In response to comments made by Tom Welland in the November issue of FSE about inconsistent enforcement of the Regulatory Reform (Fire Safety) Order 2005, the Chief Fire Officers Association has made the following statement:
At the introduction of the Regulatory Reform (Fire Safety) Order 2005 (FSO) CFOA recognised that this was an ideal opportunity to strive for consistency of application of the FSO across England and Wales. The development and implementation of a common audit/inspection process, which has recently been refined, across England and Wales, ensures that outcomes of an audit, in terms of enforcement, should be consistent whichever fire and rescue service geographical area the business operates in.
The risk assessment philosophy of the FSO gives a flexibility of approach that was not common under the Fire Precautions Act 1971. The business community were seeking greater flexibility in the provision of fire protection measures prior to the introduction of this legislation. They quite correctly asserted that as the risk maker, they should be addressing that risk in a manner that achieves compliance whilst not impacting on their business.
Fire and Rescue services (FRS) wanted to use their limited resources to target risk smarter by being able to audit premises that were not bound by previous legislation.
The government has indicated what they consider to be adequate standards and these are within the published risk assessment guides. It is clear within these documents that there may be other methods of achieving a similar level of safety and it is this flexibility that can lead to a perceived inconsistency of application of standards to achieve a safe building along with compliance. There will always be the contradiction of prescription versus flexibility and it is not uncommon for enforcers to disagree on an appropriate solution to risk and inevitably, these disagreements could also apply to professional risk assessors.
It is accepted that some Responsible Persons (RP) can find themselves out of their depth and they need to recognise when this is the case and seek support possibly by engaging the services of sector competent assistance. The Regulators Compliance Code places an obligation on the fire service to reduce the burden on business and encourage economic growth for the community within its area. Some services are running ‘compliance events' where responsible persons are signposted to guidance and are able to seek advice on their responsibilities. These events are often combined with other regulators, giving the RP a ‘one stop shop' where they can obtain expert advice on all areas of regulation from trading standards to food safety.
The Enforcement Concordat which all enforcing agencies have signed up details the principles of good enforcement including the following:
- Clear advice and information services
- Commitment to proportionate enforcement
- Commitment to fair, equitable and consistent enforcement
- Published enforcement policies
- Courteous and helpful service
- Published how to complaints procedures
No matter how much advice and guidance is given, there are occasions when the enforcers have no other option than to use their enforcement powers which could ultimately lead to legal action through the courts. This is not a decision that is taken lightly but it can often have a positive local affect due to the inevitable publicity.
It is essential that FRS strike a balance between completing activities in the form of audit/inspection and ‘compliance events'. FRS have limited resources dedicated to fire protection activities and so in deciding where to audit a number of factors are considered. The main one being the government's National Framework document on developing a risk based inspection programme, known as Integrated Risk Management Plan note no.4. This guides FRS to inspect those premises that present a high societal risk, such as hospitals, hotels and residential care homes prior to inspecting premises such as offices and shops, although, of course, limited sampling of these premises should take place.
The FSO is still in its infancy compared to previous legislation and many lessons have been learned and will continue to be the case. FRS and those that have to comply with the FSO must work together to achieve the same aim, safe premises for people to live, work and resort, while at the same time allowing business to thrive, and in doing so, contributing to the economy of the UK.
Original article by Tom Welland
