bifm lancashire group: the criticality of compliance

BIFM Lancashire Group:

“The Criticality of Compliance”

Mark WhittakerChair, BIFM North

2 | 2017 The Criticality of Compliance


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Today’s Event


AgendaTime Duration Content Lead08:00 –08:45

45 minsWelcome speakersDelegates arrive, registration, breakfast, and networking

BIFM

08:45 – 9.00 15 mins

Introduction: Thanks to hosts and sponsorsPreview future BIFM NW events for 2017Profile of speakersHousekeepingIntroduce event and Twitter #WorldFMDay

BIFM – Mark Whittaker

09.00 –09.45

45 minsFire Compliance management ServicesEffective & efficient ways to manage fire compliance in property

Pete Moulson(FRACS Accredited‐ Fire Compliance Management Services Ltd (FCMS)

09.45 –10.30

45 minsCLC Contractors LtdUnderstanding fire compartmentation and what is required

Glen Furnival & Richard BentleyCLC Contractors Ltd

10.30 –11.15

45 minsEversheds SutherlandKey things you need to know about legal compliance

Charlotte MurrayEversheds Sutherland

11.15 –11.30

15 mins Event summary, Networking & close BIFM – Mark Whittaker


Introduction to today’s speakers

“Protecting you & your premises”

Fire Compliance

The Fire Risk Assessment and BeyondA Hot Topic


Regulatory Reform (Fire Safety) Order 2005 (Commonly known as the RRO or FSO)

• Primary piece of Fire Safety Legislation for England & Wales NB There are equivalent documents for Scotland and Northern Ireland

The Regulatory Reform (Fire Safety) Order 2005 ‘The Articles’ • There are circa of 53 Articles within the Regulations. An

Article – Refers to a subject heading

• In order to avoid Enforcement Action, Compliance with Articles 8 – 22 is Mandatory

• The Articles include ‘Powers of Enforcement’ availableto the appropriate agency

• Provision for an appeal to be made againstunjust enforcement

Article 9 – The Fire Risk Assessment• The ‘Responsible Person’ must be in possession of a suitable

and sufficient Fire Risk Assessment (FRA) completed by a ‘Competent Person’ ‐ PAS 79

• Purpose of the FRA, is to Reduce the Risk of Fire, Identify the People at Risk and the general Fire Precautions required to keep people safe e.g. ‘Relevant Persons’

• FRA to be sufficiently robust to satisfy the scrutiny of a Fire Audit.

• The ‘Responsible Person’ also has the undertaking to Ensure the Person completing the FRA is ‘Competent’

NB The FRA, is only the first stage of achieving compliance with the RRO. Effective Fire Management systems and procedures aligned to the FRA are equally important as outlined PAS 7


Who Enforces the RRO?Fire & Rescue Service (FRS) ‐ Their Role: To achieve ‘Broad Compliance’

How: Through a programme of planned inspections/audits, the FRS can and will:• Enter premises at any reasonable time• Inspect/audit premises• Make enquiries to assess compliance• Request records and plans

NB Where possible the FRS, do NOT wish to Prosecute

Who is the ‘Responsible Person’?

• The employer (if the workplace is under their control)

• The person having control of the premises

• The owner/landlord• The lead contractor responsible for a

sizable refurbishment or new build project could be treated as the person in control

• Multi‐occupancy buildings it will be the landlord and/or the occupants


The ‘Responsible Person’

Key Responsibilities • Maintain the Safety of all ‘Relevant Persons’ • Choose/nominate a ‘Competent Fire Risk Assessor’ • Implement the ‘Significant Findings’ of the FRA• Have sufficient Systems, Processes and Procedures inOperation to Enable Compliance to be Evidenced

• Maintain up to date records of testing and maintenanceregimes ready for inspection by the Enforcing Authority

• Monitor, Control and Periodically Review the FRA • Review the FRA before, during and after significant changes tothe use or layout of the building/s, especially if changesinvolve the Means of Escape


