilities, and to place them at a substantial disadvantage to people without disabilities. Thus disabled people must be included in any fire evacuation plan and their needs reasonably catered for.

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|What exactly are my duties under the Order? 

You must….

Take general fire precautions – as is reasonable
Carry out a fire risk assessment to identify the general fire precautions
Apply the principles of prevention and implement fire safety measures
Plan, organise, control, monitor and review fire safety measures
Eliminate or reduce risks
Ensure premises are equipped with fire fighting equipment
Ensure premises have fire detectors and alarms
Ensure premises have safe emergency routes and exits
Ensure premises have safe procedures to follow
Ensure premises have additional measures for dangerous substances
Maintain fire safety equipment and devices
Provide fire safety information to employees
Provide fire safety training

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|I run a small group of volunteers to organise charitable events, does the Order apply to me? 

Yes. The introduction of the Order has extended fire safety legislation to groups which up until 2006 remained outside. These include voluntary sector; charitable organisations and self employed persons.

 

|Where does the new legislation apply?

The Order will apply to virtually all premises and covers nearly every type of building, structure, and open space. For example:
• offices and shops
• premises that provide care
• community halls
• common areas of houses in multiple occupation
• pubs, clubs and restaurants
• schools
• tents and marquees
• hotels and hostels
• factories and warehouses.
It excludes domestic premises occupied by a single family.

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|Once I have done my fire safety risk assessment, who do I need to show it to?

As with all risk assessment findings it is necessary to inform your employees of the findings so that they understand what they are to do to prevent fires; respond to a fire alarm and what to do if they discover a fire.

A fire officer may ask to see your risk assessment and it should always be available for viewing, but there is no requirement to show it to anyone else.

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|I live in a flat does this Legislation apply to me? 

Yes. Common parts of the flats will be subject to the Order, and as such the person responsible for the building, the Landlord or the Managing Agent, should carry out a risk assessment and act on any of the significant findings

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|What can the Fire Brigade do if I don't carry out any fire safety measures? 

You may be committing a Criminal offence. Inspecting officers may visit your premises at any reasonable time and carry out an audit to determine compliance with the Order. Our response my be anything for satisfactory to compliance to restricting the use of the premises and prosecution.

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|How often does the fire brigade come and visit my premises. 

It depends on what your premises do. We will inspect those premises which have the highest risks, usually care home, hotels etc. We carry out fire safety audits according to risk. We will also carry out visits to premises to investigate complaint and we will also carry out an audit on premises which suffer a fire.

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