The Fire Safety Order: Better Compliance or Just More Regulation?

BN3470 – ‘Environmental and Safety Law’

Assignment 1

“The Fire Safety Order:

Better Compliance or Just More Regulation?”

INTRODUCTION

The Regulatory Reform (Fire Safety) Order (referred to as the ‘FSO’) came into effect on 01 Oct 2006 (FSO, 2005). The government’s stated intention in implementing this order was to simplify the multiplicity of fire-related legislation into a single, consistent set of regulations throughout England and Wales. In the appendices to the FSO, some 180 pieces of local, regional and national legislation were to be repealed when the FSO was enacted. The purpose of this assignment is to outline the main features of the FSO and to evaluate its effectiveness in promoting good fire safety practice in non-domestic premises. However, given the large number of diverse pieces of legislation, comparisons between the FSO and previous legislative paradigms will be limited to those enforced directly by the Fire & Rescue Services in England and Wales i.e. the Fire Precautions Act 1971 (as amended) [FPA] (FPA,1971) and, latterly, the Fire Precautions (Workplace) Regulations 1997 (as amended) [FPWR] (FPWR,1997).

LEGISLATIVE STATUS OF THE FSO

The FSO is a piece of secondary legislation: this means that it has been implemented under the ‘umbrella’ of a piece of primary legislation i.e. an Act passed by Parliament that falls under the description of an ‘enabling Act’. In the case of the FSO, the enabling act is the Regulatory Reform Act 2001 (as amended). The effect of the enabling Act delegates the authority and responsibility for making regulations to one or more Ministers of the Crown and those regulations can be made or altered without the requirement for full debate in both chambers of Parliament. If an order is to be made, a draft of the Order is to be placed before Parliament and a resolution adopting the Order passed.

This legal mechanism effectively accelerates the process of implementing or amending regulations, reduces the burden on the Parliamentary debating schedule and, therefore, streamlines the law-making process. However, the process could be open to political abuse in that a ruling party could by-pass open debate in Parliament and implement regulations favourable to that party. Equally, the remedy could be similarly swift if that party is deposed. It is therefore unlikely that parties would engage in a game of party political ping-pong because of the general disrepute that would fall on the Parliamentary process.

REQUIREMENTS OF THE FSO

The FSO imposes a requirement for a ‘Responsible Person’ to be nominated for each premises (see Appendix F: Article 3). Further, it imposes a number of duties upon the Responsible Person. Failure to comply with the duties leaves the Responsible Person open to prosecution (see Appendix E). The duties are defined in Articles 8-22 & 38 of the FSO and can be found at Appendix D.

The duties are generally couched in terms of ‘reasonableness’ and are not prescriptive as to the mechanisms by which the duties are complied with. This method is consistent with regulations issued under the Health and Safety at Work Act 1974 (as amended) [HASAWA] in that the responsibility for compliance is placed firmly on an identified person rather than the implicit suggestion that the enforcing agencies (in this case, the Fire & Rescue Authorities) had accepted and validated compliance by means of a periodic inspection that had developed under the FPA.

Guidance documents are issued to assist Responsible Persons to comply with the FSO (see Appendix A). The guidance documents do not have any legal force but suggest a series of integrable mechanisms considered to amount to good practice in terms of fire safety. Adoption of the mechanisms referred to in the guidance documents is not mandatory; however, satisfactory adoption of the mechanisms is considered to show a reasonable effort to comply with the imposed duties. Conversely, failure to adopt the mechanisms – without an effective, alternative measure being adopted in its stead – is considered to demonstrate a general failure to comply.

PREVIOUS LEGISLATION: FIRE PRECAUTIONS ACT 1971 (AS AMENDED) AND FIRE PRECAUTIONS (WORKPLACE) REGULATIONS 1997 (AS AMENDED)

Although the FPA was drafted to take effect in a large number of premises according to their use, the application of the FPA required a Designation Order and specific regulations to be issued by the Home Secretary for each group of uses. Regulations were imposed under Orders issued by the Home Officer in 1976 and covered hotels, guest houses, offices, shops, factories and railway premises. Mechanisms for the exemption of premises from the requirement of having a Fire Certificate were intrinsic to the FPA (e.g. Section 9 exemptions), were made as a result of Home Office guidance (e.g. Dear Chief Officer Letters) and local interpretations of the law (e.g. exemptions of specific premises on the basis of local knowledge or arrangement). Thus, there was a significant variation of standard of application even between neighbouring counties.

If issued, the Fire Certificate was addressed to the occupier of the premises with the owner cited on the front sheet. An example of a Fire Certificate issued in North Wales can be found at Appendix G. Assuming that the occupier was the operator of the business or a nominated agent of the owner, this arrangement (in theory) nominated 2 layers of management that could be held accountable for any failure to comply with the terms of the Fire Certificate. There has been a somewhat contradictory history of case law regarding the FPA. On one hand, there have been cases where operational managers have successfully argued that they were insufficiently empowered to have influence over the operation of the premises to be capable of ensuring compliance with the FPA ([R v Boal - [1992] 3 All ER 177 & Woodhouse v Walsall Metropolitan Borough Council - [1994] 1 BCLC 435) and cases where the owners of a building have been held to be too far removed from the operation of a particular business site to ensure the same compliance (DTZ Debenham Thorpe Ltd v Shropshire CC - [1998] EHLR 93); however, other cases ([R. v. Prince Minaz Nasser], [COLIN B. McCLORY (Procurator Fiscal, Portree) Appellant against KENNETH ALASDAIR MacKINNON Respondent – [1996] S.C.C.R. 367) clearly demonstrate that the managers cannot distance themselves from responsibility if they continue to have, and intend to maintain, a controlling interest in the business based at the premises.

In terms of the FPA, a number of duties were specified in Schedule 4 of the Fire Certificate and, for training of staff, further specified in Schedule 5 (see Appendix G). However, unless dangerous substances were present, these were fairly specific in nature and were readily complied with without consideration of the hazards in the premises as a whole. Indeed, depending upon the competence of the Fire Safety Officer compiling the Fire Certificate, it was possible to run a premises in a dangerous manner while still complying with all the requirements of the Certificate.

Furthermore, the Fire Certificate was a ‘snapshot’ of the conditions required at the time the Certificate was issued: the Act did not allow for automatic updating of fire protection measures as the legal requirements changed. The only avenues Fire Services had available to update Certificates were when:

a. The use of the premises changed and the new use required a higher level of fire protection;

b. The conditions within the premises changed and imperilled the existing fire protection measures;

c. A Certificate was voluntarily surrendered and a new one subsequently requested.

Although this was the case for the majority of the FPA’s existence, from 1997, it was permissible to change the requirements of a Fire Certificate according to the findings of a Fire Risk Assessment (FRA) conducted in compliance with the FPWR; however, the Government’s suggestion that the implementation of the FPWR was a matter for individual Fire Services (via the Home Office guidance issued by the ‘Dear Chief Officer Letters’ mechanism) meant that there was a wide variation across the country as to whether FRAs were taken account of in Fire Certificates – or even required to be prepared by occupiers of premises to which Certificates had been issued.

A major disadvantage of the FPA was the number of premises to which it do not apply. Although hotels and boarding houses and associated staff accommodation were designated in FPA Circular No. 1 (see Appendix C: FPAC 1), Circulars 2, 4, 5, 7, 8, 9, 10 and 21 each contained further variations and applications (or, more commonly, disapplications) to the originally intended list of premises uses (see Appendix C: FPACs 2, 4, 5, 7, 8, 10 & 21) prior to the introduction of the FPWR in 1997. This long list of disapplications from the FPA often included elements of judgement as to the primary use of the premises, who (if anyone) was deemed to work there and whether these persons, if deemed to be at work, were covered by familial exclusions.

