The Regulatory Reform (Fire Safety) Order 2005 imposes requirements on the ‘Responsible Person’ to take such general fire precautions as will ensure, so far as is reasonably practicable the safety from fire of any of their employees or other relevant persons.
The principal requirement is to make a suitable and sufficient assessment of the risks to which relevant persons are exposed.
A relevant person is any person (including the responsible person) who is or may be lawfully on the premises, including any person in the immediate vicinity of the premises who may be at risk from a fire on the premises.
The main duty-holder is the ‘Responsible Person’. The duties imposed on the responsible person cannot be delegated but are extended to every person, who has to any extent, control of those premises, so far as the requirements relate to the matters within his control. If a third party is appointed to carry out the fire risk assessment it is expected that the responsible person will exercise the principles of due diligence in choosing such a contractor.
It is a requirement that the fire risk assessment is reviewed by the responsible person periodically so that it is up to date; particularly if there is reason to suspect that it is no longer valid.
It is recommended that a review is carried out at least once per year or if/where significant changes or material alterations have been made.
Fire Safety during COVID-19
To help businesses during the COVID-19 pandemic and during the easing of the nationwide lockdown, Surrey Fire and Rescue Service (SFRS) suggests the following should be considered as a priority. This guidance is only valid for the duration of the current situation after which it should be disregarded.
Fire risk assessments
The Fire Safety Order (2005) remains current during the COVID-19 pandemic and operating businesses should ensure they are complying. As always, we want to engage with businesses as early as possible to offer advice to avoid the need for more formal enforcement action later. The approach undertaken by SFRS to assist businesses is now a risk-based approach.
Whether your premises has remained open, closed, or is starting to plan to reopen, all are experiencing changes in risk. Therefore fire risk assessments should be reviewed accordingly, to ensure they are suitable and sufficient. Responsible persons should always be reminded to seek advice from a competent fire risk assessor where doubt exists.
It may also be advisable for the responsible person to consult with their insurers when considering risk assessment and mitigation. It should be noted that the insurer's role is not to determine compliance with the Fire Safety Order.
Premises about to re-open
With some premises starting to re-open and operate again in accordance with the government's latest guidance on working safely, fire safety should be considered.
Reviewing and updating your fire risk assessment. Where staffing and occupant levels have changed this may affect evacuation arrangements in event of fire. Also, where parts of the premises are not being used or are being used differently due to rearrangement of layouts, this may affect the means of escape
Social distancing control measures should not adversely affect fire safety measures, including obstructing the means of escape, fire escape signage, fire detection and alarm systems, sprinkler or suppressions systems
If a one-way system or process is introduced to control the flow of occupants, its impact on the means of escape must be assessed to ensure occupants have a suitable means of escape in event of fire, and specifically that they do not have to travel excessive distances
Ensuring any changes impacting the exterior of any premises such as temporary structures or queuing systems do not obstruct means of escape or compromise assembly points. If the existing means of escape or assembly point is compromised, alternative suitable arrangements should be in place in accordance with the revised fire risk assessment. If unsure, seek advice from your competent fire risk assessor
Ensuring means of escape are easily available as they may not have been used for some time or where an escape route is shared, and other premises remain closed
Reviewing measures implemented to increase security and reduce the risk of arson whilst the premises have not been used, as these may have adversely affected fire safety measures
Reviewing storage and stock levels such as the amount and positioning of stock
Where fire safety measures have not been maintained such as automatic fire alarm and detection systems or automatic fire suppression systems and have not received their routine servicing or testing.
If staff training hasn't not been undertaken for some time, new staff have started, or fire safety measures have been altered then staff should be provided with appropriate fire safety training.
Although many premises are closed during the lockdown period, it is important that the following is considered:
Risk of arson - securing premises is important to reduce the risk of arson. This includes removing any external sources of fuel or ignition which could cause fire spread. Ensuring gates and fences are closed and locked as well as having working CCTV, security systems and external lighting may help to prevent the anti-social behaviour which can lead to arson
Shared means of escape - securing a premises should not affect the means of escape from other premises which are still open, from residential buildings or where wayleave agreements are in place
Maintaining fire safety measures - internal fire protection measures such as fire doors should be kept closed and in good order as these provide vital protection in the event of fire
The maintenance and testing of the fire detection and alarm system should be continued where it is possible and safe to do so. This should be prioritised based on the risks identified by the responsible person and their contractors
Where the fire detection and alarm system serve multiple premises (some of which may still be operating) it should be ensured that the system still provides the required level of cover to all areas. Arrangements should also be put in place to access closed areas of the building if maintenance is required.
Scaling the risk
Premises which remain open are likely to experience a surge in demand. The following should be considered:
It is essential that fire risk assessments are undertaken or reviewed where there are significant changes in ways of working or processes. This may include more materials, storage requirements, or higher quantities of finished product being on site than would normally be the case. Also where parts of the premises being closed, the fire risk assessment should determine the level of risk resulting from the changes and any mitigation measures which may include more frequent deliveries and collections or the use of other sites to provide storage
Where staff numbers have been increased, premises must ensure that they continue to provide appropriate staff training. This is sometimes overlooked where employees of the same company come to work at a different site. Responsible persons should be able to show that all personnel are aware of what to do in case of fire. They should also test their emergency procedures, particularly after staff numbers increase
Reductions in staff due to sickness and self-isolation is to be expected. While the numbers of those who are absent will be bolstered by those returning to work, in the short-term, premises should ensure that their fire risk assessment reflects the added risk of such reductions. Issues may include having insufficient staff available to carry out processes safely, increasing the risk of fire. Similarly, a reduction in staff may result in employees not being able to successfully carry out evacuations and emergency procedures such as in-house fire response or fire warden duties.
Premises may employ people who are classed as vulnerable, or those who are vulnerable may be in their care. The effects of the virus on working practices and available staff may negatively affect the ability of vulnerable persons to escape in the event of fire.
Employers should continue to undertake and review their Personal Emergency Evacuation Plans for their staff. This is particularly crucial in the care industry where residents may rely on staff to instigate evacuation measures. In any case, procedures should be reviewed so that they accurately reflect the staff available. Such reviews must carefully weigh the risks from fire and the ability of such businesses to operate safely.
Alterations to buildings
While the use of buildings for medical purposes is underway across the country, this normally refers to field hospitals or expansion within the existing NHS estate.
Other alterations such as wedging fire doors open to reduce the need to touch door handles or sealing fire doors in order to prevent air movement between sections of a building could affect fire safety measures to provide protection from fire and access to means of escape. Similarly, premises may have undertaken other measures, such as partitioning or simply locking of doors that may compromise a building's existing fire strategy.
Some premises may also have been repurposed to undertake other work. An example would be a warehouse which previously had a very small risk and few staff, now undertaking essential work to provide manufacture of medical items or the packing of food parcels. This may have happened within a short timeframe and it is unlikely that fire safety will have been a primary consideration. Such actions may increase the risk due to the type of work being carried out, the number of staff present, and any material works that may be necessary to allow the building to facilitate its task.
In all cases, a review of the fire risk assessment should be undertaken to determine the effect on risk and the mitigation measures that may need to be taken. In addition, the current pandemic does not remove any requirements under building regulations to ensure that alterations meet the functional requirements.