The ‘Fire Risk Assessor’ Guardian of Compliance

The Role of the Fire Risk Assessor:

• Complete Suitable & Sufficient Fire Risk Assessments to enable the ‘Responsible Person’ Achieve Full Compliance

• Guide Organisations on How to Achieve Compliance applyingBest Practice

• Where possible, provide Cost Effective Solutions to IssuesIdentified during the FRA

• Ensure ‘Business Continuity’ is Central to the Completion ofthe FRA

• Where Required, Liaise with the FRS on behalf of theOrganisation

Guidance on Competency of a Fire Risk Assessor

Guide issued by the Fire Risk Assessment Competency Council in 2013

Can I do it myself? YES

Duty holders particularly in small or low risk premises may be able to carry out their own FRA using the appropriate guidance and generic documentation.

HOWEVER, YOU NEED TO KNOW YOUR LIMITS!“Protecting you & your premises”


The Duty Holder – The ‘Responsible Person’

Not expected to be an expert in Fire, retains the responsibility for ensuring the adequacy of the FRA and check to ensurethe competency of the Fire Risk Assessor is credible.




In principal, there are two methods by which people can demonstrate competence:

• Professional Body Registration Schemes e.g. IFE, IFPO or IFSM

• UKAS Accredited Scheme (Company or Person) accredited for the activity e.g. FRACS




First and Most Important Step to Achieving Compliance:

Be in possession of a ‘Suitable & Sufficient’ Fire Risk Assessment (FRA)(Compliant with Articles 8 – 22)

Must be in writing if 5 or more employees


Where does it apply?

• All Buildings, Workplaces and Structures (Temporary or Otherwise) and frequently includes Empty Properties

• Does NOT apply to Private Dwellings but would include common areas of flats and HMO’s.

What is a Good Fire Risk Assessment, Give Us a Clue!


What Happens if I Don’t Comply?Before a Fire – ‘Reputational Risk’ – Does it Matter? FRS will scrutinise the FRA during an audit. If found lacking, the FRS can and will action one or more of the following:• Issue a ‘Notice of Minor Deficiencies’• Issue an ‘FRA Action Plan’• Initiate ‘Enforcement Action’ and/or • Depending on the severity, commence Prosecution Proceedings and/or

• Issue a ‘Prohibition Notice’ • Dependent on the circumstances the FRScan issue an ‘Alterations Notice’

What Happens If I Don’t Comply? 24th March 2016, Tyne and Wear Fire and Rescue ServiceDefendant charged with five failures to comply with The Regulatory Reform (Fire Safety) Order 2005.Fined £380,000 plus Costs £29,222Total fine of £409,222

7th September 2015, Devon and Somerset Fire and Rescue ServiceDefendant charged with:• failure to provide a suitable fire risk assessment, • failure to provide a suitable working fire detection and alarm system, • failure to provide suitable means of escape, • failure to maintain systems and equipment provided for fire safety purposes. Fined £22,500 plus £6,242 in costs

13th June 2014, Lancashire Fire and Rescue ServiceDefendant charged with 15 breaches of the Fire Safety Order, including:• failure to maintain suitable escape routes, • failure to provide an adequate fire alarm and detection system, • and failure to provide a suitable emergency lighting system.18-month jail sentence; Ordered to pay £5,243 in costs.

What Happens If I Don’t Comply?

13th June 2016, South Wales Fire and Rescue ServiceDefendant charged with:• Not co-operating adequately with South Wales Fire and Rescue Service, under Article 27 of the

Regulatory Reform (Fire Safety) Order 2005Fined £6,000 plus Cost £7,423.09Total fine £13,423.09

15th April 2016, Merseyside Fire and Rescue ServiceDefendant charges included:• Inadequate fire precautions• No Fire Risk Assessment• Failure to ensure public safety• No emergency lighting• No fire alarm systemSentenced to 8 months, suspended for 2 years, a 2 year supervision order, 150 hours unpaid work plus Fine £1,200


