Enforcing fire safety guidance is a “contradiction in terms” industry expert Colin Todd told visitors at Firex North this week.
Speaking alongside a fire safety lawyer and fire safety enforcement manager, Mr Todd said that that guidance “is exactly that, guidance” and enforcement action was too readily taken by some fire authorities.
The seminar session, See you in court? Legal and enforcement proceedings, explored the legal process responsible persons can expect following breaches of the Regulatory Reform (Fire Safety) Order.
Mr Todd warned that enforcement had become a postcode lottery, dependant on how fire authorities saw their role as fire safety ‘police’.
“Some fire authorities hand [enforcement notices] out like sweets,” he said, whereas others were “helpful” and worked alongside businesses to find the right solution.
A lack of clarity on the part of some fire and rescue services was highlighted by Hilary Ross of Bond Pearce Solicitors. Many enforcment notices did not detail how the legislation was breached, using wording like “risk assessment not sufficient.” The result was that some businesses were left floundering over how to remedy the situation.
Her biggest ‘bugbear’ she said, was when prohibition notices were withdrawn after a fire authority was satisfied conditions had been met. “They should never be withdrawn,” she said, as it made the assumption that the problem will not reoccur.
An enforcer’s perspective was given by Richard Stott, enforcement policy manager at Lancashire Fire and Rescue Service, who told visitors that up to 60% of local SMEs were not even aware of the existence of the Fire Safety Order. Although prosecution was a last resort, there were some who did not consider fire safety a legitimate business expense, so a no-nonsense approach with those responsible was needed.
Lancashire had prosecuted 29 cases since the introduction of the Fire Safety Order in 2006, with a 100% successful conviction rate. Mr Stott warned, however, that the proposed cuts to fire and rescue service budgets could lead to a reduction in enforcement capacity and potentially a decline in fire safety standards.
