Fire Safety Legislations - Essay Example

155081 FIRE SAFETY LEGISLATIONS Fire safety measures today have become part of life, home, business, school, anddominate national day-to-day happenings. This report contains various similarities and dissimilarities between 2005 Fire Safety legislation and the preceding orders. The previous and existing mode and material of construction, mostly ruled by country's weather, are highly prone to fire and hence, the necessity of fire safety. Ongoing terrorism has added an unprecedented angle to it. INTRODUCTION: Fire fighters are perhaps one of the oldest institutions in United Kingdom and still remain more of a service-oriented profession with noble ideals and goals. Many fire safety legislations have come into practice in recent decades and have reduced injury, death and calamity. Fire Precautions Act 1971 was the first exclusively fire devoted act and this was the result of the Report of the Holroyd Committee in 1970 which recommended that the law pertaining to fire safety should come under two branches: one that would apply to new and altered premises and other, to apply exclusively to premises that were already occupied. Committee found it so important that fire safety regulations should branch out to become more effective and understood by people, and this was necessary looking at the risk involved. In july 2002, the Office of the Deputy Prime Minister issued a Consolidation paper for further reforms on fire fighting legislation and amending wherever necessary, with a view to make it more understandable and less intimidating. New legislations are proposed to be introduced, dropping the certification which was made compulsory under the Fire Precautions Act 1971. Next major piece of regulation was The Fire Precautions (Workplace) (Amendment) Regulations 1999 to be followed by The Regulatory Reform (Fire Safety) Order 2005 and this Report tries to map the differences and similarities between them. DISCUSSION: In Fire Precautions Act, 1971, all commercial premises were asked to get certificates while domestic premises were partially excluded. "Houses occupied as single private dwellings are exempt, but the fire authority has powers to make it compulsory for some dwellings to be covered by a fire certificate" http://www.healthandsafety.co.uk/firep.htm Premises that require a fire certificate were many and for those premises, obtaining a certificate became mandatory. "The use of certain types of premises has been designated by the Secretary of State as requiring a fire certificate under the Fire Precautions Act 1971 (in Northern Ireland under the Fire Services (Northern Ireland) Order 1984 as amended). There are two designating orders in force in Great Britain - one relates to larger hotels and boarding houses; the other to those factories, offices, shops and railway premises in which people are employed to work" http://www.communities.gov.uk/index.aspid=1124874 Mainly these applied to non-domestic premises and the intention was reducing death and injury and damage. Provisions for reasonable means of escape, inspection were made and officers are entitled to take action to enforce the act. This was further fortified by Building Regulation Act of 1991 that limited internal fire spread including furniture and fittings by more regulations while considerable facilities for fire service was given including rules on fire warning and emergency lighting. Offices, shops, factories were covered according to number of workers. Guidance about storage of flammable materials, means for fighting fire, warning, training of employees, licensed premises, standards of fire precautions, inspection procedures, methods and types of inspection, escape related precautions, notifications of proposed changes were meticulously guided with extensive provisions. Some premises were exempted from fire certificate requirement and standards of exempted premises like factories and offices with only ground floor/basement/first floor power, not using explosive materials etc. had to be proved beyond doubt. Population density, plant room, layout of premises, heating procedures were important issues while considering fire safety at work place and any exemption granted could be withdrawn if circumstances are altered. The Fire Precautions (Workplace) Regulations 1999 was responsible mainly for general fire precautions in the workplace and this order laid down rules that serious offence is assumed if employer does not comply with the fire safety and will be prosecuted with the threat of fine and imprisonment. Enforcement notices which would force the person to make an alteration of the building, rights to appeal against enforcement, suspension of operation when appeal is filed were part of this regulation. The Regulatory Reform (Fire Safety) Order 2005 came into existence with a totally altered viewpoint. By then, world, especially united kingdom had been exposed to many terrorist activities and it was necessary to safeguard the interests and lives of citizens from acts of terrorism, because it was proved beyond doubt that UK born minorities were involved in acts of terrorism. Order provided extensive coverage on alternations notice, CHIP regulations, and dangerous