Fire Engineering : Fire Risk Assessment : Regulatory Reform (Fire Safety) Order : Enforcement of Regulatory Reform (Fire Safety) Ord

Enforcement of Regulatory Reform (Fire Safety) Order

Enforcement of The Regulatory Reform (Fire Safety) Order 2005

Articles 26 and 27 of the Fire Safety Order cover enforcement and the power of inspectors. The following authorities have been charged with enforcement and will carry out compliance audits. Central to the compliance audit will be a scoring system the outcome of which will, unless overridden at senior level with an enforcement authority, determine the enforcement outcome.

Fire and Rescue Services

Crown occupied/owned premises – Crown Inspectors

Armed Forces – Ministry of Defence Fire and Rescue Service

Specialist premises, for example, ships under repair, nuclear sites – Health and Safety Executive

Sports Grounds and Spectator Stands – the Local Authority

Enforcing authorities (usually the Fire and Rescue Service) have the power serve Alterations Notices, Enforcement Notices and Prohibition Notices in circumstances where inadequate fire safety arrangements are identified.

— Alterations Notices

An Alterations Notice may be served where the enforcing authority is of the opinion that the premises constitute a serious risk to relevant persons or may constitute such a risk if a change is made to them or the use to which they are put.

An Alterations Notice must specify the matters the enforcing authority believes constitute a risk to relevant persons of the premises or may constitute a risk if proposed changes are made to the premises or the use to which they are put.

Prior to the making of any proposed changes, the responsible person must:

Review the fire risk assessment, record the significant findings and send a copy to the enforcing authority

Send a copy of the proposed changes to the enforcing authority

The enforcing authority will confirm in writing that it has considered the proposed changes and the risk assessment.

— Enforcement Notices

Enforcement Notices are served when the enforcing authority is of the opinion that the responsible person (or any other person having control of the premises) has failed to comply with any provision of the Fire Safety Order.

An Enforcement Notice must clearly state the provisions of the Fire Safety Order which have not been complied with and the action that must be taken to remedy the failure. The action must be taken within such period as is specified in the Notice, not being less than 28 days. The Notice is served on the responsible person, not the premises and not the job title.

— Prohibition Notices

Prohibition Notices are served when the enforcing authority is of the opinion that the use of the premises involves or will involve a risk to relevant persons so serious that use of the premises ought to be prohibited or restricted.

The Notice must indicate the prohibitions (restricted use of the premises) in force until the matters giving rise to the risk have been remedied.

The Notice is served on the responsible person, not the premises and not the job title.