17th June 2016, Cheshire Fire and Rescue ServiceDefendant charged with serious breaches of the Regulatory Reform (Fire Safety) Order 2005Charged with:• Inadequate fire risk assessment• Lack of compartmentation• No evacuation procedure• No evacuation chairs for means of escape from upper floors• Inadequate fire detection• Poor maintenance• Inadequate staff trainingFined £40,000 plus Cost £19,283Total fine £59,283


24th June 2016, Cheshire Fire and Rescue ServiceDefendant charged with:Four breaches to comply with The Regulatory Reform (Fire Safety) Order 2005.• Inadequate fire safety assessment• Insufficient smoke and fire detection• Failure to demonstrate evacuation procedures• Compromised compartmentationFined £40,000, plus Costs £15,000Total fine of £55,000

Defendant - Former fire fighter Charged with failure to carry out a suitable and sufficient risk assessmentSentenced to 4 months, suspended for 12 months plus costs £1,600


London FRS ‐ Shell• Blocked escape routes• Blocked fire exits• Defective fire doors• Excessive fire loadingFined £300,000!


What Happens If I Don’t Comply? After a Fire ‐ Reputational Risk ‘Gone up in Smoke’

FRS will investigate the circumstances surrounding the Cause and Severity of the Fire Incident.

Depending on the outcome, the FRS have various options available. If the cause is attributed to the inadequacy of the FRA or, the ‘Responsible Person’ has failed in their duty, depending on the severity is almost a certain Fast Track to Prosecution.

Insurance Companies will find the result of the FRS Investigation of concern. As such a claim may not be upheld. Moreover, 60% of Businesses NEVER recover from a serious Fire


London FRS – New Look Following a fire at their Oxford Street store• Insufficient staff training• Storage blocking escape routesFined £400,000!



What Do I Do Next?

Evaluate: Do you comply?

If the answer is Yes, fantastic, well done…..

If on the other hand you DO NOT or you remain unsure, you need HELP!

So What’s the Solution…

? ? ?

The FCMS Fire Compliance SchemeOne Complete Solution ‐ 4 Simple Steps:Step 1 ‐ The Evaluation – You’ve already done!Step 2 ‐ The Gap Analysis ‐ Initial Compliance Review and provision of new FRA Step 3 ‐ Entry onto the Fire Compliance Scheme

‐ Implementation of significant findings‐ Liaison with fire authority ‐ Provision of bespoke fire compliance documents‐ Fire Training ‐ Fire Warden, Fire Safety Awareness Training ‐ Award a ‘Certificate of Membership’ into the Fire Compliance Scheme

Step 4 ‐ Periodic Compliance Review ‐ Renewal of Fire Compliance Scheme

Providing our guidance is followed, ’Compliance is Assured!’ We Guarantee it.


What is included within the Complete Package

• Creation of a new/revised Fire Policy – following the creation of thisdocument by FCMS, the ‘Responsible Person’ would be advised to readand endorse the content of the policy document and once fully acceptedand understood, would be asked to sign the document accordingly

• Provision of a new/revised site specific Fire Emergency Plan• New Site Specific Fire Evacuation Procedure based on the Fire Warden

Sweep Search system and NOT the roll call, however, the completion of the class registers would remain as an integral element of the process

• Fire Equipment Maintenance Recording Processes which includes copies of test sheets

• Basic Fire Training Package ‐ Annual provision of Fire Safety Awareness Training for All staff by elearning. Certificates will be awarded to all attendees which are valid for 1 year.

What is included within the Complete Package• Site Specific Training an agreed number 3 hour training workshops and/or

elearning packages for Fire Wardens based on 2 x courses per day.Management Training as Required. Certificates will be awarded to allattendees which are valid for 1 year.

