The landscape of fire safety in the UK has undergone a significant shift in recent years, driven by legislative changes prompted by the Grenfell Tower tragedy. Fire risk assessments are not only mandatory but crucial components of ensuring the safety of occupants in commercial premises and residential flats.
Recent prosecutions highlight the growing scrutiny on ‘Duty Holders’ overseeing life safety fire risk assessments, emphasising the escalating consequences of inadequate assessments.
Publicised prosecutions serve as stark reminders of the risks Duty Holders face, with Fire & Rescue Services empowered to enforce compliance through rigorous inspections and the issuance of an Enforcement Notice where they consider a serious risk is not being adequately managed. The Notice, if issued, details improvements needed, and by when. Penalties can include unlimited fines and up to two years’ imprisonment for failure by the Duty Holder to act, underscoring the critical need for a proactive and thorough approach to fire safety.
Illustrating the consequences of non-compliance, Hampshire and Isle of Wight Fire and Rescue Service’s enforcement team recently took legal action against a fire risk assessor and his directorship company. The prosecution stemmed from their failure to conduct a suitable and sufficient assessment for a three-storey block of flats in Hilsea, Portsmouth. The defendants were directed to pay fines and costs exceeding £100,000, with Judge Timothy Mousley of Portsmouth Crown Court stating in November 2022 that the risk assessment ‘fell far short of the appropriate standards’.
Legal responsibilities
Duty Holders bear legal responsibility for fire safety under the Regulatory Reform (Fire Safety) Order 2005, introduced in England and Wales in October 2006, The Fire (Scotland) Act 2005, and The Fire & Rescue Services (NI) Order 2006 / Fire Safety Regulations (Northern Ireland) 2010.
Duty Holders – a diverse group ranging from employers, property owners and managers to directors of freeholders’ companies at blocks of flats and the managing agents they may employ – are legally responsible for ensuring fire safety in their premises.
Collaboration with various stakeholders is imperative, requiring concerted efforts to meet assessment requirements, discharge maintenance procedures, and adapt to changes in building use.
Life safety fire risk assessments are not just procedural; they are central to establishing sufficient fire prevention, protection and suppression measures, alongside safe evacuation procedures that can be applied in the event of an incident. These measures should be taken with reference to British Standards, Fire Codes and Standards, and codes of practice provided by various bodies including the National Security Inspectorate (NSI). NSI, a leading Certification Body, conducts independent third-party assessments of companies’ fire-safety services through its team of expert auditors.
Periodic assessments conducted once a building is occupied and operational are crucial. Due to evolving building use and changes in physical elements like escape routes and fire doors, the validity of an assessment depends on its alignment with current usage. Regular reassessments are essential to identify and address any heightened risks.
Competence is crucial
While current fire-safety legislation does not explicitly define the competence of fire risk assessors, government guidance urges Duty Holders to seek advice from demonstrably competent individuals with comprehensive training and experience in the specific type of fire risk assessment required. This brings to the forefront the importance of independently assessed providers aligned with the BAFE Life Safety Fire Risk Assessment Scheme SP205, which exists to ‘deliver quality, independent evidence that providers are competent to deliver quality fire risk assessment services’.
These providers undergo rigorous inspection, ensuring comprehensive capabilities, adherence to standards, and relevant training. Engaging with such competent providers allows Duty Holders to confidently discharge their legal obligations and meet insurance stipulations for the sites they manage.
Latest requirements
The regulatory landscape continues to evolve, requiring Duty Holders to stay abreast of the latest requirements for compliance and, crucially, occupant safety. Recent amendments to the Fire Safety Order, applicable in England and Wales, introduced through the Fire Safety Act 2021, the Fire Safety (England) Regulations 2022 and the Building Safety Act 2022, increase complexity. Duty Holders must now comprehensively record their fire risk assessments, moving beyond simply noting significant findings. Also, whereas under previous legislation, if an organisation employed less than five people the fire risk assessment did not have to be documented, this exemption has now been removed and all fire risk assessments must be recorded in their entirety.
Approximately 12,500 high-rise residential buildings in England now face fresh legal requirements under the Building Safety Act 2022. The Act defines ‘higher-risk’ buildings as those 18m tall or higher, or at least seven storeys with two or more residential units. Building owners, freeholders or management company directors referred to as ‘Accountable Persons’ must comply with the Act from October 2023 or face investigation and potential prosecution.
Simultaneously, amendments to Building Regulations (Approved Document B) took effect on 1 December 2022 and recommend evacuation alert systems should be provided in all new high-rise residential buildings taller than 18m. The requirements extend to existing buildings of this height undergoing substantial alterations. Similar requirements for evacuation alert systems exist in Scotland, but currently evacuation alert systems are not required in Wales or Northern Ireland.
Each system should be inspected, tested and supervised by a competent person every six months, including renewing the system’s certificate of compliance. Neglecting these measures could render the system non-compliant with BS 8629, exposing Duty Holders to potential prosecution.
Conclusion
Looking towards the future, life safety fire risk assessments emerge as the bedrock of all fire-safety measures. The increasing stringency of legislation not only underscores their importance but also necessitates the involvement of demonstrably competent providers in conducting these assessments. Duty Holders must recognise the broader implications of their responsibilities – not only to comply with the law but to ensure the safety and well-being of all those inhabiting their premises.
As legislative frameworks tighten, Duty Holders play a critical role. Engaging with competent providers aligns with established standards, ensuring a thorough and objective assessment of capabilities. Third-party Certification Bodies, like NSI, validate companies providing services in accordance with BAFE schemes. Engaging SP205-approved fire risk assessors enables Duty Holders to confidently fulfil legal obligations, creating a safe environment for both staff and residents.
About the Author
John Davidson
With 30+ years of experience in the security sector John is responsible for the development and maintenance of various certification schemes within NSI and is the NSI “Fire Lead”. He is engaged in the development of BSI standards, representing NSI on FSH 12 & FSH12/1. He was involved in the development of BS 8629 and the revision of PAS 79 and is also a member of a number of BAFE scheme development groups.
John is a Member of the Institution of Engineering & Technology (I.E.T) and a Fellow of the Institute of Fire Safety Managers (IFSM) and a Member of the International Institute of Risk & Safety Management (IIRSM).
He is also a registered IRCA Principal Auditor and a practitioner of the Chartered Quality Institute and continues to audit approved companies primarily against the BAFE SP205 scheme for Life Safety Fire Risk Assessment.
