Third Party Certification & Registration Schemes for – Fire Risk Assessors Gareth Evans BSc(Hons), FIFireE, .Grad.IOSH IOSH Event 12 th October 2017 Aztec Hotel, Bristol
Aim………. To provide an overview and facilitate awareness of fire risk assessment services third party certification schemes and approved registers.
IFP Journal May 2016 - “The matter of competence of fire risk assessors has become the big issue in fire safety. “There is gradual recognition of the value of registration and certification schemes for fire risk assessors, use of third party certificated persons and companies not only provides reassurance to those in need of suitable and sufficient fire risk assessments, but the use of these fire risk assessors may well, one day, assist in establishing a defence of due diligence if things go badly wrong.”
“An independent fire risk assessor has been given a four month jail sentence, suspended for 12 months, and ordered to pay £1,000 costs after 'paying lip service' to assessing a Cheshire care home.” “ A private fire risk assessor has been found guilty of failing to provide an adequate risk assessment to a large Newton Abbot restaurant. Mr S-------- was prosecuted by Devon & Somerset Fire & Rescue Service appearing at Torquay Magistrates Mr S--------- had pleaded guilty was ordered to pay a total in fines and costs of £7,383.”
A fire safety consultant who gave "valueless" risk assessments has been given a six month suspended sentence and 180 hours of community service.
South Wales Fire and Rescue Service said it hoped the conviction would help bring in new rules to regulate the industry. Hold that thought……
Article 3…. The employer The person who has control of the premises, or the owner
Article 5… Any duty ……..shall also be imposed on every person, other than the responsible person .. ….. who has, to any extent, control of those premises so far as the requirements relate to matters within his/her control.” …..if the responsible person is misled by a report produced by a contractor that safety is delivered, when in fact safety is not delivered, the Order provides for the consultant to be liable to prosecution and not the responsible person.
Art 32 - (10) Where the commission by any person of an offence under this Order, is due to the act or default of some other person, that other person is guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person. Has the “responsible person” demonstrated due diligence….. done all that would be reasonable in the circumstances ??
Q. Please explain article 32(11) in relation to due diligence? A. 32(11) qualifies article 33. In essence a responsible person cannot claim to have taken all reasonable precautions and exercised all due diligence if an offence is due to the act or default of an employee (something they did or something they should have done but did not) or is due to the act or default of a nominated or appointed “competent person”. In the latter case this is because the onus is on the responsible person to make sure the competent person is indeed ‘competent’ for the task they have been nominated or appointed for.
FSO Article 9 Risk Assessment Must be suitable & sufficient, and carried out by a Competent Person ‘Competent Person’ – ‘sufficient training and experience’ or ‘knowledge and other qualities’ to enable him/her to properly carry out the task at hand.
Who is competent to carry out a fire risk assessment?
FIRE RISK ASSESSMENT COMPETENCY COUNCIL A Guide to Choosing a Competent Fire Risk Assessor
Can I do it myself? Duty holders – particularly in small or low-risk premises - may be able to carry out their own fire risk assessment……… ….You need, however, to know your limits…….
It is i m portant that the person who carries out the fire risk assessment is competent. There are two principal methods by which people can demonstrate their competence; • Professional Body Registration schemes • Certification by a Certification Body that is UKAS accredited for the activity. (Third Party Certification)
It is also important that the company for whom the fire risk assessor works has adequate management systems in place, even if the fire risk assessor is self employed. Competence of a company to deliver fire risk assessments can be demonstrated by third party certification of the company by a UKAS accredited Certification Body.
Third Party Certification Scheme or Register? BAFE SP 205 part 1 – “Life Safety Fire Risk assessments” Fire Risk Assessors Certification Scheme (FRACS) Institution of Fire Engineers (IFE) Institute of Fire Safety Managers (IFSM) Institute of Fire Prevention Officers (IFPO)
Registers of Assessors
IFE Register
IFE Register Personal details & CV Qualifications, FRA specific Courses, Experience, Current Employment, CPD Details of FRAs carried out over last 12 months
IFE Register Professional Review Interview Registration Periodic Reviews 2-3 yearly
The role of the United Kingdom Accreditation Service (UKAS) is to accredit third party Certification Bodies for the certification work they carry out. UKAS is the national accreditation body recognised by Government for this purpose. UKAS accredit Certification Bodies, against agreed standards, to confirm they are assessing correctly against ‘scheme’ requirements.
(v) had a suitable and sufficient risk assessment been undertaken the deaths, or some of them, would have been avoided. OF6 It is a fact relevant to the circumstances of the deaths that there was at the time of the fire no statutory requirement as regards the qualifications of persons who provide services in connection with the risk assessment of care homes.
RQIA (NI) – Require third party accredited FRAs in all registered premises
July 2016, open letter to SWFRS & CSSIW…. “This could be driven forward across the Principality through the all Wales protocol between the FRS and CSSIW.” “Limited powers of WG… …ruling out the need for risk assessors to be accredited.”
March 2017…. South Wales Fire and Rescue Service said it hoped the conviction would help bring in new rules to regulate the industry.
Regulatory Review Group ‘The Scottish Government should introduce a requirement for third party fire risk assessors to be certificated or registered to ensure competency and to help businesses receive a satisfactory and consistent service. This could in the first instance focus on those offering assessments/assessors working in high risk sectors,’ states the review.
Third party Certification Reference to the value of third party accreditation schemes is prominent throughout the fire safety sector. For example:- • Section 8 of all HMG FSO guides • Throughout ADB of Building Regulations • Purpose built flats guide and draft specialised housing • DoH HTM 05- 01 “Managing Healthcare Fire Safety”
3 rd July 2007
5.7.2 Areas for consideration Consideration should be given to conducting a review as to how the responsible person under the FSO can be assured that their assessment of risk is suitable and sufficient, particularly where the premises is of higher risk. This assurance is particularly important where the RP may be relying on using someone else to undertake the risk assessment
14 th June 2017
FSO Guides section 8 Third-party quality assurance can offer comfort, both as a means of satisfying you that goods and services you have purchased are fit for purpose, and as a means of demonstrating that you have complied with the law.
Third party certification schemes for fire protection products and related services are an effective means of providing the fullest possible assurances, offering a level of quality, reliability and safety
Section 53 Third-Party Certification “Third -party certification schemes for fire protection products and related services are an effective means of providing the fullest possible assurances, offering a level of quality, reliability and safety that non- certificated products may lack.”
SHG Section 73 Third Party Certification.. “the use of firms that are third party certificated by a UKAS-accredited certification body is strongly recommended.”
5.21 Users of this Health Technical Memorandum are advised to consider the benefit of third-party certification. Users seeking assistance in identifying appropriate conformity assessment bodies or schemes should contact UKAS for advice and further information.
Third-Party Certification is evidence that a service or product adheres to certain standards. An independent expert, the third party, has assessed the service or product and certified that it complies with those standards .
The certificated organisation is permitted to claim compliance with the scheme, display copies of their certificate and, in most cases, display the logos of the scheme and the certification body.
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