Furthermore, the definition of an ‘hotel’ was dependent upon the provision of food rather than the provision of sleeping accommodation. This definition derives from the Hotel Proprietors’ Act 1956 that defines an hotel as “an establishment held out by the proprietor as offering food, drink and, if so required, sleeping accommodation, without special contract, to any traveller presenting himself who appears able and willing to pay reasonable sum for the services and facilities provided and who is in a fit state to be received." (HPA, 1956) Therefore, establishments that accepted advanced bookings for sleeping accommodation and food from a pre-determined section of the population were also exempted.

The FPWR sought to address many of these exclusions by placing a duty on employers to protect their employees; however, in the first draft, unpaid or voluntary workers were not deemed to be ‘at work’ and therefore not covered by the regulations. Furthermore, although other ‘relevant persons’ were to be considered, the degree of consideration and therefore the level of protective measures was often moot. However, although the FPWR continued to evolve from its enactment, it was effectively considered by many enforcing Fire Authorities as an addendum to the FPA and therefore secondary to it. In reality, the FPWR could have been an effective means of ensuring greater workplace safety had it been properly and consistently applied across England and Wales.

COMPARISON BETWEEN THE FPA, FPWR AND THE FSO

The great strength of the FSO is that it applies to “any place” rather than to “a workplace”. This is subject to a number of exclusions - the bulk of which have been present in fire legislation for a number of decades and are defined in Article 6 of the FSO (see Appendix F); however, the number of excluded premises has diminished and is at a minimum in the FSO. Furthermore, there is a direct duty on a nominated ‘responsible person’ who, by definition, has a significant level of control over the premises in question. The failure to nominate a ‘responsible person’ is in, and of, itself is an offence; however, if a failure to nominate is discovered, the arguments in R. v Baol and DTZ Debenham Thorpe Ltd v Shropshire CC are likely to be revisited.

In the FSO, as with the FPWR, the execution of the direct duty to relevant persons is to depend upon the completion of a Fire Risk Assessment (FRA) undertaken by the Responsible Person and his (legally) nominated assistants. Again, the failure conduct, and act upon, an FRA constitutes and offence as does the failure to make reasonable provision for the safety of persons in the building. However, as stated above, the FPWR was primarily intended to maintain the safety of employees with others being only an indirect consideration. In the FSO, all persons legally on the premises are owed a direct duty of care: this should force a widening of the scope occupier’s FRA.

The manner in which enforcement is undertaken is also, to a large extent simplified. As with other Health and Safety regulations, the FSO relies upon both a direct intervention (Prohibition Notice) the case of urgent circumstances likely to cause serious injury or death (see Appendix F: Articles 29-31); alternatively, the issue of an Enforcement Notice in less urgent cases is available. In the first instance and in case of persons deemed to have responsibility for a premises, the enforcing authority must identify the alleged failures to comply with the duties listed in Articles 8 – 22 and 38 (Appendix E: Article 34[1]a). In the second, if an appeal is not lodged within 21 days of the issue of the Notice, the offence will be simply the failure to comply with the requirements in the Notice (Appendix E: Article 34[1]d). The defence of due diligence and reasonable practicability remains as in other H&S regulations.

In most enforcement circumstances relating to workplaces, nothing fundamentally has changed in the method of enforcement from the FPA as modified by the FPWR compared to the FSO. Indeed, the most significant change in the method of enforcement is the introduction of the Alterations Notice that requires the occupier to inform the enforcing authority of any material change of conditions within the premises. However, in respect of designated premises – particularly, hotels and guest houses, the enforcement process has been significantly improved and simplified because occupiers of premises can no longer rely on an outdated fire certificate to avoid updating safety systems. Similarly, provided that enforcers are demonstrably reasonable, requirement of improvements is no longer reliant on the personal persuasiveness of an individual Fire Safety Officer.

CONCLUSION

Given the simplification of the various fire-related laws and regulations into a single set of regulations, the likelihood of a more general understanding among those affected by the regulations and among those enforcing them is greatly increased. It is therefore probable that the compliance with the regulations will be similarly increased because the courses of resolution in court are less likely to be complicated by technicalities of little or no merit.

Unlike the FPA, the FSO implies a constant process of safety review and, where necessary, managerial and technical improvement. The FPA allowed an effective stagnation of fire protection measures provided that there was no material change within the premises. This stagnation was clearly not in the best interests of either the guests/customers or the employees of the premises. The removal was what was effectively ‘legal sanction’ to decline to improve safety facilities will, over a period of time, bring fire protection measures and, more particularly, management of fire procedures, up to a modern standard. This will still be done largely by persuasion and education; however, Government guidance to the Fire & Rescue Services does suggest a more active involvement in the legal aspects of enforcement.

The unequivocal adoption of an H&S style of regulation for Fire Safety emphasises the responsibility of the occupier and/or the responsible person. The nomination of a single person ‘crystallises’ the ‘Ground Zero’ for any enforcement action and makes preparation of the FRA and adherence to any consequent policies and procedures a matter of personal consequence. This alone should ensure a higher level of compliance especially in Small and Medium Enterprises (SMEs).

Whether, in larger organisations, the same can be said is a moot point. If an individual is constrained by policies formulated by higher levels of management and that do not lend themselves to safe fire protection policies, the nominated responsible person may be in a position to claim they are insufficiently empowered to fulfil their obligations as in R. v Boal. Whether this defence will remain valid has, clearly, yet to be tested; however, it is unlikely that the principle underlying the defence will be rendered invalid simply by a development of another generation of regulations consistent with those already in force. This, in turn, may perpetuate the legal lottery of deciding whether the ‘guiding mind’ of the organisation can be sufficiently closely linked to operational control of the specific premises to justify a prosecution.

However, it is probable that the overall effect of the FSO is likely to enhance the general level of safety because there are few SMEs that will be willing to risk losing an initial prosecution. Whether a further consequence of the FSO is an increase in the number of appeals because of the apparent clarity of the case against a defendant remains to be seen.

References

(FSO, 2005) Regulatory Reform (Fire Safety) Order

The Stationary Office Books, Jun 2005

London

ISBN: 978-0110729459

(FPWR, 1997) Fire Precautions (Workplace) Regulations

The Stationary Office Books, Oct 1997

London

ISBN: 978-0110647388

(FPA, 1971) Fire Precautions Act

The Stationary Office Books, Jun 1971

London

ISBN: 978-0105440710

(HPA, 1956) Hotel Proprietors’ Act

Definition of an hotel from the Glossary to the Act

HMSO, 1956

http://www.hmrc.gov.uk/bens/ben03.htm

Accessed on 01/01/2007

APPENDIX A

Guides Issued to Assist Compliance with the Regulatory Reform (Fire Safety) Order 2005.

From: http://www.communities.gov.uk/index.asp?id=1162101

Accessed on 01/01/2007

Entry Level Guide - A short guide to making your premises safe from fire

Guide 1 ...

This is a preview of the whole essay

The Stationary Office Books, Jun 2005

London

ISBN: 978-0110729459

(FPWR, 1997) Fire Precautions (Workplace) Regulations

The Stationary Office Books, Oct 1997

London

ISBN: 978-0110647388

(FPA, 1971) Fire Precautions Act

The Stationary Office Books, Jun 1971

London

ISBN: 978-0105440710

(HPA, 1956) Hotel Proprietors’ Act

Definition of an hotel from the Glossary to the Act

HMSO, 1956

http://www.hmrc.gov.uk/bens/ben03.htm

Accessed on 01/01/2007

APPENDIX A

Guides Issued to Assist Compliance with the Regulatory Reform (Fire Safety) Order 2005.