• Client Access to Website Portal + Submission of hard copy reports andother Fire Compliance documentation in one of the FCMS Fire ComplianceManagement folders

• Multi‐site IT Administration Platform – National, Regional or IndividualSite Records highlighting non‐compliant Hotspots

• Remote assistance during the implementation of the Fire Regulations and(where required) providing on‐going remote advice/support to the SeniorManagement

• Remote liaison with the Fire Authority (as required) • Award of ‘Certificate of Membership’ into the Fire Compliance Scheme • Attendance to carry out the Annual Fire Risk Assessment Review (FRA)


Should you require advice on anything contained within this presentation, please call 0844 332 0445 or email

[email protected]

Thank you for Listening

‘A reputation to maintain’

Welcome to the CLC Contractors Limited Passive Fire ProtectionSeminar

Glen FurnivalFire Protection Manager

Presented by;

Objectives

Review the Key requirements of the relevant legislation

Increase your understanding of compliant passive fire protection

Highlight common misconceptions

Increase your awareness of Legal Implications

Key requirements of the relevant legislation

The Government is committed to regulatingonly where necessary and in a way that is moresuited to the needs of modern business.That is why the order was made, under theRegulatory Reform Act 2001. It replaces mostfire safety legislation with one simple order.

What is the Regulatory Reform Order 2005?

It means that any person who has some level of control in premises must take reasonable steps to reduce the risk from fire and make sure people can safely escape if there is a fire.


Where does the order apply?


The order applies to virtually all premisesand covers nearly every type of building,structure and open space.


For example, it applies to:

• Offices and Shops• Premises that provide care,

Including care homes and hospitals• Community halls, places of worship

and other community premises• The shared areas of properties several

households live in (housing laws may also apply)• Pubs, clubs and restaurants• Schools and sports centres


• Tents and Marquees• Hotels and Hostels• Factories and Warehouses

It does not apply to:

• People’s private homes, including individual flats in a block or house.


You must:

What are the main rules under the order?

• Carry out a fire‐risk assessment identifying any possible dangers and risks

• Consider who may be especially at risk• Get rid of or reduce the risk from fire as

far as is reasonably possible and provide general fire precautions to deal with any possible risk left


• Create a plan to deal with any emergency and, in most cases, keep a record of your findings;

• Take other measures to make sure there is protection if flammable or explosivematerials are used or stored

and• Review your findings when necessary


Under the order, anyone who has control ofpremises or anyone who has a degree of control over certain areas or systems may be a ‘responsible person’.

Who is responsible for meeting the order?

For Example;


• The employer for those parts of premises staff may go to

• The managing agent or owner for shared parts of premises or shared fire safety equipment such as fire‐warning systemsor sprinklers

• The occupier, such as self‐employed people or voluntary organisations if they have anycontrolOr

• Any other person who has some control over a part of the premises


Although in many premises theResponsible person will be obvious,there may be times when a numberof people have some responsibility.


How do I meet the order?

If you are the responsible person, youmust make sure you carry out a fire‐risk assessment although you can pass thistask to some other competent person.However, you will still be responsible, inlaw, for meeting the order.


The responsible person, either on their own or with any other responsible person, must as far as is reasonably practical make sure that everyone on the premises, or nearby, can escape safely if there is a fire.


This is the building regulation covering all things relating to fire safety,

Approved Document B

Means of escape

Including;

Fire Spread

Structural Fire Protection

Fire Service Access


“In the Secretary of States view, the requirements of B3 will be met if…..

… any openings in fire‐separating elements.. are suitably protected in order to maintain the integrity of the element;

… hidden voids.. are sealed and subdivided to inhibit the unseen spread of fire and products of combustion”

… the building is sub‐divided by elements of fire‐resisting construction into compartments;

Fire / Cavity Barriers and Cladding


“Every joint or imperfection of fit should be adequately protected by sealing or fire‐stopping”

“The building shall be designed .. so that the unseen spread of fire and smoke .. is inhibited”

“all openings .. should be .. fire‐stopped (which in the case of a pipe or duct, should allow for thermal movement)”


How is this achieved?

Fire floors

FF = Fire floors

Fire walls

FW = Fire walls

FW FW

FWFW

FF

FF

FF

FF

FF

FF

Compartmentation – (Fire resisting compartments)

Fire Stopping


Building Regulations state:

“The .. product .. should be in accordance with a specification or design which has been shown by test to be capable of meeting that performance or have been assessed from test evidence against appropriate standards” Appendix ‘A’ 1A

Smoke and flame products will be tested to do the job.Products used will be the same as tested.Installation will be in accordance with tested system.


