Speaking at a Chief Fire Officers Association association convention this month, a year after being appointed to his post, Lewis said that businesses were seeking a “more constructive and collaborative relationship” with fire authorities and fire safety officers.
In August, a government report reviewed how the Regulatory Reform (Fire Safety) Order 2005 was being applied and enforced in England and Wales, particularly in relation to SMBs. Among the written responses was a clear indication that businesses felt approaches to enforcement varied across the country. Businesses reported “significant inconsistencies” in enforcement decisions.
This particularly frustrated large businesses, which sought Primary Authority to be applied to fire safety regulations in order to address the cost of inconsistencies among fire services across the country. Primary Authority rules allow a business that operates across council boundaries to nominate a specific local authority to deal with, ensuring consistency in licensing and enforcement processes across the business.
In his speech to the CFOA conference, Lewis said that this review had articulated clearly the aspirations of the business community with regard to the way the Fire Safety Order is enforced.
It is not that businesses think that enforcement powers available under the Fire Safety Order are overused. They don’t. All agree that where public safety is a real and unmanaged risk, it is right that enforcement action is taken.
However, what businesses want is a more constructive and collaborative relationship with their authorities and fire safety officers. One where they can approach and rely on consistent, sound, and proportionate advice on compliance from their fire safety officers, and on consistent and proportionate enforcement action by their fire and rescue authorities.
He went on to say that an announcement about the use of a Primary Authority with respect to fire safety laws will be announced shortly, following successful pilot schemes. He also praised the CFOA for supporting these pilots.
The FIA’s chief executive, Graham Ellicott, said today in a press release that the FIA echoes the minister’s calls for a more constructive relationship between businesses and fire services.
The FIA looks forward to working with CFOA and fire and rescue service where appropriate on these matters and in particular believes that the advent of a Business Engagement Forum, possibly based on the Scots model, will be a good thing for all stakeholders in the fire world.
The August report stated that the “fundamental difference of opinion” between fire and rescue authorities as to how to carry out their enforcement activities was making it “impossible to provide a simple single statement of what businesses can expect from fire and rescue authorities.” Lewis was not clear as to whether the government would provide clearer guidance to fire chiefs. Instead, he mentioned “localism” and said the sector should agree on its own standards for what an efficient fire authority would look like.
The full transcript of Brandon Lewis’s speech is available here.
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I’m not in the UK but I think this is a universal problem. We have offices in several states and we run into this all the time. Even down to the county and city level there can be little issues that no one really knows about until the right (or wrong) inspector shows up. You could go years with clean inspections then have an inspector giving you the news that you’ve got an issue that needs to be cleared up. The inspection schedules are different for each location and how violations are handled vary as well. I don’t think that… Read more »
Agreed, really it does fall some on the quality of inspector that you have. We had regular fire inspections and always passed with flying colors then we had a different guy and he picked out that all of the fire extinguishers on one floor should be a different type because of the equipment present. We had these on other floors and it was an easy fix but after years it was an issue. So I will agree that its not necessarily the business trying to get away with something its just they truly dont know.
I have had a great idea about consistency of enforcement, I dont think has ever been thought of before so I calim the first! here it is: Start a course at the Fire Srervice College for all fire safety personnel in F&RS in England and Wales to attend so they get taught a national benchmark standard of enforcement so that we get some kind of consistency and equivalency of action. Lets say it is a 6 week course and call it somerhting like ‘the fire safety inspecting persons course’. Now that is pretty conceptual I know but I think… Read more »
I am all for better education, because that eliminates common mistakes and makes sure everyone is aware of what should be. Poor implementation of laws or regulations just makes them ineffective and encourages–or rather allows–businesses and people to be lax about compliance.
Good point. I think it’s important to train inspectors, and re-evaluate their licenses every few years or so. Perhaps make them attend refresher courses or seminars, just so they understand that their job is serious and that they should take their responsibilities seriously.
Good point, safeNsane. I think what is needed here is consistency in implementation. That means all inspectors should be consistent in how they conduct their inspections, plain and simple.
Fire Minister’s drive for ease and consistency in regulatory compliance is a commendable one. When businesses are ready to comply with regulations to secure the lives of their staffs, it is government’s responsibility to assist them by making it easy for them. Besides, consistency in implementation is more in government’s own favor than businesses.
Collaborative and constructive relationship is what called for by the government in most of the cases with companies that are being secretive. It is good to see that businesses are demanding that themselves. Government should leap forward and help make collaborative relationship between businesses and fire officials because it is for the safety of the people.
Consistency across the FRS is so obvious it hurts, but it doesn’t exist in the real world. Why?
Re. your point on writing to the minister, I suspect he’s got his hands full dealing with the Unions at the moment, so you might be kept waiting for some time!