Archived decisions

Hampshire Fire and Rescue Authority Item 14

8 December 2004

Deferment of the Regulatory Reform (FIRE SAFETY) Order 2004 (RRO)

Report of the Chief Officer

Contact: Senior Divisional Officer Charlie House - Tel: 023 8062 6846

1

Summary

1.1

Members will be aware of the proposed fire safety legislation to be introduced under a Regulatory Reform (Fire Safety) Order (RRO) replacing the existing Fire Precautions Act and Fire Precautions (WORKPLACE) Regulations. These new arrangements will also remove or replace fire safety requirements from 116 other pieces of legislation, such as the Licensing Act.

1.2

Over the past 18 months, Hampshire Officers have been busy maintaining an effective level of fire safety enforcement within existing policy, whilst also balancing workloads against preparatory work that is essential for the introduction of this reform.

1.3

In readiness for the RRO, we have also been working in partnership with other Authorities, along with the Chief Fire Officers Association (CFOA), leading in the development of enforcement policies and documentation and in particular, the development of National Fire Safety Audit protocols.

1.4

For the third time the introduction of the RPO has been deferred. Latest indications suggest this important reform will not be implemented for a further twelve months. The ODPM has provided the following expected sequence of events for the RRO :-

· Stage 2 of the Scrutiny Committee, expected to last 15 days, starting end of November 2004

· Presentation to the National Assembly for Wales

· Debate and voting in both Houses

· Laid and Made for a commencement date around October 2005

1.5

This most recent deferment has been the result of outcomes from the Stage 1 Parliamentary Scrutiny Committee reviewing the proposed legislation. One of the main issues to be resolved, before the Order is able to pass through its parliamentary stages, is the provision of a code of practice that provides guidance to business. Several attempts have been made to produce such guidance, but to date, a satisfactory version has not yet been achieved. A team has now been formed from the Chief Fire Officers Association RRO Working Group in order to re-write and complete this task by the end of November 2004.

1.6

The likely date given for the initiation of this reform is around October 2005. This is consistent with the program for printing the aforementioned guidance and aligns to the series of business seminars being programmed by the ODPM for promotion of these forthcoming changes in fire safety legislation.

2

Background

2.1

The Reform Order will enable the Fire and Rescue Service to pro-actively focus on fire prevention. It also provides the business community with an opportunity to manage risk from fire, as it applies to their own particular premises. This change moves fire safety enforcement towards a non-prescriptive, risk based methodology that can effectively drive down risk and make Hampshire safer.

2.2

The cessation of the Fire Precautions Act removes the requirement for fire certificates and the fire safety plans they contained. Inspecting officers carrying out a fire safety audit under the new order will be assessing risk against the information provided by the responsible person for the premises. It will not be assessing against the prescriptive standards as required and recorded by the Fire Authority under current legislation.

2.3

The RRO further provides the Fire Authority with new powers and will effect most premises, other than domestic residential housing. Responsibility for compliance will rest with those persons responsible for the premises, requiring the provision of adequate safety measures for all those who may be affected in the event of fire.

2.4

The new order builds on the existing requirements of the Fire Precautions (WORKPLACE) Regulations, but does not seek to increase burden upon business. However, the powers of enforcement given to Fire Authorities will require a commitment to wider engagement with the business community and a pro-active approach to partnership working in order to achieve tangible risk reduction.

2.5

To effectively measure this activity, accurate data and premises risk profiling is crucial. Members will be aware of the ongoing work to introduce a new Community Fire Risk Management Information System (CFRMIS) early next year. This system will eventually provide a wide range of options to underpin our enforcement strategy associated with RRO and have considerable impact on future developments within Integrated Risk Management Planning (IRMP).

3

Impact of RRO deferment

3.1

As we are committed to the introduction of this legislation, the latest deferment creates challenges and consequences for both HFRS and the business community of Hampshire.

3.2

A considerable amount of time and effort has been invested in preparing policy, procedures and documentation. A training programme to prepare fire safety officers in the competencies required to enforce this legislation has already been implemented. This programme will again have to be reviewed in order to accommodate this latest delay.

3.3

Arrangements have been put in place to provide business with a series of training and education seminars, in Basingstoke, Portsmouth, Southampton and Eastleigh.