Building Regulations state:Smoke and flame products will be tested to do the job.Products used will be the same as tested.Installation will be in accordance with tested system.


Building Regulations state:

Smoke and flame products will be tested to do the job.Products used will be the same as tested.Installation will be in accordance with tested system.

“Third party accreditation .. of installers of .. materials.. provide a means of ensuring that installations have been conducted by knowledgeable contractors to appropriate standards, thereby increasing reliability of the anticipated performance in fire.” ADB 0.20

Third Party Accreditation

FIRAS Installer Certification Scheme

FIRAS certification started in 1994 and has been instrumental in improving standards of installation of fire protection products/systems to the benefit of the construction industry and the clients it serves.

FIRAS is voluntary, third party certification for installation contractors of both passive and active fire protection systems, operated by Warrington Certification, and accredited by UKAS to EN45011.

Third Party Accreditation

Why choose a FIRAS certificated installation contractor?FIRAS certificated contractors are required to undergo a 3 stage assessment process. And, only when the applicant contractor has satisfied all of these criteria is certification granted:

Assessment of office management systems Assessment of workmanship of site for all trade

disciplines for which certification is sought. Competence assessment of supervisory and

installation employees.

Correct Specification and Installation of Firestopping

Fire Doorsets

The Purpose of Fire Doorsets

Quotes from the BWF Website, advice to Fire Risk Assessors and Clients;

“We expect a jobbing builder or small contractor to be able to install a complex engineered fire safety device, from bits bought from . . .?? What he doesn’t realise is ALL of the components have to be able to work together to ensure the door assembly will work effectively in the event of a fire.”

Fire Doorsets

“A new building must (should) comply with current building standards / regulations.”

“What we’re finding under the RRO is many buildings DID NOT comply with building standards –and many CLIENTS are picking up the pieces.”

“Stringent Installation guidelines must be adhered to in order that any fire door or doorset performs in the event of a fire situation”

Fire Doorsets

Common Misconceptions

Fire Foam – “4hr FR” ??

“Acts as a fire seal in accordance with BS476 Part 20 and meets Class B1 of DIN 4102 Part 1.”

Common Misconceptions

225mm

15mm

Test Detail

Common misconceptions

Common misconceptions

“The Fire Brigade will get everybody out of the building”

Stay Put? Or Horizontal Evacuation?

Correct Specification and Installation of Firestopping

SO…

TOTAL COMPLIANCE

OR…

TOTAL IGNORANCE

YOU CHOOSE...

Why Seconds Count!

Ignorance!

CHEST ESCHAROTOMY – Surgical burns procedure, considered when a circumferential burn of the chest wall results in respiratory compromise by restricting normal chest wall movement.

Legal Implications

Corporate ManslaughterThe Corporate Manslaughter and Corporate Homicide Act 2007 is a landmark in law. For the first time, companies and organisations can be found guilty of corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of care.

The Act clarifies the criminal liabilities of companies including large organisations where serious failures in the management of health and safety result in a fatality. Although the new offence is not part of health and safety law, it will introduce an important new element in the corporate management of health and safety.

Legal Implications

Prosecutions will be of the corporate body and not individuals, but the liability of directors, board members or other individuals under health and safety law or general criminal law, will be unaffected. And the corporate body itself and individuals can still be prosecuted for separate health and safety offences.

A number of cases have now been heard in the Courts with some, although not all, leading to successful Corporate Manslaughter convictions. Cases include:

Prosecutions

UPDATED February 2016 ‐ Sherwood Rise Limited –charged with corporate manslaughter, fined £30,000 and company director jailed for three years and two months

December 2015 ‐ Baldwins Crane Hire Limited convicted of corporate manslaughter and fined £700,000 plus costs

July 2015 ‐ CAV Aerospace Ltd. convicted of corporate manslaughter and fined £600,000 and £400,000, plus costs of £125,000

JULY 2015 ‐ Huntley Mount Engineering, fined £150,000 for corporate manslaughter and company director jailed for eight months

You have a responsibility!