From: http://www.communities.gov.uk/index.asp?id=1162101

Accessed on 01/01/2007

Entry Level Guide - A short guide to making your premises safe from fire

Guide 1 - Offices and shops

Guide 2 - Factories and warehouses

Guide 3 - Sleeping accommodation

Guide 4 - Residential care premises

Guide 5 - Educational premises

Guide 6 - Small and medium places of assembly

Guide 7 - Large places of assembly

Guide 8 - Theatres and cinemas

Guide 9 - Outdoor events

Guide 10 - Healthcare premises

Guide 11 - Transport premises and facilities

APPENDIX B

Precis of Sections of the Fire Precautions Act 1971

Section 1
Uses Of Premises For Which A Fire Certificate Is Compulsory

Section 2
Premises Exempt From Section 1

Section 3
Power Of fire and rescue authority To Make Fire Certificate Compulsory For Use Of Certain Premises As A Dwelling.

Section 4
Right Of Appeal Against, And Coming Into Force Of Notices Under Section 3

Section 5
Application For, And Issue Of, Fire Certificate

Section 5A
Powers For fire and rescue authority To Grant Exemption In Particular Cases

Section 5B
Withdrawal Of Exemptions Under Section 5A

Section 6
Contents Of Fire Certificate

Section 7
Offences In Relation To Foregoing Provisions

Section 8
Change Of Conditions Affecting Adequacy Of Certain Matters Specified In Fire Certificates. Etc

Section 8A
Change Of Conditions Affecting Premises For Which Exemption Has Been Granted

Section 8B
Charges For Issue Or Amendment Of Fire Certificates

Section 9
Right Of Appeal As Regards Matters Arising Out Of Sections 5 To 8

Section 9A
Duty As To Means Of Escape And For Fighting Fire

Section 9B
Codes Of Practice As To Means Of Escape And For Fighting Fire

APPENDIX B

Precis of Sections of the Fire Precautions Act 1971 (continued)

Section 9C
Legal Effect Of Codes Of Practice

Section 9D
Improvement Notices

Section 9E
Rights Of Appeal Against Improvement Notices

Section 9F
Provisions As To Offences

Section 10
Special Procedure In Case Of Serious Risk: Prohibition Notices

Section 10A
Rights Of Appeal Against Prohibition Notices

Section 10B
Provision As To Offences

Section 11
Building Regulations As To Provision Of Means Of Escape In Case Of Fire Etc., And Related Power To Amend Local Acts

Section 12
Power Of Secretary Of State To Make Regulations About Fire Precautions

Section 13
Exercise Of Certain Powers Of fire and rescue authority In England And Wales Where Building Regulations As To Means Of Escape Apply

Section 14
Exercise Of Certain Powers Of Fire Authority In Scotland Where Building Standards Regulations As To Means Of Escape Apply

Section 15
Duty Of Local Authority To Consult fire and rescue authority Before Dispensing With Relaxing Certain Requirements Of Building Regulations

Section 16
Duty Of Local Authority To Consult fire and rescue authority In Certain Cases Before Passing Plans

Section 17
Duty of fire and rescue authority to Consult Other Authorities Before Requiring Alterations to Building

APPENDIX B

Precis of Sections of the Fire Precautions Act 1971 (continued)

Section 18
Enforcement Of Act

Section 19
Powers Of Inspectors

Section 20
Exercise On Behalf Of Fire Inspectors Of Their Powers By Officers Of Fire Brigades

Section 21
Restriction On Disclosure Of Information

Section 22
Falsification Of Documents, False Statements Etc

Section 23
Offences By Bodies Corporate

Section 24
Offences Due To Fault Of Other Person

Section 25
Defence Available To Persons Charged With Offences

Section 26
Appeals To Magistrates' Courts

Section 27
Appeal From Order Made On Complaint

Section 27A
Civil And Other Liability

Section 28
Power Of County Court Or Sheriff, To Modify Agreements And Leases And Apportion Expenses

Section 28A
Special Provision For Factory, Office, Railway And Shop Premises

Section 29
Extension Of Sections 24 And 33 Of Fire Services Act 1947

Section 30
Provisions As To Sections 59 And 60 Of Public Health Act 1936 And Certain Similar Enactments

APPENDIX B

Precis of Sections of the Fire Precautions Act 1971 (continued)

Section 31
Suspension Of Terms And Conditions Of Licences Dealing With Same Matters As Fire Certificates Or Regulations

Section 32
Provision For Securing Exercise Of Local Act Powers In Conformity With This Act

Section 33
Amendment Of Offices, Shops And Railway Premises Act 1963

Section 34
Modification Of Rent Act 1968 And Corresponding Scottish Acts

Section 35
Power To Apply Act To

Section 36
Power To Local Authorities To Make Loans To Meet Expenditure On Certain Alterations To Buildings Occasioned By This Act

Section 37
General Provisions As To Regulations

Section 38
Service Of Documents

Section 39
Expenses

Section 40
Application To Crown Etc

Section 41
Application To Premises Occupied By Uk Atomic Energy Authority

Section 42
Powers Of Parliament Of Northern Ireland

Section 43
Interpretation

Section 44
Short Title, Extent And Commencement

APPENDIX C

Precis of Contents of Circulars issued Pursuant to the Fire Precautions Act 1971

From http://www.fire.org.uk/cs/fpact/fpcircs.htm, accessed on 01/01/2007

CIRCULAR NO 1

Introductory Scope of the First Designating Order, Type of Establishment Hostels Accommodation for hotel staff.

CIRCULAR NO 2

Further application for a Fire Certificate following refusal of original application.
Use of university halls of residence during the vacation period,
BS 5266, Emergency Lighting.

CIRCULAR NO 3

Use of Section 10 powers. Houses in multiple occupation

CIRCULAR NO 4

Premises outside the scope of the controls
Embassies and other premises having diplomatic immunity
Council chambers
Court rooms
Family business
One man business which are limited companies
Cases of doubtful or partial application
Clubs
Holiday camps
Libraries
Milk depots
Places of Public Entertainment
Registrars
WRVS Offices
Citizens Advice Bureaux
Naafi Premises
Service Stations on motorways
Premises occupied together with office, shop and railway premises
Offices
Shops
Railway Premises

CIRCULAR NO 5

Identification of offices, shops and railway premises covered by the Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1976 (SI 1976, No 2009)
Application to Crown premises
Police Stations
Premises at mines & quarries
Definition of "building"

APPENDIX C

Precis of Contents of Circulars issued Pursuant to the Fire Precautions Act 1971 (Continued)

CIRCULAR NO 6

Serving a formal notice of refusal following expiry of time allowed in notice under section 5(4)

CIRCULAR NO 7

Premises outside the scope of the controls
Apprentice training centres
Government training centres
Industrial rehabilitation units
Re-establishment centres set up by the Department of Health and Social Security
Exhibitions
University workshops
Workshops occupied by the Automobile Association and Royal Automobile Club
Assay office
Cases of doubtful or partial application
Laboratories
Laboratory workshops
Repair work in garages
Washing and cleaning of vehicles used by transport undertakings or by industrial or commercial organisations
Tyre fitting and replacing
Police premises
Proof reading rooms in printing works
Cleaning, filling and packing of fish
Kitchens
Poultry killing and plucking
Mixed usage

CIRCULAR NO 8

Identification of Factory premises covered by the Fire Precautions Act 1971
Factory premises covered by the Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1976 (SI 1976 No 2009)
Factory premises covered by the Fire Precautions (Non-Certified Factory, Office, Shop and Railway Premises) Regulations 1976 (SI 1976 No 2010)

CIRCULAR NO 9

Interpretation of the phrase "employed to work"
Application to Canteens

CIRCULAR NO 10

10/1 Scope of the Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1976 (SI 1976 No 2009) and the Fire Precautions (Non-certified Factory, Office, Shop and Railway Premises) Regulations 1987 (SI 1976 No 2010). Premises at mines and quarries.
10/2 Application to warehouses.

APPENDIX C

Precis of Contents of Circulars issued Pursuant to the Fire Precautions Act 1971 (Continued)

CIRCULAR NO 11

11 Telephone Exchanges
11/1 Apartotels and Apartels

CIRCULAR NO 12

12/1 Fire Certificate of factory premises storing or using explosive or highly flammable materials.
12/2 Application of the Fire Precautions Act 1971 to Youth Training Scheme Trainees.

