Fire Safety Measures Required by the Regulatory Reform FIRE precautionary measures by benbenzhou

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									           Fire Service Safety Partnership

Fire Safety Measures Required by the Regulatory
Reform (Fire Safety) Order 2005
INTRODUCTION.
The Order is the only piece of primary fire safety legislation in England and Wales. It has
consolidated all existing fire related enactments and repealed or revoked others. It consists of
five parts:
      General introduction
      Fire safety duties
      Enforcement
      Offences and Appeals
      Miscellaneous related matters

The Order comprises a total of 52 Articles and five schedules. It is applicable to all
workplaces and non-domestic premises. There are a limited number of exceptions, most
notable of which is the exception of domestic premises. Article 6 refers. In all cases the
person who to any extent has control of the premises or part of it, is deemed to be the
‘responsible person’, Articles 3 and 8 refers. There may be more than one responsible person
in a premise. Where a premise is a workplace the employer and or designated managers are
or maybe the responsible person, Article 32 refers. Any other person who has ‘some control’
over the premises could be deemed to be the responsible person. Responsibility may extend
to occupiers, tenants, employees, contractors, and competent persons but only to the extent
that relates to the degree of control they have and in accordance with specific duties detailed
in the Order. Articles 5 and 23 refer. In all cases the responsibility is to ensure the safety of
‘relevant persons’. These are persons who may lawfully be in, or on the premises, Article 2
refers. Fire safety must be achieved by preventive and protective means, i.e. both before and
during a potential fire event. These measures are to be provided on a’ where necessary’ and
to an extent that is ‘appropriate’ basis. Where measures are put in place for relevant persons
that are not employees the measure must be ‘reasonable in the circumstances of the case’.

This note considers the provisions in relation to fire safety duties and the preparation of an
emergency fire plan.

FIRE RISK ASSESSMENT (FRA)
The Order requires the ‘responsible person’ to undertake a ‘Fire Risk Assessment’ (FRA) in
relation to ‘relevant persons’ and the ‘general fire precautions’ required to protect them,
Articles 9, 10 and 11 refer. The extent, in terms of ‘appropriateness’, and ‘where necessary’,
or for non-employees the ‘reasonableness’, and specification of the precautions will be
determined by the findings of the assessment. An FRA must always be conducted and its
findings circulated to those potentially affected by the risk, informing them of the hazards
involved and the preventive and protective measures implemented. The FRA must be
formally recorded where there are five or more employees and where there is a license or
Alteration notice in operation on the premises. There must be a specific FRA where
dangerous substances are present, Article 12 refers, and where young people or persons
especially at risk, are present in the premises.

FIRE ALARM
The Order requires the responsible person to provide General Fire Precautions, Articles 4 and
11 refer. Part of those precautions must be the provision of a means of detecting a fire and
raising the alarm, Article 13 refers. The FRA will establish the extent and specification.
Articles 9, 10 and 11refer. It is recommended that British or European standards for fire alarm
and detection systems are complied with. All safety equipment and devices installed in the
premises must be suitably maintained in good repair and working order to ensure efficiency.
Article 17 refers.
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FIRE DOORS
The Order requires that the responsible person must provide General Fire Precautions. Part
of these precautions is the provision of adequate emergency routes and exits, and reduction
in fire spread. Articles 4, 11 and 14 refer. The means of escape must be available at all
material times, i.e. when the premise is occupied. To ensure that escape routes are available
at all times, even in the event of a fire, there must be adequate fire resisting barriers in place
to protect them. Fire resisting walls and floors are to be strategically located in the premises
to ensure the integrity of the escape routes and exit doors during a fire. Any doors or windows
opening on to the escape routes or associated structures will have to be, by definition, fire
resisting to appropriate standards. The FRA will determine where fire resistance should be
placed and the standard it should achieve. Articles 9, 10 and 11 refer. It is recommended that
British or European standards for fire resistance be complied with. All equipment and devices
relating to premises facilities must be suitably maintained in good repair and working order to
ensure efficiency. Article 17 refers.

FIRE EXIT DOORS
The Order requires that the responsible person must ensure that general fire precautions are
provided. Articles 4 and 11 refer. Part of these precautions is the provision of adequate
emergency routes and exits. Article 14 refers. Whenever the premise is occupied means of
escape facilities must be available. This is termed as being a ‘material time’. The FRA will
determine the number and specification of escape routes and exits in addition to specific
provisions of the Order. Articles 9, 10 and 11 refer. In most cases it is recommended that fire
exit door fastenings conform to British or European standards. Equipment and devices
relating to the premises facilities must be suitably maintained in good repair and working
order to ensure efficiency. Article 17 refers.