Fire Safety – “It’s a legal requirement!”

Summary

Firestopping is not optional – Law(All compartment breaches)

Products must be tested for the application

Products used must be as tested

Installation methodology critical

Fire Safety Compliance British Institute of Facilities Management

17 May 2017Charlotte MurrayAssociate

Fire Safety Compliance: the law The Regulatory Reform (Fire Safety) Order 2005

Eversheds Sutherland | 22 May 2017 |

The “Responsible Person”

─ Employer

─ Landlord/Owner

─ Occupier

─ Management company/agent (?)

Use Insert tab, Header & Footer to change this text, then Apply to All to change on all slides 3


Legal requirements include:

Fire Safety Duties

─ suitable and sufficient risk assessment (regulation 9)

─ firefighting and fire detection (regulation 13)

─ emergency routes and exits (regulation 14)

─ maintenance (regulation 17)

─ provision of information to employees (regulation 19)

─ training (regulation 21)



The Inspector’s powers

─ Section 101 of the Local Government Act 1972

─ Fire and Rescue Services Act 2004

─ Article 27 of the Regulatory Reform (Fire Safety) Order 2005.

─ Obstruction offence



Rights of entry

• Residential premises such as Houses in Multiple Occupation

• Commercial premises such as hotels, shops etc. at any reasonable time with or without notice.

• Warrants


Fire Safety Enforcement


Purpose of enforcement

─ ensure the duty holders take action to immediately deal with serious risks

─ promote and achieve sustained compliance

─ hold the duty holder to account



Types of enforcement

─ Verbal advice

─ Notification of fire safety deficiencies

─ Alteration notice (Article 29)

─ Enforcement notice (Article 30)

─ Prohibition notice (Article 31)

─ and/or Prosecution



Service of a Notice

─ Company at location and/or head office

─ Personally at premises or first class post



Effect of a Notice

─ Enforcement notice.

─ Prohibition notice.

─ Appeal to the Magistrates Court within 21 days by way of a complaint.



North Yorkshire

Fire Safety Audits carried out by fire authorities 2015-2016The Statistics

─ Number of audits: 63,201

─ 25 enforcement notices served

─ 11 prohibition notices served

─ 4 prosecutions

─ 120 premises satisfactory following enforcement action


What happens next?


Evidence gathering

─ Article 27

─ Witness interviews (voluntary)

─ PACE interview



Do you have a defence?Fire Safety Consultants

─ Extent of due diligence prior to instruction

─ Negligence and breach of contract

─ Is this a defence?

Cheshire Fire and Rescue Service v Graham Foote



Sentence

─ Either way offences

─ For offences committed after 12 March 2016 unlimited fine

─ Up to 2 years imprisonment for individual

─ Health and Safety and Food Safety Guideline do not apply BUT the Judge can (and has) “considered” but not directly applied.

─ Prosecution costs


Case analysis


London Fire Brigade v Lakanal House

─ Lakanal House fire on 3 July 2009

─ Southwark Council

─ London Fire Brigade investigation

─ Inquest hearing

─ Proceedings commenced

─ Judicial Review application

─ Sentencing hearing


Brexit: Where next for Fire Safety?


EU influence on Health and Safety legislationBrexit: Where next for Health and Safety?

20

─ Directly applicable legislation

─ EU Directives

─ The Regulatory Reform (Fire Safety) Order 2005


Questions?


eversheds-sutherland.comThis information pack is intended as a guide only. Whilst the information it contains is believed to be correct, it is not a substitute for appropriate legal advice. Eversheds Sutherland (International) LLP can take no responsibility for actions taken based on the information contained in this pack.

© Eversheds Sutherland 2017. All rights reserved.

Charlotte MurrayAssociate 0113 200 4169