Norfolk Fire and Rescue Service Update on Fire Safety Order Response to Fire Alarms Primary Authority Scheme Recent Cases Tim Allison
Norfolk Fire and Rescue Service Response to AFA calls 95% of all calls to Automatic Fire Alarms were due to False Alarms Evidence that Fire Alarm Monitoring Organisations (FAMO) were not following their own industry protocols Consultation responses: 272 organisations contacted – 19 responded Large insurer No objection as they have no AFAs in their premises Large Retailer Mostly supportive, however feeling of putting good with bad Suggested the three strikes used by Police Legal Firm Concern about sending persons to check a roof top plant room and IT server room protected by suppression system Large public building Unfair to penalise those who cause very few calls rather than those who cause a large number of calls – warn those premises and remove response if situation does not improve
Norfolk Fire and Rescue Service Response to AFA calls Large food packaging factory Concern over extensive site and some of the hazardous processes they carry out and asked to be considered ‘out of scope’ Timber yard Having had a fire they objected strongly to the proposal as the fire appliance was on site before they were, after the FAMO called them If they had to attend and then call 999 they feel that the fire would have spread to other buildings Fire Industry Association Does not believe that non attendance is the preferred option Inconsistency between Fire & Rescue Services causing businesses training issues between sites Issue of FAMO not having up to date keyholder information
Norfolk Fire and Rescue Service Response to AFA calls First month (June 2013) figures for Unwanted Fire Signals 2011-12 190 UwFS calls attended 2012-13 164 UwFS calls attended (14% reduction) 2013-14 117 UwFS calls attended (29% reduction) 35 calls were challenged as opposed to 9 in each of the previous two years – these were from ‘in scope’ premises only One FAMO delivered incorrect address information resulting in a delayed response to a sheltered housing premises – this was identified during the call
Norfolk Fire and Rescue Service Response to AFA calls Following three months figures are being analyzed Indications are that UwFS still falling There has been no increase in building fires that have not been attended Businesses are reviewing: The need for FAMO intervention against building insurance requirements Their detection provision and suitability Their procedures and management of fire safety
Norfolk Fire and Rescue Service Primary Authority Scheme Primary Authority Scheme (PAS) was introduced under the Regulatory Enforcement and Sanctions Act 2008 Designed to reduce the regulatory burden on business Consultation about the extension of PAS closed in 2011 and government concluded that regulation can be ‘heavy handed, inefficient, overly prescriptive and culturally risk averse’ Local Better Regulation Office (LBRO) to be absorbed by Department for Business, Innovation and Skills (BIS) and renamed Better Regulation Delivery Office (BRDO)
Norfolk Fire and Rescue Service Primary Authority Scheme The Enterprise and Regulatory Reform Bill 2013 extended the scheme starting from 1 st October 2013 Planned implementation for Fire Safety in April 2014 Other Primary Authority Schemes began in 2009 Scheme to be changed to improve ‘coherence, accountability and transparency’ and introduction of ‘ earned recognition ’ to reduce, or remove, regulatory inspections
Norfolk Fire and Rescue Service Primary Authority Scheme Government commissioned a number of pilot schemes between January and June 2013 Statutory Scheme Non Statutory Scheme (FAPS) FRS / Authority Business / es FRS / Authority Business /es Hertfordshire (County) Tesco West Midlands (Met) Marks and Spencer Nationwide Nottinghamshire (CFA) Boots Hampshire (CFA) Home Retail Group B&Q Tyne & Wear (Met) Sainsburys Surrey (County) MRH (Development Co) Leicestershire (CFA) Travelodge Bedfordshire (CFA) Moto Hospitality London (Met) SSP Ltd Enterprise Inns Greater Manchester (Met) McDonalds West Yorkshire (Met) ASDA Morrisons Essex (CFA) Royal Mail Cornwall (County) St Austell Brewery Staffordshire (CFA) BT Merseyside (Met) Ladbrokes Bupa Superdrug PLC
Norfolk Fire and Rescue Service Primary Authority Scheme RAFKAP – Retail and Fire Key Authority Partnership One of the forerunners to this along with Lead Authority Scheme Petroleum & Explosives already under PAS Primary Authorities can Provide robust and reliable advice to its partners Primary Authority Advice to Business (PPAB) Produce a national inspection plan to avoid repeated checks and better sharing of information Co-ordinate enforcement action to ensure consistency – local authority will still take the action Primary Authority can block proposed enforcement action if it is contrary to advice given to a partner business Consultation response from businesses was that this will allow them to challenge unreasonable enforcement action more easily
Norfolk Fire and Rescue Service Primary Authority Scheme BRDO will issue guidance that a primary authority cannot direct the resources of another authority Each authority will still manage its own inspection regime Fire & Rescue Authorities (FRA) can refuse to enter into a partnership, due to capacity issues, but the BRDO can overrule this and enforce the partnership There is the facility for ‘appropriate cost recovery’ which would lead to the Primary Authority ‘breaking even’ Pilot schemes showed this to be in the region of £12,000 to £25,000 per annum Partnership is based on the premise that the business wants to improve, in this context the relationship becomes one that is based on openness and cooperation This should lead to more efficient, quicker inspections, cost reductions on both sides and improvements in Fire Safety across the whole business
Norfolk Fire and Rescue Service Primary Authority Scheme PAS extensions and how PAS may benefit small businesses (BRDO information) Primary Authority has been significantly extended in two ways: the scheme is now accessible to businesses that do not trade across local authority boundaries, but do share an approach to compliance with at least one other business that trades in a different local authority. These shared approaches to compliance will typically be co- ordinated by a business' trade association, or a franchisor where the business is a franchisee, and the new types of local authority - business partnership will therefore be known as co-ordinated partnerships.
Norfolk Fire and Rescue Service Primary Authority Scheme Strengthening inspection plans - The role of primary authority inspection plans has been strengthened. Previously, enforcing authorities were obliged to 'have regard' to inspection plans, however, they will now have to ‘act in accordance’ with the requirements. There is a new mandatory duty to provide feedback to primary authorities on inspection activity undertaken, where the primary authority requests such feedback. 759 businesses in the scheme, 103 local authorities, 63000 premises (April 2013) More than 30,000 small businesses can now access Primary Authority through their trade associations, franchisors and business groups, including major organisations such as KFC and the British Frozen Food Federation.
Norfolk Fire and Rescue Service Primary Authority Scheme Fire Safety areas that may become part of inspection plans: Fire Safety Management procedures Training processes and competency Fire safety provision testing and servicing What about: Evacuation Procedures Compartmentation standards Fire Risk Assessment
Norfolk Fire and Rescue Service Recent prosecutions DM Care Ltd, Blackpool Two Storey Care Home Fire (6 th Jan 2012) triggered a full evacuation and subsequent investigation and inspection Fire Safety had been neglected and deteriorated to a very poor standard There was not a suitable and sufficient Fire Risk assessment, insufficient procedures for evacuation, insufficient staff training, blocked and obstructed exit routes and an inadequate fire alarm system Case was heard on 19 th March 2013 Seven offences and a total fine of £40,375 (inc costs of £5375)
Norfolk Fire and Rescue Service Recent prosecutions Hertfordshire Letting Agent 13 offences at 5 rented homes Inadequate smoke detection, fire doors to several rooms found to be defective, a handrail to the stairs was not securely fixed to the wall and exit doors could be kept locked Fine of £16,200 and costs of £25,000 total of £41,200 Case brought by Welwyn Hatfield Council, it was the first time they had prosecuted a managing agent and not the landlord
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