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Introduction to Fire Safety Management

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➤ Appropriate protection measures can be taken<br />

for the person carrying out the maintenance<br />

operation<br />

➤ Where appropriate, work equipment is marked in a<br />

clearly visible manner with any marking appropriate<br />

for health and safety<br />

➤ Where appropriate, work equipment incorporates<br />

any warnings or warning devices for reasons of<br />

health or safety. These must be unambiguous, easily<br />

perceived and easily unders<strong>to</strong>od.<br />

Note: Any warnings or markings must comply with the<br />

Health and <strong>Safety</strong> (<strong>Safety</strong> Signs and Signals) Regulations<br />

1996 (see later section).<br />

PUWER also has specifi c requirements covering<br />

mobile work equipment and power presses. These are<br />

not covered in this summary.<br />

15.27 The Regula<strong>to</strong>ry Reform (<strong>Fire</strong><br />

<strong>Safety</strong>) Order 2005 (SI 1541)<br />

The Regula<strong>to</strong>ry Reform (<strong>Fire</strong> <strong>Safety</strong>) Order (RRFSO)<br />

replaces or amends 118 pieces of fi re-related legislation,<br />

the most signifi cant being the repeal of the<br />

<strong>Fire</strong> Precautions Act 1971 and the revocation of <strong>Fire</strong><br />

Precautions (Workplace) Regulations 1997(as amended).<br />

It develops and extends many of the concepts from the<br />

<strong>Fire</strong> Precautions (Workplace) Regulations 1997 and the<br />

<strong>Management</strong> of Health and <strong>Safety</strong> at Work Regulations<br />

1999.<br />

The RRFSO applies <strong>to</strong> the majority of premises<br />

and workplaces in the UK. Broadly it does not apply<br />

<strong>to</strong> dwellings, the underground parts of mines, offshore<br />

installations, anything that fl oats, fl ies or runs on wheels.<br />

15.27.1 Defi nitions and meanings<br />

Responsible person – this is the person who more than<br />

likely owns the premises or business or the person with<br />

control over the premises, business or activity. Where<br />

two or more responsible persons share responsibility<br />

(e.g. landlord/tenant, multiple occupied building or adjacent<br />

premises) the responsible persons must cooperate,<br />

share information and collaborate <strong>to</strong> provide fi re safety<br />

measures.<br />

Relevant person – this is anyone who is legally on<br />

the premises or anyone who is not on the premises but<br />

who may be affected, such as in nearby property.<br />

The RRFSO specifi cally excludes fi re fi ghters from<br />

this group of people.<br />

Employee – this has a broad defi nition and may<br />

include subcontrac<strong>to</strong>rs, self-employed and casual<br />

workers.<br />

Summary of key legal requirements<br />

Competent person – anyone appointed by the<br />

responsible person and could be a company employee,<br />

fi re safety manager, fi re warden, etc. or an external<br />

consultant. But must be someone who has enough<br />

training and experience or knowledge and other qualities<br />

<strong>to</strong> undertake their role.<br />

Inspec<strong>to</strong>r – person appointed by the enforcing<br />

authority (normally a fi re offi cer from the local <strong>Fire</strong> and<br />

Rescue Service).<br />

Enforcing authority – normally the <strong>Fire</strong> and Rescue<br />

Service but may be the HSE, MOD or local authority.<br />

Enforcement – failing <strong>to</strong> comply with articles 8<br />

through 21 and 38 may result in the serving of a variety<br />

of notices or on successful prosecution a fi ne or up <strong>to</strong><br />

two years in jail.<br />

Articles 8 through 21 cover all the main provisions<br />

of the RRFSO, from carrying out risk assessments <strong>to</strong><br />

maintenance and training.<br />

<strong>Fire</strong> risk assessment – the corners<strong>to</strong>ne of the<br />

RRFSO is the risk assessment. This must be reviewed<br />

regularly and if necessary amended. The risk assessment<br />

must be formally recorded if the responsible<br />

person employs fi ve or more people, the premises are<br />

licensed or an alterations notice requires it.<br />

Maintenance – all equipment provided for the<br />

purpose of fi re safety or for the use or protection of fi re<br />

fi ghters must be maintained and kept in good order.<br />

Note: Reference <strong>to</strong> the ‘Articles’ of the RRFSO are made<br />

in the following paragraphs by the use of brackets,<br />

e.g. [4.1(b)].<br />

15.27.2 Application<br />

The RRFSO applies <strong>to</strong> the vast majority of workplaces<br />

and premises in the UK. There are notably very few<br />

exceptions. Workplaces and premises vary considerably<br />

in size and risk and as a consequence the RRFSO contains<br />

fewer concise words such as ‘adequate’, ‘appropriate’<br />

and ‘reasonable’. The following summarises the<br />

RRFSO in the context of a typical organisation for which<br />

you are responsible, or own the premises, business or<br />

operation, i.e. the responsible person.<br />

15.27.3 The responsible person<br />

As the responsible person you must ensure the safety<br />

from fi re of your employees and any person who may<br />

legally come on<strong>to</strong> your premises, or any person not on<br />

the premises who may be affected (relevant persons)<br />

[8(a) and (b)]. Where you share responsibility with other<br />

responsible persons (e.g. adjacent premises, employers,<br />

tenant/landlord or multiple tenancy building) you must<br />

cooperate by sharing information and collaborating in<br />

providing measures. This also extends <strong>to</strong> premises in<br />

which an explosive atmosphere could occur [22].<br />

389

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