substances and included many more ignitable sources hitherto uncited by earlier regulations. It included fibrous materials, chemical dust that could be used in terrorism activities even though not said so, explosive gases, vapours, and mists. Many more premises that came under 'workplace' now also came under the new regulations (any room, lobby, corridor, staircase etc). General fire precaution has gone beyond the earlier limit even though still domestic premises are kept aside. It also had disapplication of certain provisions on responsible persons like visiting armed forces, any member of police force, and any member of emergency service. General fire precautions remained a duty. The frame of risk assessment has become wider. "There has been a significant change in the matters to which it relates including when the premises, special, technical and organisational measures, or organisation of the work undergo significant changes, extensions, or conversions", http://www.opsi.gov.uk/si/si2005/20051541.htm More of preventive and protective measures were applied now and some of the legislations proved to be universal. Fire safety arrangements, while the core remained the same, got expanded. Elimination or reduction of risks from dangerous substances was added (12). Fire fighting, fire detention, emergency routs and exits are given more importance, and hence, more regulations are involved (14). Areas with imminent danger are given more prominence and are results of extensive study (15). In respect of dangerous substances additional emergency measures were introduced (16) and explosions and dangerous inhalants have been stressed upon while maintenance and safety measures more or less remained the same. Information to employees remained similar to that of earlier rules with identifying more risk related factors. Training of employees is stressed upon more and self-employed have been given more attention, while co-operation and co-ordination even with the general public is stressed upon. Power of the Secretary of State to make more regulations, in light of additional danger, have been stressed upon (24). Number of enforcing authorities has been increased in Part 3 with increased power while enforcement notices and prohibition notices more or less remained the same as in earlier rules. "Before serving a prohibition notice in relation to a house in multiple occupations, the enforcing authority shall, where practicable, notify the local housing authority of their intention and the use which they intend to prohibit or restrict" http://www.opsi.gov.uk/si/si2005/20051541.htm Secretary of State has the power to determine the appeals and complaints. Fire fighters' switches were introduced for luminous tube signs. But it suspended the general fire precautions introduced by Health and Safety at Work, Act 1974 (36) to premises. "Subject to paragraph (2), the Health and Safety at Work etc. Act 1974[36] and any regulations made under that Act shall not apply to premises to which this Order applies, in so far as that Act or any regulations made under it relate to any matter in relation to which requirements are or could be imposed by or under this Order" http://www.opsi.gov.uk/si/si2005/20051541.htm In Shedule 2, Article 53(1) many amendments to earlier provisions are made and it included all the earlier Acts. "The order firmly places the sole responsibility for ensuring fire does not put lives at risk with the 'responsible person', which in most cases will be the employer. At the same time it allows the Enforcing Authority to make sure that the legislation is complied with and sets penalties if it is not" RESULTS: There are many changes in fire safety law. Much more balanced approach with bigger role for alarms, enhanced role of sprinklers, with a better code perspective, that came from experience and as the result of 9/11 and other terrorism activities. Protected construction is given more importance, and role of facility executive is of great significance. Fire fighting has become more strategic with the new Order as 'fire strategy historically is based on prior events'. Detection and suppression, flammability reduction, prevention of ignition and overheat, prioritised strategic activities in industrial organisations, new approach with precursor and root cause detention, taking hidden dangers into consideration and elimination. "From now on the fire & rescue services of the UK will be using risk assessment and risk management to inform decisions about what resources they need, about the best balance of investment between community safety work, fire safety enforcement and about the disposition and the range of their emergency response" http://www.london-fire.gov.uk/news/media/Commissioner_speech_fire2003.pdf Fire safety legislations have shown determination to move forward with the altered times. It is squarely facing the necessities of a highly volatile society and world at large. ONLINE SOURCES: 1. http://www.healthandsafety.co.uk/firep.htm 2. http://www.communities.gov.uk/index.aspid=1124874 3. http://www.opsi.gov.uk/si/si2005/20051541.htm 4. http://www.fire-first.co.uk/index.phppagename=legis 5. http://www.london-fire.gov.uk/news/media/Commissioner_speech_fire2003.pdf Read More