Q1 a)
Under the Regulatory Reform Act 2001 the regulatory reform (fire safety) order 2005 was issued. It replaces most fire safety legislation with one simple order. It means that any person who has some level of control in premises must take reasonable steps to reduce the risk from fire and make sure people can safely escape the premises if there is a fire.
Q1 b)
The three exceptions from the regulatory reform (fire safety) order 2005 are:
A) An offshore installation as defined in regulation 3 of the Offshore Installation and Pipeline Works (Management and Administration) Regulations 1995
(B) An aircraft, train or track vehicle, trailer used as a means of transport as defined under the Vehicle Excise and Registration Act 1994
(C) A mine as defined in section 180 of the Mines and Quarries Act 1954
Q1 (c)
The five enforcing authorities responsible for enforcing the fire safety order are:
1. Fire Safety Enforcement Officers from the local Fire and Rescue Service will enforce the order in most premises such as shops, hotels, hospital, flats. Offices, care homes, sleeping accommodation etc. with exception of any premises that falls within the scope of the following enforcing authorities:
2. Crown fire inspectors will enforce crown occupied premises such as courts and government buildings.
3. Premises within armed forces establishments where the defence fire and rescue service will enforce premises within armed forces establishments with the exception of 5. (ii)
4. Sports grounds and stands will be enforced by the local authority.
5. The Health and Safety Executive (HSE) are the Enforcing Authority for the following premises.
• (i) A premises licensed under section 1 of the Nuclear Installations Act 1965 (except Crown)
• (ii) A royal Navy ship under repair, construction, conversion by any person other than the master or crew of that ship.
• (iii) A construction site/ Building under reconstruction as a whole.
1 (d)
The fire safety order applies to residential block of flats in common parts (i.e. the shared areas including shared stairways, landings, lobbies, plant rooms, laundry rooms, offices and staff rooms, kitchens, bathrooms etc.) of dwelling buildings containing in bedsits and flats both converted and purpose built.
If a flat is occupied as bedsits there are two sets of common parts within the building. The first is the shared access route to the flat front door and other is the shared areas within the flat e.g. hallway, shared kitchen, bathroom etc. Both areas would fall under the order it does not apply to inside the flats or rooms themselves.
Q1 (e)
The responsibility will lie with the responsible person for the common parts of the building or shared equipment such as fire-warning systems or sprinklers this is either the freeholder, landlord, managing agent, owner or local authority (if social housing) who has responsibility for that part of the premises.
Q2 (a)
The duties placed on the responsible person under article 13 are
That the premise are equipped with appropriate fire fighting equipment with fire detectors and alarms also any non-automatic fire-fighting equipment so provided is easily accessible, simple to use and indicated by signs.
To ensure there are aware of 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.
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;
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
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.
The duties placed on the responsible person under article 14 are
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.Ensure emergency routes and exits lead directly to a place of safety
in the event of a fire, it must be possible for persons to evacuate the premises as quickly
and as safely as possible
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
12
(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.
The duties placed on the responsible person under article 17 are
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.
Q2 (b)
The Dangerous Substances and Explosive Atmospheres Regulations 2002 over laps with the requirements of article 12 of the RRO
Q2 (c)
i) He needs to appoint a competent person who has sufficient training, knowledge and experience, preferable part of a 3rd party Professional Body Registration schemes or Certification by a Certification Body that is UKAS accredited for the activity to assist with completion with the necessary duties
ii) Be satisfied that the fire risk assessor providing this service is competent to do so. A check would need to be completed to those providing this service to ensure they have independent registration with, or certification from, a professional or certification body and that they meet the competency criteria established by the Fire Risk Assessment Competency Council.
Other conditions may be checked to ensure competencies are met:
• Check that they have experience of undertaking fire risk assessments for the kind of business and premises
• Request references from previous clients in premises of the same type; ask these clients if they were satisfied and if any problems were later identified
• Ensure that the responsible person provides the assessor with access to all areas of the premises and with all relevant information to complete the risk assessment
• Ask for proof that they have sufficient professional indemnity insurance, public liability insurance and assure yourself that the fire risk assessor is impartial and you have access to a complaints procedure if necessary
• review any necessary training certificates or academic qualifications certificates
(iii) Although the employer and/or owner will remain responsible under the order, any risk assessor instructed to provide a risk assessment will also have a responsibility to ensure that any risk assessment conducted is suitable and sufficient. The scope of the survey involved in a fire risk assessment would include the following particular aspects of fire safety:
• Fire loss experience.
• Fire hazards.
• Fire prevention.
• Storage and handling of flammable liquids and gases.
• Housekeeping.
• Means of escape.
• Compartmentation.
• Flammability of linings.
• Emergency escape lighting.
• Fire safety signs and notices.
• Fire detection and fire alarm systems.
• Fire extinguishing systems and appliances.
• Smoke control systems.
• Facilities for use by the fire and rescue service.
• Arrangements for management of fire safety.
• Fire procedures.
• Training and drills.
• Testing and maintenance.
• Records.
Q3 (i)
The Regulatory Reform (Fire Safety) Order 2005 does not apply to individual flats, but does apply to the common parts of the block. It also applies to workplaces within a block of flats. I.e. these can include a room used by a Caretaker or concierge, a plant room or commercial premises.