FIRE EXIT SIGNS
The Order requires that the responsible person must ensure that general fire precautions are
provided. Articles 4 and 11 refer. This will include the provision of signs to indicate the
locations of escape routes and fire exits. Article 14 refers. The signs must conform to the
Health and Safety (Safety Signs and Signals) Regulations 1996.The FRA will determine the
number and location of the signs. Articles 9, 10 and 11 refer. Any equipment, devices relating
to the premises and its facilities must be suitably maintained in good repair and working order
to ensure efficiency. Article 17 refers.

FIRE ACTION NOTICES
The Order requires the responsible person to establish procedures to safeguard against
serious and imminent danger such as would arise in the event of a fire. It also requires that
relevant persons be informed of fire hazards and the steps that have been taken to avoid
them. Article 15 refers. The fire action notices that detail the fire procedure should be
displayed adjacent to fire alarm call points and on notice boards. Where persons are
employees they must be given comprehensible and relevant information, preferably in writing,
in respect of fire safety, including emergency procedures. Article 19 refers. Fire procedure
information should form part of periodic fire training sessions. Article 21 refers. Where
dangerous substances are present information relating to them must be displayed at the
premises. Article 16 refers. The FRA will determine the number, content and location of the
notices. Articles 9, 10and 11 refer. Equipment, devices, premises and facilities must be
suitably maintained in good repair and working order to ensure efficiency. Article 17 refers.

FIRE RESISTANCE
Fire resistance will be necessary to protect the fire integrity of escape routes and exits from a
fire occurring anywhere in a premises and in particular areas of high fire risk. For most
circumstances fire resistance will have to be at least 30minutes.This may be increased
according to the perceived risk present. The Order requires that the means of escape is
secured at all material times, therefore the amount of fire resistance in place should reflect
this. Articles 4 and 14 refer. The responsible person must implement fire safety arrangements
in respect of control of fire. Article 11 refers. One of the most effective ways of controlling fire
spread is to divide the premises into fire resisting compartments by means of fire resisting
construction. Where dangerous substances are present it may be crucial to separate them
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from the rest of the premises by introducing a fire resisting structure to mitigate the effects of
a fire. Article 16 refers. The FRA will determine the location and standard of fire resistance.
Articles 9, 10 and 11 refer. Equipment, devices, premises and facilities must be suitably
maintained in good repair and working order to ensure efficiency. Article 17 refers.

TRAVEL DISTANCE
The responsible person must ensure that relevant persons have been provided with
appropriate means of escape in relation to the structural or other features of the premises.
The means of escape may be affected by activities and hazards within the premises. The
FRA must evaluate these issues and provide suitable solutions. Article 4, 9, 10, 11 refer.
Generally escape route travel distances must be kept as short as possible this is particularly
important where high fire risk activities or dangerous substances are present. Articles 14 and
16 refer.

EMERGENCY LIGHTING
The responsible person must ensure that the general fire precautions provided in or on a
premise protects relevant persons within it. Fire precautions that require manipulation or
interaction from the relevant person, such as exit door fastening, fire extinguishers or fire
alarm call points must be visible at all material times and therefore they may need to
illuminated when light levels fall. Articles 4 and 11 refer. The FRA will determine the coverage
and specification of emergency lighting. Articles 9, 10 and 11 refer. The means of escape in
particular must be provided with suitable light levels to ensure they may be used quickly and
safely in an emergency. Article 14 refers. In most cases emergency lighting should take the
form of strategically placed multiple units with a trickle mains charging facility, conforming to
British or European standards. Equipment, devices and facilities within the premises must be
suitably maintained in good repair and working order. Article 17 refers.

FIRE EXTINGUISHERS
The Order requires that the responsible person must provide General Fire Precautions,
Articles 4 and 11 refer. Part of those precautions must be the provision of a means of fighting
fire. The scale and specification of fire fighting equipment will be determined by the FRA,
which should take into account the dimensions and use of the premises, including the number
of persons, type of equipment and nature of substances present. Articles 9, 10, 11and 13
refer. In most cases fire-fighting equipment should take the form of portable fire extinguishers
that conform to British or European standards. Equipment, devices and facilities within the
premises must be suitably maintained in good repair and working order. Article 17 refers.