CIRCULAR NO 13

Section 10 - Prohibition

CIRCULAR NO 14

Fire Safety and Safety of Places of Sport Act 1987 : First Commencement Order.

CIRCULAR NO 15

Liaison between Fire Authorities and Authorities enforcing Health and Commencement Order.

CIRCULAR NO 16

The Fire Safety and Safety of Place of Sport Act 1987 (Commencement No 5) Order 1989. (SI 1989 No 75)
The Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989. (SI 1989 No 76)
The Fire Precautions (Application for Certificate) Regulations 1989. (SI 1989 No 77)
The Fire Precautions (Non-certificated Factory, Office, Shop and Railway Premises) (Revocation) Regulations 1989. (SI 1989 No 78).
The Fire Precautions Act 1971 (Modifications) (Revocation) Regulations 1989. (SI 1989 No 79).

CIRCULAR NO 17

Guide to Fire Precautions in existing Office, Shops, Factories and Railway Premises that require a Fire Certificate.

CIRCULAR NO 18

The Fire Precautions (Sub-Surface Railway Stations) Regulations 1989. (SI 1989 No 1401).

CIRCULAR NO 19

A Basic Guide on Fire Precautions for Factories, Offices, Shops and Railway Premises.

APPENDIX C

Precis of Contents of Circulars issued Pursuant to the Fire Precautions Act 1971 (Continued)

CIRCULAR NO 20

20/1 Guidance on Schedule 2 of the Fire Precautions Act 1971 in respect of designated premises exempt from the requirement to have a Fire Certificate.
20/2 Fire Precautions (Factories, Office, Shops and Railway Premises) Order 1989: Definition of Office, Shops and Railway Premises.

CIRCULAR NO 21

The National Health Service & Community Care Act 1990. The Removal of Crown Immunities from Health Bodies and Land.

CIRCULAR NO 22

Publication of two guidance documents on Fire Safety in Hotels and Boarding Houses.

CIRCULAR NO 23

Flammable Solids: Guidance on exemption from the requirement to have a Fire Certificate in relation to amounts stored or used on the premises.

CIRCULAR NO 24

The Fire Safety and Safety of Places of Sport Act 1987 (Commencement No 7) Order 1993 (SI 1993 No 1411)

CIRCULAR NO 25

25/1 Revision of the Guide to Fire Precautions in Existing Places of Work that Require a Fire Certificate.
25/2 Guidance for Fire Precautions on existing British Rail surface stations.

CIRCULAR NO 26

The Fire Precautions (Sub-Surface Railway Stations) (Amendment) Regulations 1994. (SI 1994 No 2184).

CIRCULAR NO 27

The Fire Precautions (Workplace) Regulations 1997, Publication of Guidance on these Regulations which come into force on the 1st December 1997 ().

CIRCULAR NO 28 (This circular replaces number 27 above)

The Fire Precautions (Workplace) Regulations 1997, as amended by the Fire Precautions And

APPENDIX D

Text of Articles 8-22 and 38 of the Regulatory Reform (Fire Safety) Order (continued). From Westlaw (www.westlaw.co.uk)

Article 8: Duty to take general fire precautions
(1)        The responsible person must--
        (a)        take such general fire precautions as will ensure, so far as is reasonably                 practicable, the safety of any of his employees; and
        (b)        in relation to relevant persons who are not his employees, take such                 general fire precautions as may reasonably be required in the                         circumstances of the case to ensure that the premises are safe.

Article 9: Risk assessment
(1)        The responsible person must make a suitable and sufficient assessment of the         risks to which relevant persons are exposed for the purpose of identifying the         general fire precautions he needs to take to comply with the requirements         and prohibitions imposed on him by or under this Order.
(2)        Where a dangerous substance is or is liable to be present in or on the         premises, the risk assessment must include consideration of the matters set out         in Part 1 of Schedule 1.
(3)        Any such assessment must be reviewed by the responsible person regularly so         as to keep it up to date and particularly if--
        (a)        there is reason to suspect that it is no longer valid; or
        (b)        there has been a significant change in the matters to which it relates                 including when the premises, special, technical and organisational                         measures, or organisation of the work undergo significant changes,                 extensions, or conversions,
        and where changes to an assessment are required as a result of any such         review, the responsible person must make them.
(4)        The responsible person must not employ a young person unless he has, in         relation to risks to young persons, made or reviewed an assessment in         accordance with paragraphs (1) and (5).
(5)        In making or reviewing the assessment, the responsible person who employs or         is to employ a young person must take particular account of the matters set         out in Particle 2 of Schedule 1.
(6)        As soon as practicable after the assessment is made or reviewed, the         responsible person must record the information prescribed by paragraph (7)         where--
        (a)        he employs five or more employees;
        (b)        a licence under an enactment is in force in relation to the premises; or
        (c)        an alterations notice requiring this is in force in relation to the premises.
(7)        The prescribed information is--
        (a)        the significant findings of the assessment, including the measures which                 have been or will be taken by the responsible person pursuant to this                 Order; and
        (b)        any group of persons identified by the assessment as being especially                 at risk.

APPENDIX D

Text of Articles 8-22 and 38 of the Regulatory Reform (Fire Safety) Order (continued). From Westlaw (www.westlaw.co.uk)

(8)        No new work activity involving a dangerous substance may commence         unless--
        (a) the risk assessment has been made; and
        (b) the measures required by or under this Order have been implemented.

Article: 10: Principles of prevention to be applied
Where the responsible person implements any preventive and protective measures he must do so on the basis of the principles specified in Particle 3 of Schedule 1.

Article 11: Fire safety arrangements
(1)        The responsible person must make and give effect to such arrangements as         are appropriate, having regard to the size of his undertaking and the nature         of its activities, for the effective planning, organisation, control, monitoring         and review of the preventive and protective measures.
(2)         The responsible person must record the arrangements referred to in         paragraph (1) where--
        (a)        he employs five or more employees;
        (b)        a licence under an enactment is in force in relation to the premises; or
        (c)        an alterations notice requiring a record to be made of those                         arrangements is in force in relation to the premises.

Article 12: Elimination or reduction of risks from dangerous substances
(1)        Where a dangerous substance is present in or on the premises, the responsible         person must ensure that risk to relevant persons related to the presence of the         substance is either eliminated or reduced so far as is reasonably practicable.
(2)        In complying with his duty under paragraph (1), the responsible person must,         so far as is reasonably practicable, replace a dangerous substance, or the use         of a dangerous substance, with a substance or process which either         eliminates or reduces the risk to relevant persons.
(3)        Where it is not reasonably practicable to eliminate risk pursuant to paragraphs         (1) and (2), the responsible person must, so far as is reasonably practicable,         apply measures consistent with the risk assessment and appropriate to the         nature of the activity or operation, including the measures specified in Particle          4 of Schedule 1 to this Order to--
        (a)        control the risk, and
        (b)        mitigate the detrimental effects of a fire.
(4)        The responsible person must--
        (a)        arrange for the safe handling, storage and transport of dangerous                         substances and waste containing dangerous substances; and
        (b)        ensure that any conditions necessary pursuant to this Order for ensuring                 the elimination or reduction of risk are maintained.

APPENDIX D

Text of Articles 8-22 and 38 of the Regulatory Reform (Fire Safety) Order (continued). From Westlaw (www.westlaw.co.uk)

Article13: Fire-fighting and fire detection
(1) Where necessary (whether due to the features of the premises, the activity carried on there, any hazard present or any other relevant circumstances) in order to safeguard the safety of relevant persons, the responsible person must ensure that--
(a) the premises are, to the extent that it is appropriate, equipped with appropriate fire-fighting equipment and with fire detectors and alarms; and

(b) any non-automatic fire-fighting equipment so provided is easily accessible, simple to use and indicated by signs.

