Graham Simons, technical manager of the Fire Industry Association outlines the responsibilities of the designated Responsible Person
Graham Simons, technical manager of the Fire Industry Association outlines the responsibilities of the designated Responsible Person.
Each year people die or are seriously injured following fire in commercial properties. Besides the human risk, businesses suffer millions of pounds of costs from property damage, fines, compensation, and insurance premiums and many are unable to recover.
In the UK fire safety legislation has been implemented through regional regimes and different terms are used for the person with duties for fire safety: In England and Wales, the Regulatory Reform (Fire Safety) Order refers to the 'Responsible Person'; in Scotland the Fire (Scotland) Act refers to the 'Duty Holder'; and in Northern Ireland the Fire & Rescue Service (NI) Order and subsequent Fire Safety (NI) Regulations refer to the 'Appropriate Person'.
Despite these different titles, the duties are essentially to ensure the safety of the people in the premises. In this article I will refer to the 'Responsible Person' for simplicity.
Fire law emphasises fire prevention and reducing risk which is the duty of the 'Responsible Person'. This is typically the employer but can be anyone with some control over premises. If a building has more than one 'Responsible Person' they must work together to co-operate, coordinate and share information to comply with regulations; reduce the likelihood of fire and ensure people can safely escape during a fire.
Regulations apply to non-domestic premises and in England and Wales, including communal areas (e.g. hallways) of blocks of flats or converted houses.
However, it doesn't apply inside the individual private flat or house.
What Are the Duties of the Responsible Person?
The 'Responsible Person' must take steps to identify and reduce fire risk and ensure people can safely escape. They must manage:
• Fire risk assessments identifying hazards and risks
• General fire precautions
• Application of principles of fire prevention
• Fire safety policy and suitable fire procedures
• Those particularly at risk (disabled people, those working with hazardous material etc)
• Warning of fire in a building
• Suitable means of escape including signs, notices and emergency lighting
• Fire extinguishers
• Fire doors and compartments
• Maintenance of fire equipment
• Staff capabilities and training, fire drills and evacuations
The 'Responsible Person' may appoint others to undertake these duties however they remain legally responsible. To show due diligence, it is vital to ensure that all such people are suitably trained, qualified and experienced. Services should be provided by professional and third party approved companies.
Fire Risk Assessment
Fire risk assessment is fundamental to all legislation and there are five key steps:
• Identify fire hazards - including sources of ignition, fuel and oxygen the components of fire
• Identify people at risk - people using the premises and any people especially at risk
• Evaluate, remove, reduce the risk and protect people
• Record, plan, inform, instruct and train - record major findings and actions taken
• Review the fire risk-assessment regularly and change where necessary
Protective measures
The risk assessment should identify the range of protective measures appropriate to the premises and its usage. The following should need consideration:
• Structural and passive fire protection
• Fire detection and warning systems
• Means of escape, emergency escape lighting, signs and notices
• Fire fighting equipment including portable or fixed extinguishing systems
• Recording, planning, informing, instructing and training
Structural and passive fire protection describe parts of a building providing inherent fire safety and protection through structural stability, fire separation, compartmentation and a safe means of escape.
The fire detection and alarm system will alert people to a fire allowing them to escape before they become trapped. Installers of these systems should be third party certified to either SP203 or LPS1014 to prove their competence.
There must also be an adequate means of escape with appropriate signage and lighting for people to quickly and safely escape avoiding the fire.
Some buildings will require fire fighting equipment such as portable fire extinguishers allowing people to tackle a small fire. Extinguishers should be installed, commissioned and maintained by a 'SP101/ST104 certified company.
Other specialised fire fighting equipment may also be required such as gas or sprinkler extinguishing systems. Installers of gas extinguishing systems should be certified to LPS1204 while sprinkler system installation companies should be certified to LPS1048.
Enforcement of Fire Safety Law An enforcing authority, usually the Fire and Rescue Service, may apply alteration, enforcement or prohibition notices if they are not satisfied with the safety measures.
These will advise of any safety improvements required and may even close the building until sufficient measures are in place.
Penalties for breaches of fire safety legislation can include heavy fines or imprisonment of the 'Responsible Person'. The size of penalty is not affected by the size of the company; it is based on the severity of breach.
The FIA has a produced a Best Practice Guide to help the Responsible Person get to grips with their fire safety duties. It is free to download and available in the Responsible Persons area and in Resources and FIA