FIRE TRAINING
The Order requires that the responsible person must ensure that all staff/personnel receive
adequate fire training in relation to risks, actions to be taken and the precautions provided.
This includes the findings of the FRA, their role in the fire procedure, fire prevention
instructions and correct operation of fire safety equipment. Staff must have training when first
employed or when their services were first engaged; subsequent training must be periodically
as appropriate and in accordance with the findings of the FRA and upon exposure to new or
increased risk. Articles 9, 10, 11 and 21 refer. A ‘Competent person’ designated by the
responsible person may give the training. Article 13 refers. Additional and specific training
must be given in relation to relevant persons exposed to dangerous substances. Article 16
refers.

FIRE DRILLS
The Order requires that the responsible person must establish and put into effect safety drills
to ensure that all personnel have the opportunity to practice safety procedures. Article 15
refers. There must be a sufficient number of competent persons trained to ensure that the fire
procedure is operated correctly and that the evacuation of premises is undertaken quickly and
safely. The FRA, the size of the premises and risks within it, will determine the number of
competent persons required and facilities given to them. Articles 9, 10, 11 and 18 refer.
Employees/personnel must co-operate with the responsible person to ensure that all safety
arrangements required by the Order are complied with. Article 23 refers. The responsible
person must, as far as possible, co-operate and co-ordinate safety arrangements in respect of
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safety arrangements of other responsible persons sharing the same premises. Article 22
refers.

FIRE MARSHALS AND ACCOUNTING FOR PERSONNEL
The Order requires that the responsible person must establish and put into effect appropriate
fire safety procedures. The procedures should be practiced by means of fire safety drills.
Article 15 refers. There must be a sufficient number of competent persons trained as fire
marshals to ensure that the fire procedure is followed correctly and that the evacuation of
premises is undertaken quickly and safely. The procedures implemented must protect
relevant persons from serious and imminent danger resulting from fire in all circumstances.
They must specifically give instruction on the action taken by competent persons and other
personnel in the event of fire and how the effects of fire can be mitigated. Articles 4 and 11
refer. Specific safety procedures must be formulated in respect of dangerous substances.
Article 16 refers. The FRA will determine the detail of the procedures. Articles 9, 10, 11and 12
refer.

VISITORS
The responsible person must ensure that general fire precautions; protective and preventive
measures; safety procedures and a risk assessment regime are provided in respect of the
premise they control. Articles 4, 9, 10 and 11 refer. This applies to any premises whether it is
a workplace or a non-domestic premise. Any persons, including visitors, affected by the
activities carried out in premises are deemed to be relevant persons, provided they are
occupying the premises lawfully. Article 2 refers.

CONTRACTORS
The responsible person must ensure that general fire precautions; protective and preventive
measures; safety procedures and a risk assessment regime are provided in respect of the
premise they control. Articles 4, 9, 10 and 11 refer. This applies to any premises whether it is
a workplace or a non-domestic premise. Any persons, including contractors, affected by the
activities carried out in premises are deemed to be relevant persons and must be given
information on risks and protective, preventive measures. Articles 2 and 20 refer. Article 38
extends this status to fire fighters. Contractors have similar responsibilities under the Order
and under health and safety legislation, in respect of their activities and the risks that they
present to clients and other potentially affected persons. A specific FRA should evaluate the
impact of contractor activity on fire safety within the premises.

DISABLED PEOPLE
The responsible person must ensure that general fire precautions; protective and preventive
measures; safety procedures and a risk assessment regime are provided in respect of the
premise they control. Articles 4, 9, 10 and 11 refer. This applies to any premises whether it is
a workplace or a non-domestic premise. Any persons affected by the activities carried out in
premises are deemed to be relevant persons. Article 2 refers. Disabled occupants must be
given adequate effective facilities that will ensure their safety in the event of a fire. This is
supported by disability discrimination legislation. The FRA will determine who is at risk and
the extent of the emergency facilities provided.

CALLING THE FIRE SERVICE
The Order requires that the responsible person must establish and put into effect appropriate
fire safety procedures. Article 15 refers. A competent person should be designated as the
person who calls the fire service in the event of a fire. Articles 11 and 18 refer.

ASSEMBLY POINT
The Order requires that the responsible person must establish and put into effect appropriate
fire safety procedures. Article 15 refers. A suitable, safe assembly point for personnel, in the
event of a fire, should be designated and detailed within the emergency procedure. Article 11
refers. This facilitates management of the evacuation and helps provide for persons to be
accounted for.


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HIGHLY FLAMMABLE OR EXPLOSIVE MATERIALS
Substances or materials that are highly flammable or explosive are deemed to be ‘dangerous
substances’. The Order requires the responsible person to ensure that relevant persons are
safe in the event of a fire, accident, incident or emergency involving dangerous substances;
including substances with pyrophoric or oxidisation properties. Article 16 refers. The FRA
must specifically evaluate risks associated with dangerous substances and put in place
appropriate safety arrangements and precautionary measures. Articles 11 and 12 refer.