(2)        For the purposes of paragraph (1) what is appropriate is to be determined         having regard to the dimensions and use of the premises, the equipment         contained on the premises, the physical and chemical properties of the         substances likely to be present and the maximum number of persons who         may be present at any one time.
(3)        The responsible person must, where necessary--
        (a)        take measures for fire-fighting in the premises, adapted to the nature of                 the activities carried on there and the size of the undertaking and of                 the premises concerned;
        (b)        nominate competent persons to implement those measures and                         ensure that the number of such persons, their training and the                         equipment available to them are adequate, taking into account the                 size of, and the specific hazards involved in, the premises concerned;                 and
        (c)        arrange any necessary contacts with external emergency services,                         particularly as regards fire-fighting, rescue work, first-aid and                                 emergency medical care.
(4)        A person is to be regarded as competent for the purposes of paragraph (3)(b)         where he has sufficient training and experience or knowledge and other         qualities to enable him properly to implement the measures referred to in that         paragraph.

Article 14: Emergency routes and exits
(1)        Where necessary in order to safeguard the safety of relevant persons, the         responsible person must ensure that routes to emergency exits from premises         and the exits themselves are kept clear at all times.
(2)        The following requirements must be complied with in respect of premises         where necessary (whether due to the features of the premises, the activity         carried on there, any hazard present or any other relevant circumstances) in         order to safeguard the safety of relevant persons--
        (a)        emergency routes and exits must lead as directly as possible to a place                 of safety;

APPENDIX D

Text of Articles 8-22 and 38 of the Regulatory Reform (Fire Safety) Order (continued). From Westlaw (www.westlaw.co.uk)

        (b)        in the event of danger, it must be possible for persons to evacuate the                 premises as quickly and as safely as possible;
        (c)        the number, distribution and dimensions of emergency routes and exits                 must be adequate having regard to the use, equipment and                         dimensions of the premises and the maximum number of persons who                 may be present there at any one time;
        (d)        emergency doors must open in the direction of escape;
        (e)        sliding or revolving doors must not be used for exits specifically intended                 as emergency exits;
        (f)        emergency doors must not be so locked or fastened that they cannot                 be easily and immediately opened by any person who may require to

                use them in an emergency;
        (g)        emergency routes and exits must be indicated by signs; and
        (h)        emergency routes and exits requiring illumination must be provided                 with emergency lighting of adequate intensity in the case of failure                         of their normal lighting.

Article 15: Procedures for serious and imminent danger and for danger areas
(1)        The responsible person must--
        (a)        establish and, where necessary, give effect to appropriate procedures,                 including safety drills, to be followed in the event of serious and                         imminent danger to relevant persons;
        (b)        nominate a sufficient number of competent persons to implement                         those procedures in so far as they relate to the evacuation of relevant                 persons from the premises; and
        (c)        ensure that no relevant person has access to any area to which it is                 necessary to restrict access on grounds of safety, unless the person                         concerned has received adequate safety instruction.
(2)        Without prejudice to the generality of paragraph (1)(a), the procedures         referred to in that sub-paragraph must--
        (a)        so far as is practicable, require any relevant persons who are exposed                 to serious and imminent danger to be informed of the nature of the                 hazard and of the steps taken or to be taken to protect them from it;
        (b)        enable the persons concerned (if necessary by taking appropriate                         steps in the absence of guidance or instruction and in the light of their                 knowledge and the technical means at their disposal) to stop work and                 immediately proceed to a place of safety in the event of their being                 exposed to serious, imminent and unavoidable danger; and
        (c)        save in exceptional cases for reasons duly substantiated (which cases                 and reasons must be specified in those procedures), require the                         persons concerned to be prevented from resuming work in any                         situation where there is still a serious and imminent danger.

APPENDIX D

Text of Articles 8-22 and 38 of the Regulatory Reform (Fire Safety) Order (continued). From Westlaw (www.westlaw.co.uk)

(3) A person is to be regarded as competent for the purposes of paragraph (1) where he has sufficient training and experience or knowledge and other qualities to enable him properly to implement the evacuation procedures referred to in that paragraph.

Article 16: Additional emergency measures in respect of dangerous substances
(1)        Subject to paragraph (4), in order to safeguard the safety of relevant persons         arising from an accident, incident or emergency related to the presence of a         dangerous substance in or on the premises, the responsible person must         ensure that--
        (a)        information on emergency arrangements is available, including--
                (i)        details of relevant work hazards and hazard identification                                 arrangements; and
                (ii)        specific hazards likely to arise at the time of an accident,                                 incident or emergency;

        (b)        suitable warning and other communication systems are established to                 enable an appropriate response, including remedial actions and                         rescue operations, to be made immediately when such an event                         occurs;
        (c)        where necessary, before any explosion conditions are reached, visual                 or audible warnings are given and relevant persons withdrawn; and
        (d)        where the risk assessment indicates it is necessary, escape facilities are                 provided and maintained to ensure that, in the event of danger,                         relevant persons can leave endangered places promptly and safely.
(2)        Subject to paragraph (4), the responsible person must ensure that the         information required by Article: 15(1)(a) and paragraph (1)(a) of this Article: ,         together with information on the matters referred to in paragraph (1)(b) and         (d) is--
        (a)        made available to relevant accident and emergency services to                         enable those services, whether internal or external to the premises, to                 prepare their own response procedures and precautionary measures;                 and
        (b)        displayed at the premises, unless the results of the risk assessment make                 this unnecessary.
(3)        Subject to paragraph (4), in the event of a fire arising from an accident,         incident or emergency related to the presence of a dangerous substance in         or on the premises, the responsible person must ensure that--
        (a)        immediate steps are taken to--
                (i)        mitigate the effects of the fire;
                (ii)        restore the situation to normal; and
                (iii)        inform those relevant persons who may be affected; and

APPENDIX D

Text of Articles 8-22 and 38 of the Regulatory Reform (Fire Safety) Order (continued). From Westlaw (www.westlaw.co.uk)

        (b)        only those persons who are essential for the carrying out of repairs and                 other necessary work are permitted in the affected area and they are                 provided with--
                (i)        appropriate personal protective equipment and protective                                 clothing; and
                (ii)        any necessary specialised safety equipment and plant,
                        which must be used until the situation is restored to normal.
(4)        Paragraphs (1) to (3) do not apply where--
        (a)        the results of the risk assessment show that, because of the quantity of                 each dangerous substance in or on the premises, there is only a slight                 risk to relevant persons; and
        (b)        the measures taken by the responsible person to comply with his duty                 under Article 12 are sufficient to control that risk.

Article 17: Maintenance
(1)        Where necessary in order to safeguard the safety of relevant persons the         responsible person must ensure that the premises and any facilities,         equipment and devices provided in respect of the premises under this Order         or, subject to paragraph (6), under any other enactment, including any         enactment repealed or revoked by this Order, are subject to a suitable system         of maintenance and are maintained in an efficient state, in efficient working         order and in good repair.
(2)        Where the premises form part of a building, the responsible person may         make arrangements with the occupier of any other premises forming part of         the building for the purpose of ensuring that the requirements of paragraph         (1) are met.
(3)        Paragraph (2) applies even if the other premises are not premises to which this         Order applies.
(4)        The occupier of the other premises must co-operate with the responsible         person for the purposes of paragraph (2).
(5)        Where the occupier of the other premises is not also the owner of those         premises, the references to the occupier in paragraphs (2) and (4) are to be         taken to be references to both the occupier and the owner.
(6)        Paragraph (1) only applies to facilities, equipment and devices provided         under other enactments where they are provided in connection with general         fire precautions.

Article 18: Safety assistance
(1) The responsible person must, subject to paragraphs (6) and (7), appoint one or more competent persons to assist him in undertaking the preventive and protective measures.
(2) Where the responsible person appoints persons in accordance with paragraph (1), he must make arrangements for ensuring adequate co- operation between them.

