Measures to improve the quality of fire risk assessments and the competence of those who undertake them, and to encourage better co-operation among those responsible for fire safety, are to be included in new draft legislation.
The measures – contained in the government’s response to the Fire Safety Consultation published last week – are to be included in the Building Safety Bill as it starts its progress in parliament, and will seek to amend and expand on existing provisions of the Regulatory Reform (Fire Safety) Order 2005.
Provisions are included to require all fire risk assessments to be recorded for each building. Currently, article 9(7) of the Fire Safety Order only requires the “significant findings” of the fire risk assessment to be recorded where the responsible person employs five or more people, and in other specific circumstances.
The Building Safety Bill will also require those undertaking fire risk assessments to be ‘competent’, as defined by article 18 of the Fire Safety Order. This states that a person is to be regarded as competent where they have sufficient training and experience or knowledge and other qualities to enable them properly to assist in undertaking the preventive and protective measures.
Other proposed amendments to the Fire Safety Order are:
The proposals will form part of the new Building Safety Bill to be introduced to Parliament shortly. The Building Safety Bill will create the first national Building Safety Regulator and overhaul the way buildings in scope of the new regime are designed, built and managed when occupied. The draft Building Safety Bill, published last summer, has undergone a process of pre-legislative scrutiny, to which the government will respond “in due course”.
In addition, the Fire Safety Bill – which is in its final stages before royal assent – provides that a failure to follow risk-based guidance under the Fire Safety Order will be evidence of a contravention of the legislation, while following the guidance would be evidence of compliance.
The Government intends to launch a further consultation on personal emergency evacuation plans this spring, to seek additional views on implementing the relevant Grenfell Tower Inquiry recommendations. The Home Office also intends, subject to the Fire Safety Bill receiving royal assent, to lay regulations before the second anniversary of the Grenfell Inquiry Phase 1 report which will deliver on the inquiry’s recommendations.
“Everyone should be safe in the buildings where they live, stay or work,” said Fire Minister Lord Greenhalgh. “Our new measures will improve fire safety and help save lives, but will also take firm action against those who fail in their duty to keep people safe.”
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