Reform aims to increase compliance & prevention: proposed legislation signals a seismic shift in responsibility

Fire does not traditionally find itself high up on the public agenda. But times change and fire safety now carries a much higher profile. This is largely due to the Government’s policy on improving levels of community fire safety by streamlining the organisation and operation of the fire and rescue service, together with better risk management and stronger direction through legislation. The focus is now on responsibilities, duties of care, best practice and minimising risks.

One of the most significant changes comes from new legislation. This is the Regulatory Reform (Fire Safety) Order 2004, known as the RRO, which is planned to come into force, subject to Parliamentary approval, towards the end of 2005. The RRO introduces fundamental change.

The RRO is not a case of just tinkering around the edges. The objective is to simplify and consolidate existing legislation, to increase compliance, and to focus fire brigade resources on fire prevention, particularly on those premises that present the greatest risk. One of the consequences, for example, is that there will no longer be a requirement for fire certificates, as currently required for certain building types under the Fire Precautions Act 1971.

Under the RRO, responsibility for providing fire safety is transferred from the fire authority squarely on to the shoulders of individuals – that is employers, business proprietors, and building owners who are referred to under the RRO as ‘the responsible persons’. The local fire authority will have a duty to carry out inspections and will have enforcement powers. Under the new proposals, contractors engaged in repair and maintenance work also have a recognised fire safety responsibility in law. Notification is required of changes to the premises, or change in use, which result in a significantly increased fire risk. The transfer of responsibility provided in the new provision comes with the full sanction of the law: those found guilty of an offence under the order could be subject to fines or imprisonment up to a maximum of two years. There is also provision within the legislation to serve a prohibition notice on the building in question, restricting or preventing its use.

Consequences

What consequences might be expected from the introduction of the RRO?

It will clearly be in the interests of the responsible person to know that the latest best practice has, in fact, been followed since the burden of proof rests with the responsible person in case of a challenge from the enforcing authority. Increased personal responsibility requires a much greater awareness of the fire protection systems and materials built into the construction of the premises – where they are located, their specification and operation in case of fire. It is also to be expected that the responsible person will want to know, and be sure, that the measures in place are high quality and reliable in a fire. It may well be a question of limiting their personal liability.

It may be necessary to demonstrate that sufficient and proper fire precautions have indeed been taken, and that an appropriate risk assessment of the premises has been satisfactorily carried out. As a result, there is expected to be a stronger move towards third party accreditation for installers, to provide the level of confidence required in the systems installed. And any refurbishment work or repairs will have to be carried out by knowledgeable individuals who can demonstrate the necessary level of competence. Fire professionals, led by the Chief Fire Officers Association (CFOA), are already calling for the introduction of third party certification schemes. The call has also been taken up by leading insurers.

In addition, the RRO will encourage a focus on all fire safety precautions. This means that fire protection products will increasingly be recognised as part of integrated systems, rather than as individual elements working in isolation, or just tacked on as an afterthought. It will not be sufficient to magically convert a standard door into a fire door by the simple expedient of sticking a fire exit notice on it. A fully approved fire door assembly will be necessary, with a properly approved construction and suitable door hardware, seals, and fire-resistant glazing.

Under the RRO, responsibility for providing fire safety is transferred from the fire authority squarely on to the shoulders of individuals

The risk management approach introduced through the Government’s community fire safety strategy encourages a focus on appropriate fire safety measures. Insurers will also pick up the same theme with an eye on property protection and reduced financial exposure, always mindful that Government objectives are limited simply to fire safety. They will be expected to consider more closely the practice of relying on insurance back-up as a substitute for adequate fire protection, with a reflection in premiums.

Fire glass implications

And what are the implications for fire-resistant glazing?

Fire-resistant glass is a typical example of the system thinking required in the provision of structural fire safety. The heart of best practice regarding fire-resistant glass is to recognise that the glass can only function exactly as intended if it is part of an approved fire-resistant glazed system, in which all the components are chosen for their compatibility under fire conditions. Those components include the glass together with the glazing seal, the beads, the frame material and frame design, and the fixings for both the beads and the frame. The fire-resistant glazed system must be tested and approved as a single entity. Change one component in isolation and the whole system may well fail to live up to expectations, and may not function at all as a barrier against fire, even if the glass itself is high performance. In particular, the fire-resistant glazed system must be installed as approved and specified. If any components require replacement then repairs must be carried out according to the original specification.

Mixing and matching between different fire-resistant systems is not recommended since performance may not necessarily be reliably predicted. Tested approvals apply to particular configurations, glazing sizes, and aspect ratios. In particular, what is achieved with one fire-resistant glass may not be achievable with another: the technical specifications and performance capabilities can be significantly different, as can the framing conditions. Unauthorised changes to approved systems are not allowed.

The implications of the RRO are potentially far-reaching. It forces a focus on individual responsibilities and duties regarding the provision of fire safety. The RRO will encourage the development and application of higher fire safety standards, together with a focus on the use of quality products with a guaranteed function in case of fire; and the responsibilities and obligations placed on the responsible person will influence a wider consideration of the benefits of installation by accredited companies. Above all, there are, in reality, a number of responsible persons in the chain for achieving acceptable levels of reliable fire safety, not just one. This is clearly understood by the fire prevention professionals whose lives may be at risk.

The introduction of the Regulatory Reform Order signals a seismic shift regarding individual responsibilities for fire safety and it emphasizes that fire safety is simply not a requirement resting solely on the shoulders of the fire and rescue service. Fire safety is a whole community issue. For that reason, 2005 promises to be a major milestone year.