APPENDIX D

Text of Articles 8-22 and 38 of the Regulatory Reform (Fire Safety) Order (continued). From Westlaw (www.westlaw.co.uk)

(3)        The responsible person must ensure that the number of persons appointed         under paragraph (1), the time available for them to fulfil their functions and         the means at their disposal are adequate having regard to the size of the         premises, the risks to which relevant persons are exposed and the distribution         of those risks throughout the premises.
(4)        The responsible person must ensure that--
        (a)        any person appointed by him in accordance with paragraph (1) who is                 not in his employment--
                (i)        is informed of the factors known by him to affect, or suspected                         by him of affecting, the safety of any other person who may be                         affected by the conduct of his undertaking; and
                (ii)        has access to the information referred to in Article 19(3); and
        (b)        any person appointed by him in accordance with paragraph (1) is                         given such information about any person working in his undertaking                 who is—

                (i)        employed by him under a fixed-term contract of employment,                         or
                (ii)        employed in an employment business,
                        as is necessary to enable that person properly to carry out the                         function specified in that paragraph.
(5)        A person is to be regarded as competent for the purposes of this Article where         he has sufficient training and experience or knowledge and other qualities to         enable him properly to assist in undertaking the preventive and protective         measures.
(6)        Paragraph (1) does not apply to a self-employed employer who is not in         partnership with any other person, where he has sufficient training and         experience or knowledge and other qualities properly to assist in undertaking         the preventive and protective measures.
(7)        Paragraph (1) does not apply to individuals who are employers and who are         together carrying on business in partnership, where at least one of the         individuals concerned has sufficient training and experience or knowledge         and other qualities--
        (a)        properly to undertake the preventive and protective measures; and
        (b)        properly to assist his fellow partners in undertaking those measures.
(8)        Where there is a competent person in the responsible person's employment,         that person must be appointed for the purposes of paragraph (1) in         preference to a competent person not in his employment.

APPENDIX D

Text of Articles 8-22 and 38 of the Regulatory Reform (Fire Safety) Order (continued). From Westlaw (www.westlaw.co.uk)

Article 19: Provision of information to employees
(1)        The responsible person must provide his employees with comprehensible and         relevant information on--
        (a)        the risks to them identified by the risk assessment;
        (b)        the preventive and protective measures;
        (c)        the procedures and the measures referred to in Article 15(1)(a);
        (d)        the identities of those persons nominated by him in accordance with                 Article 13(3)(b) or appointed in accordance with Article 15(1)(b); and
        (e)        the risks notified to him in accordance with Article 22(1)(c).
(2)        The responsible person must, before employing a child, provide a parent of         the child with comprehensible and relevant information on--
        (a)        the risks to that child identified by the risk assessment;
        (b)        the preventive and protective measures; and
        (c)        the risks notified to him in accordance with Article 22(1)(c),
        and for the purposes of this paragraph, "parent of the child" includes a person         who has parental responsibility, within the meaning of section 3 of the         Children Act 1989, for the child.
(3)        Where a dangerous substance is present in or on the premises, the responsible         person must, in addition to the information provided under paragraph (1)         provide his employees with--
        (a)        the details of any such substance including--
                (i)        the name of the substance and the risk which it presents;
                (ii)        access to any relevant safety data sheet; and
                (iii)        legislative provisions (concerning the hazardous properties of                         any such substance) which apply to the substance; and
        (b)        the significant findings of the risk assessment.
(4)        The information required by paragraph (3) must be--
        (a)        adapted to take account of significant changes in the activity carried                 out or methods or work used by the responsible person; and
        (b)        provided in a manner appropriate to the risk identified by the risk                         assessment.

Article 20: Provision of information to employers and the self-employed from outside undertakings
(1)        The responsible person must ensure that the employer of any employees from         an outside undertaking who are working in or on the premises is provided with         comprehensible and relevant information on--
        (a)        the risks to those employees; and
        (b)        the preventive and protective measures taken by the responsible                         person.
(2)        The responsible person must ensure that any person working in his undertaking         who is not his employee is provided with appropriate instructions and         comprehensible and relevant information regarding any risks to that person.

APPENDIX D

Text of Articles 8-22 and 38 of the Regulatory Reform (Fire Safety) Order (continued). From Westlaw (www.westlaw.co.uk)

(3)        The responsible person must--
        (a)        ensure that the employer of any employees from an outside                                 undertaking who are working in or on the premises is provided with                         sufficient information to enable that employer to identify any person                 nominated by the responsible person in accordance with Article                         15(1)(b) to implement evacuation procedures as far as those                         employees are concerned; and
        (b)        take all reasonable steps to ensure that any person from an outside                 undertaking who is working in or on the premises receives sufficient                         information to enable that person to identify any person nominated by                 the responsible person in accordance with Article: 15 (1)(b) to                         implement evacuation procedures as far as they are concerned.

Article 21: Training
(1)        The responsible person must ensure that his employees are provided with         adequate safety training--
        (a)        at the time when they are first employed; and
        (b)        on their being exposed to new or increased risks because of--
                (i)        their being transferred or given a change of responsibilities within                         the responsible person's undertaking;
                (ii)        the introduction of new work equipment into, or a change                                 respecting work equipment already in use within, the responsible                         person's undertaking;
                (iii)        the introduction of new technology into the responsible person's

                        undertaking; or
                (iv)        the introduction of a new system of work into, or a change                                 respecting a system of work already in use within, the responsible                         person's undertaking.
(2)        The training referred to in paragraph (1) must--
        (a)        include suitable and sufficient instruction and training on the                                 appropriate precautions and actions to be taken by the employee in                 order to safeguard himself and other relevant persons on the premises;
        (b)        be repeated periodically where appropriate;
        (c)        be adapted to take account of any new or changed risks to the safety                 of the employees concerned;
        (d)        be provided in a manner appropriate to the risk identified by the risk                 assessment; and
        (e)        take place during working hours.

APPENDIX D

Text of Articles 8-22 and 38 of the Regulatory Reform (Fire Safety) Order (continued). From Westlaw (www.westlaw.co.uk)

Article 22: Co-operation and co-ordination
(1) Where two or more responsible persons share, or have duties in respect of, premises (whether on a temporary or a permanent basis) each such person must--
(a) co-operate with the other responsible person concerned so far as is necessary to enable them to comply with the requirements and

                prohibitions imposed on them by or under this Order;
        (b)        (taking into account the nature of his activities) take all reasonable                         steps to co-ordinate the measures he takes to comply with the                         requirements and prohibitions imposed on him by or under this Order                 with the measures the other responsible persons are taking to comply                 with the requirements and prohibitions imposed on them by or under                 this Order; and
        (c)        take all reasonable steps to inform the other responsible persons                         concerned of the risks to relevant persons arising out of or in                                 connection with the conduct by him of his undertaking.
(2)        Where two or more responsible persons share premises (whether on a         temporary or a permanent basis) where an explosive atmosphere may occur,         the responsible person who has overall responsibility for the premises must co-        ordinate the implementation of all the measures required by this Part to be         taken to protect relevant persons from any risk from the explosive         atmosphere.

Article 38: Maintenance of measures provided for protection of fire-fighters
(1)        Where necessary in order to safeguard the safety of fire-fighters in the event of         a fire, the responsible person must ensure that the premises and any facilities,         equipment and devices provided in respect of the premises for the use by or         protection of fire-fighters under this Order or under any other enactment,         including any enactment repealed or revoked by this Order, are subject to a         suitable system of maintenance and are maintained in an efficient state, in         efficient working order and in good repair.
(2)        Where the premises form part of a building, the responsible person may make         arrangements with the occupier of any premises forming part of the building         for the purpose of ensuring that the requirements of paragraph (1) are met.
(3)        Paragraph (2) applies even if the other premises are not premises to which this         Order applies.
(4)        The occupier of the other premises must co-operate with the responsible         person for the purposes of paragraph (2).
(5)        Where the occupier of the other premises is not also the owner of those         premises, the reference to the occupier in paragraphs (2) and (4) are to be         taken to be references to both the occupier and the owner.