3.4

Resources will now have to be put into place to change the content and delivery of these seminars. Further expenditure will be incurred next year to provide alternative opportunities that align with the ODPM's latest timetable.

3.5

The priority given to this work has had considerable impact on other elements of service delivery, not least of which has been the detrimental impact upon our inspection programme.

3.6

Perhaps more importantly, the initiation date for the new Licensing Act is February 2005. Without the RRO in place certain premises, which are not covered by existing fire safety legislation, will fall outside and be unprotected, which could potentially place people at risk. Hampshire has raised this matter to the ODPM, but to date no response has been received.

3.7

Members will also be aware that from April 2004, in anticipation of the RRO, HFRS dramatically scaled down the issue of Fire Certificates and is presently only processing applications on request, if in accord with individual business policy. This position is now under review, subject to pending legal advice from Bar Direct.

3.8

In more general terms, the RRO is one of the key-stones under Protection supporting IRMP. The wider powers given to the Fire Authority enables risk reduction activities to take place in premises such as a House of Multiple Occupation (HMO's). It also includes all those who may be effected by fire, where at present existing legislation covers only employees. Without the initiation of the RRO, there is an inherent delay in achieving the full potential of our risk reduction plans for business premises, albeit that some of this work is now being achieved without the necessary legal support.

4

Conclusion

4.1

Hampshire has played a leading role in the preparation for RRO. Working in partnership under the leadership of CFOA, our developmental work has contributed greatly to the enforcement policies and guidance that is being made available to all other UK Fire Authorities.

4.2

Moreover, Hampshire has developed a fire safety audit process which identifies compliance levels for premises, aligning enforcement outcomes to the HSE enforcement management model. It also facilitates the gathering of data to assist with the Fire Service Emergency Cover (FSEC) process and determines the appropriate fire safety risk rating for each premise. This process has been recognised by CFOA as a national model, and is already being adopted by a large number of Fire Authorities. The use of this model will bring about a consistency in the methodology of inspecting, assessment of risk and enforcement, that previously has been difficult, if not impossible to attain.

4.3

In conjunction with IRMP, all non-domestic premises in Hampshire, known to the Service, have now been allocated a risk rating. These ratings enable the resources of the service to be targeted towards highest identified risk and also enables us to track the effects of our risk reduction program. Over the last three months there has be a reduction of 9.8% in very high risk, and 2.5% in high risk. These results are very encouraging and provide evidence of the success from our year one Protection Strategy identified within the IRMP.

4.4

Hampshire's fire safety audit process aligns enforcement outcomes with the HSE Enforcement Management Model. As anticipated, this has enabled a much improved enforcement regime and provides consistent levels of enforcement determined by our fire safety inspectors.

4.5

The result has been an increase in the number of enforcement and prohibition notices being served. At the end of September 2003, our data shows the following results:

· 277 informal notification of fire safety deficiencies

· 94 Urgent Action Requests

· 22 Enforcement Notices

· 2 Prohibition Notices

4.6

These results came from the 1397 inspections conducted since April 2004 and represents breech requirements in 21.5% of the premises visited. Put more simply, potentially one in of every five premises inspected were not adequately protecting persons from the effects of fire in the premises.

4.7

Clearly, the introduction of the RRO will facilitate a fire safety inspection and enforcement methodology that will ultimately make Hampshire safer. In recognising the need for this pro-active and focussed provision of risk reduction, it is essential that the necessary legal framework is introduced without further delay.

4.8

As can be seen, Hampshire is already making progress in terms of tangible risk reduction, but this latest delay will undoubtedly hinder our progress and aspirations within risk management planning. A commitment from the ODPM to a firm date of October 2005 needs to be provided to enable Fire Authorities to further plan and implement arrangements as part of their IRMP strategies.

5

European Convention on Human Rights and the Human Rights Act 1998

5.1

The proposals within this report are considered compatible with the provisions of the European Convention on Human Rights, the Human Rights Act 1998, and the Race Relations (Amendment) Act 2000.

Recommendations

1

Authority to note the contents of this report.

2

The Authority to write to Nick Raynsford MP, deploring this further delay of the introduction of the RRO and record the damaging consequences it has on the Protection elements of Hampshire's IRMP.

Section 100D - Local Government Act 1972 - Background Papers

The following documents disclose the facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of the report.

None

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(1) Published works

(2) Documents that disclose exempt or confidential information as defined in the Act