NEWS // Fire Safety Regulations
A new fire safety regime was introduced in Scotland on 1st October 2006 under The Fire (Scotland) Act 2005. The regime affects the majority of commercial premises and some residential premises in Scotland. The new regime will involve a higher level of regulation along with supplementary measures to ensure compliance. It is important to be aware that non-compliance can attract financial and criminal sanctions.
Fire certificates have been abolished and the new regime is based on the principles of risk assessment and the obligation to take preventative steps to ensure the safety of relevant persons.
One of the main implications of the Act is the extent of people responsible for fire safety. All those with any responsibility by having a degree of control in the premises must undertake a Fire Safety Risk Assessment (“FSRA”) to the extent of that person’s control. For example each of the owner, employer, landlord, tenant or even contractor entering the premises may have a responsibility to ensure that the methods they are using minimise any potential risk of fire. If the enforcing authority (normally the local Fire and Rescue Service) is dissatisfied with the FSRA or the action taken, they have the power in extreme cases to restrict the use of all or part of the premises until improvements have been made and can even report the matter for prosecution.
The outcome of the FSRA needs to be considered and appropriate action taken. All those with control of a premises covered by the FSRA must co-operate and co-ordinate their efforts to maximise protection and minimise overlap.
Once the FRSA is in place, it is not simply forgotten about; the controllers must review the FSRA regularly and update the fire safety procedures if required.
So what does a FSRA consist of?
Identify people at Risk
Identify the Hazards
Evaluate the Risk
Record the FSRA Report
Review FSRA
Due to the consequences of non-compliance it is important to consider the implications of the new regime and who is responsible for compliance. You can find more information at www.infoscotland.com/firelaw
Whilst considering the implications of the new fire safety regulations it may also be worth briefly remembering the 2002 asbestos regulations which require any person in charge of a building (in the case of tenanted buildings this falls to the tenant) to have an asbestos policy in place. Commonly this is in the form of an asbestos register compiled by a person who has passed a P402 exam in asbestos surveying. The consequence of non-compliance can be financial penalties, a custodial sentence, refusal of employers and public liability insurance and refusal of maintenance companies to conduct essential repairs.