APPENDIX E

Text of Article 34 of the Regulatory Reform (Fire Safety) Order

From Westlaw (www.westlaw.co.uk)

Article: 34 Offences
(1)        It is an offence for any responsible person or any other person mentioned in         Article 5(3) to--
        (a)        fail to comply with any requirement or prohibition imposed by Articles                 8 to 22 and 38 (fire safety duties) where that failure places one or more                 relevant persons at risk of death or serious injury in case of fire;
        (b)        fail to comply with any requirement or prohibition imposed by                         regulations made, or having effect as if made, under Article 24 where

                that failure places one or more relevant persons at risk of death or                         serious injury in case of fire;
        (c)        fail to comply with any requirement imposed by Article 29(3) or (4)                         (alterations notices);
        (d)        fail to comply with any requirement imposed by an enforcement                         notice;
        (e)        fail, without reasonable excuse, in relation to apparatus to which                         Article 37 applies (luminous tube signs)--
                (i)        to ensure that such apparatus which is installed in premises                                 complies with Article 37 (3) and (4);
                (ii)        to give a notice required by Article 37(6) or (8), unless he                                 establishes that some other person duly gave the notice in                                 question;
                (iii)        to comply with a notice served under Article 37(9).
(2)        It is an offence for any person to--
        (a)        fail to comply with Article 23 (general duties of employees at work)                         where that failure places one or more relevant persons at risk of death                 or serious injury in case of fire;
        (b)        make in any register, book, notice or other document required to be                 kept, served or given by or under, this Order, an entry which he knows                 to be false in a material particular;
        (c)        give any information which he knows to be false in a material particular                 or recklessly give any information which is so false, in purported                         compliance with any obligation to give information to which he is                         subject under or by virtue of this Order, or in response to any inquiry                         made by virtue of Article 27(1)(b);
        (d)        obstruct, intentionally, an inspector in the exercise or performance of                 his powers or duties under this Order;
        (e)        fail, without reasonable excuse, to comply with any requirements                         imposed by an inspector under Article 27(1)(c) or (d);
        (f)        pretend, with intent to deceive, to be an inspector;
        (g)        fail to comply with the prohibition imposed by Article 40 (duty not to                 charge employees);
        (h)        fail to comply with any prohibition or restriction imposed by a                         prohibition notice.

APPENDIX E

Text of Article 34 of the Regulatory Reform (Fire Safety) Order (continued)

From Westlaw (www.westlaw.co.uk)

(3)        Any person guilty of an offence under paragraph (1)(a) to (d) and (2)(h) is         liable--
        (a)        on summary conviction to a fine not exceeding the statutory                         maximum; or
        (b)        on conviction on indictment, to a fine, or to imprisonment for a term                 not exceeding two years, or to both.
(4)        Any person guilty of an offence under paragraph (1)(e)(i) to (iii) is liable on         summary conviction to a fine not exceeding level 3 on the standard scale.
(5)        Any person guilty of an offence under paragraph (2)(a) is liable--
        (a)        on summary conviction to a fine not exceeding the statutory

                maximum; or
        (b)         on conviction on indictment, to a fine.
(6)        Any person guilty of an offence under paragraph (2)(b), (c), (d) or (g) is liable         on summary conviction to a fine not exceeding level 5 on the standard scale.
(7)        Any person guilty of an offence under paragraph (2)(e) or (f) is liable on         summary conviction to a fine not exceeding level 3 on the standard scale.
(8)        Where an offence under this Order committed by a body corporate is proved         to have been committed with the consent or connivance of, or to be         attributable to any neglect on the part of, any director, manager, secretary or         other similar officer of the body corporate, or any person purporting to act in         any such capacity, he as well as the body corporate is guilty of that offence,         and is liable to be proceeded against and punished accordingly.
(9)        Where the affairs of a body corporate are managed by its members,         paragraph (8) applies in relation to the acts and defaults of a member in         connection with his functions of management as if he were a director of the         body corporate.
(10)        Where the commission by any person of an offence under this Order, is due to         the act or default of some other person, that other person is guilty of the         offence, and a person may be charged with and convicted of the offence         by virtue of this paragraph whether or not proceedings are taken against the         first-mentioned person.
(11)        Nothing in this Order operates so as to afford an employer a defence in any         criminal proceedings for a contravention of those provisions by reason of any         act or default of--
        (a)        an employee of his; or
        (b)        a person nominated under Article: s 13(3)(b) or 15(1)(b) or appointed                 under 18(1).

APPENDIX F

Text of Articles 3, 6, 29, 30 & 31 of the Regulatory Reform (Fire Safety) Order. From Westlaw (www.westlaw.co.uk)

Article 3: Meaning of "responsible person"
In this Order "responsible person" means--
(a)        in relation to a workplace, the employer, if the workplace is to any extent         under his control;
(b)        in relation to any premises not falling within paragraph (a)--
        (i)        the person who has control of the premises (as occupier or otherwise)                 in connection with the carrying on by him of a trade, business or other                 undertaking (for profit or not); or
        (ii)        the owner, where the person in control of the premises does not have                 control in connection with the carrying on by that person of a trade,                 business or other undertaking.

Article 6: Application to premises
(1)        This Order does not apply in relation to--
        (a)        domestic premises, except to the extent mentioned in article 31(10);
        (b)        an offshore installation within the meaning of regulation 3 of the                         Offshore Installation and Pipeline Works (Management and                                 Administration) Regulations 1995;
        (c)        a ship, in respect of the normal ship-board activities of a ship's crew                 which are carried out solely by the crew under the direction of the                         master;
        (d)        fields, woods or other land forming part of an agricultural or forestry                 undertaking but which is not inside a building and is situated away from                 the undertaking's main buildings;
        (e)        an aircraft, locomotive or rolling stock, trailer or semi-trailer used as a                 means of transport or a vehicle for which a licence is in force under the                 Vehicle Excise and Registration Act 1994 or a vehicle exempted from                 duty under that Act;
        (f)        a mine within the meaning of section 180 of the Mines and Quarries Act                 1954 [FN1], other than any building on the surface at a mine;
        (g)        a borehole site to which the Borehole Sites and Operations Regulations                 1995 apply.
(2)        Subject to the preceding paragraph of this article, this Order applies in         relation to any premises.

Article 29: Alterations notices
(1)        The enforcing authority may serve on the responsible person a notice (in this         Order referred to as "an alterations notice") if the authority is of the opinion         that the premises--
        (a)        constitute a serious risk to relevant persons (whether due to the features                 of the premises, their use, any hazard present, or any other                                 circumstances); or
        (b)        may constitute such a risk if a change is made to them or the use to                 which they are put.

APPENDIX F

Text of Articles 3, 6, 29, 30 & 31 of the Regulatory Reform (Fire Safety) Order (continued). From Westlaw (www.westlaw.co.uk)

(2)        An alterations notice must--
        (a)        state that the enforcing authority is of the opinion referred to in                         paragraph (1); and
        (b)        specify the matters which in their opinion, constitute a risk to relevant                 persons or may constitute such a risk if a change is made to the                         premises or the use to which they are put.
(3)        Where an alterations notice has been served in respect of premises, the         responsible person must, before making any of the changes specified in         paragraph (4) which may result in a significant increase in risk, notify the         enforcing authority of the proposed changes.
(4)        The changes referred to in paragraph (3) are--
        (a)        a change to the premises;
        (b)        a change to the services, fittings or equipment in or on the premises;
        (c)        an increase in the quantities of dangerous substances which are                         present in or on the premises;
        (d)        a change to the use of the premises.
(5)        An alterations notice may include a requirement that, in addition to the         notification required by paragraph (3), the responsible person must--
        (a)        take all reasonable steps to notify the terms of the notice to any other         person who has duties under article 5(3) in respect of the premises;
        (b)        record the information prescribed in article 9(7), in accordance with                 article 9(6);
        (c)        record the arrangements required by article 11(1), in accordance with                 article 11(2); and
        (d)        before making the changes referred to in paragraph (3), send the                         enforcing authority the following--
                (i)        a copy of the risk assessment; and
                (ii)        a summary of the changes he proposes to make to the existing                         general fire precautions.
(6)        An alterations notice served under paragraph (1) may be withdrawn at any         time and, for the purposes of this article, the notice is deemed to be in force         until such time as it is withdrawn or cancelled by the court under article 35(2).
(7)        Nothing in this article prevents an enforcing authority from serving an         enforcement notice or a prohibition notice in respect of the premises.

