FIREX International 2018


be ‘tight as a drum’. A simultaneous evacuation is normally unnecessary, but on occasions the fire service decides to evacuate the building. Occupants need to use the common stair, sometimes while firefighting is in progress, and BS 9991 has measures to protect common stairs so they remain useable over an extended period. Mr Sibert warned that a ‘waking watch’


(instigated in some buildings to alert residents and initiate evacuation) could be used as an interim measure to compensate for poor compartmentation. He deemed that where compartmentation has failed, a second stair would make no difference. Fire alarm systems to protect vulnerable occupants clearly need to be reliable and sprinklers can provide reliable control of fires, but again, compartmentation must work and there must still be no potential for external fire spread. If ADB is followed, flats have 60 minutes’


fire resistance; the building skin is protected from fire spread; an HRRB is ‘no less safe than a bungalow’; and stay put is workable. ‘Is there really anything better?’, he asked.


Fire safety inspections


London Fire Brigade’s Paul Eastland said fire safety as a legal obligation applies mostly in commercial premises and common parts in residential blocks, but is not enforceable in a single private dwelling. In London, around 500,000 commercial and residential buildings are regulated under the FSO. Fire authorities are the main enforcement agency in non domestic premises, but the Health and Safety Executive and local authority are also empowered. Around 150 LFB fire safety inspecting officers (FSIOs) enforce the FSO, helping stakeholders stay compliant and safe, but do not complete risk assessments. They need to keep abreast of changing construction methods, fire safety and fire engineering technology. Article 27 empowers FSIOs to enter any premises as necessary to inspect it without the use of force, identify the responsible person, consult records, take any necessary copies and test samples. Officers must provide identification and may check the LFB database, where all inspection reports are kept. A detailed site tour usually follows, but in larger buildings only sample areas may be inspected. If more than five people are employed and a licence is required for the premises, the responsible person must provide the fire risk assessment, emergency plan, logs and records of training, evacuation plans and so forth. The duty holder retains responsibility for ensuring the adequacy of a fire risk assessment. Breaches of the FSO can lead to a fine or prison sentence. Mr Eastland explained that LFB can’t inspect every building each year, so a matrix is used to


FOCUS


score risk (according to structure; use; occupancy; sources of fire and fire spread; fire safety management; protection measures; firefighter access and safety, etc) and determine how often premises are reinspected in ‘programmed audits’. Higher risk premises with dangerous contents/ processes, large numbers of people, sleeping risk, vulnerable people or visitors unfamiliar with the building are inspected more often; while lower risk premises include offices and shops. Care homes, sheltered housing, hotels, hostels, residential premises above commercial premises or suffering repeated arson attacks receive ‘targeted audits’, and audits may be conducted urgently post fire or following requests from other parties. Issues most commonly found relate to fire risk assessments, wedging doors open, fire doors, fire alarms, compartmentation, combustible storage, security, and staff training. Five levels of enforcement outcomes range from


broadly compliant/verbal action to enforcement (and consideration of prosecution). Enforcement orders (Article 30) specify reasons for and details of non compliance, and remedial steps required within a time period. A prohibition notice (Article 31) is usually served for issues with means of escape, management of ignition sources, mechanisms for fire development and spread of combustion products. It takes immediate effect – premises cannot be used until failures are rectified. Under a restriction notice, the use of all or part of premises is restricted to specific activities or numbers of people.


Avoiding prosecution


Laura Page, health and safety solicitor with Pinsent Masons, ran through important legal


www.frmjournal.com JULY/AUGUST 2018 37


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