Q3 (ii)
The responsible persons will depend upon the terms of the contract with the building owner. The Fire Safety Order applies to any person who has, to any extent, control of premises.
In multi-occupied buildings the manginf agebt may have a responsibility to prepare, on the owner’s behalf, a fire risk assessment in respect of common parts of the building. Any such risk assessment must be coordinated with those of the occupiers. Managing agents will normally be either a responsible person or another person having control of the premises. The same responsibilities and duties are imposed on them Person having control of premises includes a person who, by virtue of a ontract or tenancy, has anobligation of any extent in relation to Maintenance or repair of premises Maintenance or repair of anything in or on the
Premises The safety of the premises anaging agent in each case. Take reasonable steps to reduce risk from fire
– Make sure anyone in the property can safely escape if a fire occurs.
Q3 (iii)
The Regulatory Reform (Fire Safety) Order 2005 gives rights to a fire safety inspection to attend and carry out inspections or enforcing all fire-safety legislation in non-domestic premises. So in the block of flats this will be all common areas such as stairwells, lobbies external areas, corridor leading to the flats and any common kitchen, lounge or space shared
Q3 (iv)
The fire safety inspector can enter premises for inspection at any reasonable time or at any time if there is a reason to believe there are dangerous activities or dangerous conditions within the premises.
Q3 B
i)
1. Enforcement Notice – This is issued when certain improvements are required where a time scale is stipulated.
2. Prohibition Notice – This is issued to restrict the use of all or part of the premises until improvements are completed.
3. Alterations Notice- This is issued if the premises poses or are likely to pose a serious risk to persons which obliges the recipient to inform the enforcing authority before making any changes to the premises.
Q4
(a) The Building Regulations 2010 (as amended 2016) relates to new and altered premises.
(b) The Building Act of 1984 is the act of parliament under which the secretary of state for the environment made the regulation.
(c) The Building Regulations 2010 (as amended 2013) approved document B volume 2 is the guidance document which deals exclusively with matters relation to fire safety in buildings other than dwelling houses
(d) The five functional requirements of the regulation are:
1. Means of warning and escape
2. Internal fire spread (linings)
3. Internal fire spread (structure)
4. External fire spread
5. Access and facilities for the fire services
(e)
Q5
(a)The former regulations for low flashpoint liquids and butane/propane that were revoked were The Highly Flammable Liquids and Liquefied Petroleum Gases Regulations 1972 and the Abstract of Special Regulations (Highly Flammable Liquids and Liquefied Petroleum Gases) Order 1974 and section 31 of the Factories Act 1961
(b) the xxxxxxx act of pamtnent is
(c)
(d) Dangerous Substances and Explosive Atmospheres Regulations 2002. Approved Code of Practice and guidance L138 is the guidance in the DESAR regulation which can decide
(e) Employers must classify areas where hazardous explosive atmospheres may occur into zones. The classification given to a particular zone, and its size and location, depends on the likelihood of an explosive atmosphere occurring and its serenity if it does.
Schedule 2 of DSEAR contains descriptions of the various classifications of zones for gases and vapours and for dusts.
For gases, vapours and mists the zone classifications are:
Zone 0 A place or envirment in which an explosive atmosphere comprising of a mixture with air of dangerous substances in the form of gas, vapour or mist is present constantly or for long periods of time
.
Zone 1 A place in which an explosive atmosphere comprising of a mixture with air of dangerous substances in the form of gas, vapour or mist is likely to occur in normal operation occasionally.
Zone 2 A place in which an explosive atmosphere consisting of a mixture with air of dangerous substances in the form of gas, vapour or mist is not likely to occur in normal operation but, if it does occur, will persist for a short period only.
F
Areas used directly for and during the medical treatment of patients
62 Only specific areas where medical treatment takes place such as treatment rooms and operating theatres are excluded. Other areas in hospitals or surgeries where treatment does not take place, such as waiting rooms, corridors, boiler rooms, laundries, fitters’ workshops, and treatment areas closed for repairs or refurbishment, are not excluded
The use of gas appliances burning gaseous fuels
63 Appliances excluded from DSEAR are those which burn gaseous fuels used for cooking, heating, water heating, refrigeration, lighting and washing with, where applicable, a normal water temperature not exceeding 105 °C. Appliances designed for use in industrial processes on industrial premises and appliances that heat water to a temperature greater than 105 °C are covered by DSEAR. Points to note:
(a) ‘Gaseous fuels’ means any fuel which is a gas at a temperature of 15 °C and a pressure of 1 bar (normal atmospheric pressure).
(b) ‘Use of appliances’ does not include installation and maintenance.
(c) The pipework supplying an appliance is not included in the term ‘use of the appliance’ although the section between (and adjacent to) the appliance and the isolation valve may be.
(d) The use of gas appliances is covered by the Gas Appliances (Safety) Regulations 1995 (SI 1995/1629).
Mineral extracting industries
do not apply to activities at mines (within the
meaning of the Mines and Quarries Act 1954), quarries (within the meaning of the
Quarries Regulations 1999 or borehole sites (Borehole Sites and
Operations Regulations 1995 where these are carried out for the
specific purpose of the extraction. Activities at an offshore installation carried out for
the purposes of the installation are also excluded from these regulations.
70 Specifically the requirements for visual or audible warnings
and escape facilities in emergencies
also do not apply to activities at offshore installations because similar
requirements exist in other specific offshore legislation.