Article 30: Enforcement notices
(1)         If the enforcing authority is of the opinion that the responsible person or any         other person mentioned in article 5(3) has failed to comply with any provision         of this Order or of any regulations made under it, the authority may, subject to         article 36, serve on that person a notice (in this Order referred to as "an         enforcement notice").
(2)        An enforcement notice must--
        (a)        state that the enforcing authority is of the opinion referred to in                         paragraph (1) and why;
        (b)        specify the provisions which have not been complied with; and

APPENDIX F

Text of Articles 3, 6, 29, 30 & 31 of the Regulatory Reform (Fire Safety) Order (continued). From Westlaw (www.westlaw.co.uk)

        (c)        require that person to take steps to remedy the failure within such                         period from the date of service of the notice (not being less than 28                 days) as may be specified in the notice.
(3)        An enforcement notice may, subject to article 36, include directions as to the         measures which the enforcing authority consider are necessary to remedy the         failure referred to in paragraph (1) and any such measures may be framed so         as to afford the person on whom the notice is served a choice between         different ways of remedying the contravention.
(4)        Where the enforcing authority is of the opinion that a person's failure to         comply with this Order also extends to a workplace, or employees who work in         a workplace, to which this Order applies but for which they are not the         enforcing authority, the notice served by them under paragraph (1) may         include requirements concerning that workplace or those employees; but         before including any such requirements the enforcing authority must consult         the enforcing authority for that workplace.
(5)        Before serving an enforcement notice which would oblige a person to make         an alteration to premises, the enforcing authority must consult--
        (a)        in cases where the relevant local authority is not the enforcing                         authority, the relevant local authority;
        (b)        in the case of premises used as a workplace which are within the field                 of responsibility of one or more enforcing authorities within the meaning                 of Part 1 of the Health and Safety at Work etc Act 1974, that authority                 or those authorities; and section 18(7) of the Health and Safety at Work                 etc Act 1974 (meaning in Part I of that Act of "enforcing authority" and                 of such an authority's "field of responsibility") applies for the purposes of                 this article as it applies for the purposes of that Part;
        (c)        in the case of a building or structure in relation to all or any part of                         which an initial notice given under section 47 of the Building Act 1984                 [FN1] is in force, the approved inspector who gave that initial notice;
        (d)         in the case of premises which are, include, or form part of, a                         designated sports ground or a sports ground at which there is a                         regulated stand, the relevant local authority, where that authority is not                 the enforcing authority; and for the purposes of this sub-paragraph,                 "sports ground" and "designated sports ground" have the same                         meaning as in the Safety of Sports Grounds Act 1975 and "regulated                 stand" has the same meaning as in the Fire Safety and Safety of Places                 of Sport Act 1987;
        (e)        any other person whose consent to the alteration would be required by                 or under any enactment.
(6)        Without prejudice to the power of the court to cancel or modify an         enforcement notice under article 35(2), no failure on the part of an enforcing         authority to consult under paragraphs (4) or (5) makes an enforcement notice         void.

APPENDIX F

Text of Articles 3, 6, 29, 30 & 31 of the Regulatory Reform (Fire Safety) Order (continued). From Westlaw (www.westlaw.co.uk)

(7)        Where an enforcement notice has been served under paragraph (1)--
        (a)        the enforcing authority may withdraw the notice at any time before                 the end of the period specified in the notice; and
        (b)        if an appeal against the notice is not pending, the enforcing authority                 may extend or further extend the period specified in the notice.

Article 31: Prohibition notices
(1)        If the enforcing authority is of the opinion that use of premises involves or will         involve a risk to relevant persons so serious that use of the premises ought to         be prohibited or restricted, the authority may serve on the responsible person         or any other person mentioned in article 5(3) a notice (in this Order referred to         as "a prohibition notice").
(2)        The matters relevant to the assessment by the enforcing authority, for the         purposes of paragraph (1), of the risk to relevant persons include anything         affecting their escape from the premises in the event of fire.
(3)        A prohibition notice must--
        (a)        state that the enforcing authority is of the opinion referred to in                         paragraph (1);
        (b)        specify the matters which in their opinion give or, as the case may be,                 will give rise to that risk; and
        (c)        direct that the use to which the prohibition notice relates is prohibited                 or restricted to such extent as may be specified in the notice until the                 specified matters have been remedied.
(4)        A prohibition notice may include directions as to the measures which will have         to be taken to remedy the matters specified in the notice and any such         measures may be framed so as to afford the person on whom the notice is         served a choice between different ways of remedying the matters.
(5)        A prohibition or restriction contained in a prohibition notice pursuant to         paragraph (3)(c) takes effect immediately it is served if the enforcing authority         is of the opinion, and so states in the notice, that the risk of serious personal         injury is or, as the case may be, will be imminent, and in any other case takes         effect at the end of the period specified in the prohibition notice.
(6)        Before serving a prohibition notice in relation to a house in multiple         occupation, the enforcing authority shall, where practicable, notify the local         housing authority of their intention and the use which they intend to prohibit or         restrict.
(7)        For the purposes of paragraph (6)--
        "house in multiple occupation" means a house in multiple occupation as         defined by sections 254 to 259 of the Housing Act 2004, as they have effect for         the purposes of Part 1 of that Act (that is, without the exclusions contained in         Schedule 14 to that Act); and
        "local housing authority" has the same meaning as in section 261(2) of the         Housing Act 2004.

APPENDIX F

Text of Articles 3, 6, 29, 30 & 31 of the Regulatory Reform (Fire Safety) Order (continued). From Westlaw (www.westlaw.co.uk)

(8)        Without prejudice to the power of the court to cancel or modify a prohibition         notice under article 35(2), no failure on the part of an enforcing authority to         notify under paragraph (6) makes a prohibition notice void.
(9)        Where a prohibition notice has been served under paragraph (1) the         enforcing authority may withdraw it at any time.
(10)        In this article, "premises" includes domestic premises other than premises         consisting of or comprised in a house which is occupied as a single private         dwelling and article 27 (powers of inspectors) shall be construed accordingly.

APPENDIX G

Sample Fire Certificate issued by North Wales Fire & Rescue Service under the terms of the Fire Precautions Act 1971 (as amended)

S Lambert B.Eng. (Fire Engineering), P/T Year 3 Page of

The Fire Safety Order: Better Compliance or Just More Regulation?

TABLE OF CONTENTS

INTRODUCTION

LEGISLATIVE STATUS OF THE FSO

REQUIREMENTS OF THE FSO

PREVIOUS LEGISLATION: FIRE PRECAUTIONS ACT 1971 (AS AMENDED) AND FIRE PRECAUTIONS (WORKPLACE) REGULATIONS 1997 (AS AMENDED)

COMPARISON BETWEEN THE FPA, FPWR AND THE FSO

CONCLUSION

APPENDIX A

This is a preview of the whole essay

APPENDIX A

APPENDIX B

APPENDIX C

APPENDIX C

APPENDIX D

APPENDIX D

APPENDIX E

APPENDIX F

APPENDIX F

APPENDIX G

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