HAZARDS TO FIRE FIGHTERS
The Order requires that the responsible person must establish and put into effect appropriate
fire safety procedures. Article 15 refers. Part of those procedures should be arrangements to
ensure that the hazards to fire fighters attending an incident at the premises are mitigated.
Information on risks and protective, preventive measures must be given to the fire service.
Article 20 refers. Where high voltage equipment is installed its management and specification
must conform to Article 37 of the order. All measures relating to the premises, facilities,
equipment and devices that have been provided for the safety of fire fighters must be
maintained in an efficient state, in working order and in good repair. Articles 17 and 38 refer.
The FRA will determine the hazards to fire fighters and the risk they present. Articles 9, 10
and 11 refer.

INFORMATION FOR THE FIRE SERVICE
The Order requires that the responsible person must establish and put into effect appropriate
fire safety procedures. Article 15 refers. Part of these procedures must be liaison with
emergency services. Information on risks and protective, preventive measures must be given
to the fire service including relevant information on dangerous substances. Articles 11, 13, 16
and 20 refer.

POST FIRE CONTIGENCY
As long as a premise affects or is occupied by relevant persons the Order will continue to
apply, including after a fire has occurred. Safety arrangements must be adequately
maintained at all times particularly where dangerous substances are involved. Article 16
refers. Managers of premises should consider not only how a safe environment will to be
secured after a fire has occurred but also how the business or activity will be able to function
on a practical and or commercial basis after a fire. This will require a post fire contingency
plan to be formulated.

 EFAT 2008

LIST OF ARTICLES AND SCHEDULES:
    PART 1 GENERAL
    1. Citation, commencement and extent
    2. Interpretation
    3. Meaning of ‘responsible person’
    4. Meaning of ‘general fire precautions’
    5. Duties under the Order
    6. Application to premises
    7. Disapplication of certain provisions

    PART 2 FIRE SAFETY DUTIES
    8. Duty to take general fire precautions
    9. Risk assessment
    10. Principles of prevention to be applied
    11. Fire safety arrangements
    12. Elimination or reduction of risks from dangerous substances
    13. Fire-fighting and fire detection
    14. Emergency exits and routes
    15. Procedures for serious and imminent danger and for danger areas
    16. Additional emergency measures in respect of dangerous substances

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    17.   Maintenance
    18.   Safety assistance
    19.   Provision of information to employees
    20.   Provision of information to employers and self employed from outside undertakings
    21.   Capabilities and training
    22.   Co-operation and co-ordination
    23.   General duties of employees at work
    24.   Power to make regulations about fire precautions

    PART 3 ENFORCEMENT
    25. Enforcing Authorities
    26. Enforcement of Order
    27. Powers of inspectors
    28. Exercise on behalf of fire inspectors of their powers by officers of fire brigades
    29. Alteration notices
    30. Enforcement notices
    31. Prohibition notices

    PART 4 OFFENCES AND APPEALS
    32. Offences
    33. Defence
    34. Onus of proving limits of what is reasonably practicable
    35. Appeals
    36. Determination of disputes by secretary of State

    PART 5 MISCELLANEIOUS
    37. Fire-fighter’s switches for luminous tube signs etc
    38. Maintenance of measures provided for protection of fire-fighters
    39. Civil liability for breach of statutory duty
    40. Duty not to charge employees for things done or provided
    41. Duty to consult employees
    42. Special provisions in respect of licensed etc. premises
    43. Suspension of terms and conditions of licenses dealing with same matters as the
        Order
    44. Suspension of byelaws dealing with the same matters as this Order
    45. Duty to consult enforcing Authority before passing plans
    46. Other consultation by Authorities
    47. Disapplication of the Health and Safety at Work etc. Act1974 in relation to general fire
        safety precautions
    48. Service of notices etc.
    49. Application to the Crown and to the Houses of Parliament
    50. Application to visiting forces
    51. Subordinate provisions
    52. Repeals, revocations, amendments and transitional provisions

SCHEDULE 1
Matters for consideration in respect of: fire risk assessment, fire prevention and dangerous
substances.
SCHEDULE 2
Amendments to primary legislation
SCHEDULE 3
Amendments to subordinate legislation
SCHEDULE 4
Repeals
SCHEDULE 5
Revocations

CLG Website:
www.communities.gov.uk

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