Fire Safety Enforcement Policy
Last updated: 03/04/2013
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The Policy
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of information on the Fire Safety Enforcement policy.
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Supporting
information
Primary Information
1. Introduction
This statement sets out the general policy and
principles which Cornwall Fire and Rescue Serivce (FRS)
expects to follow. It provides guidance for inspectors,
businesses and members of the public and is intended to clearly set
out the aims, standards and values that will be applied.
We aim to provide a consistently high quality
service to the commercial/business community in relation to our
local community safety targets and technical/legislative fire
safety matters in accordance with the Enforcement
Concordat as published by the Better Regulation Unit of
the Cabinet Office. (Details of our Technical Fire Safety
Functional Plan is available on request)
2. Principals
Cornwall FRS carries out Fire Safety
Enforcement work on behalf of the Fire Authority (the
Authority).
The Service believes in firm but fair
enforcement of the Regulatory Reform (Fire Safety) Order 2005 (the
Order). As a result, as is general to the Health and Safety
Commission’s Enforcement Concordat Policy Statement, we aim to
achieve this by the principles of proportionality in applying the
law and securing compliance; consistency of approach; targeting of
enforcement action; transparency about how we operate and what the
regulated may expect; and accountability for our actions.
3. Proportionality
The Service will endeavour to minimise the
cost of compliance for business by ensuring that any action taken,
or advice offered, is proportionate to the risk. As far as the law
allows, we will take account of the circumstances of the case and
attitude of the people involved when considering action. We will
take particular care to work with small businesses and
organisations so that, where practicable, they can meet their legal
obligations without unnecessary expense.
4. Consistency
Consistency of approach does not mean
uniformity, it means taking a similar approach in similar
circumstances to achieve similar goals. The service will therefore
carry out its duties in a fair, equitable and consistent manner.
Inspectors are expected to exercise their professional judgement to
deal effectively with specific matters but, where possible, we will
adhere to standards and guidance referred to below to promote
consistency. We will liaise with other authorities and enforcement
bodies to achieve co-ordination and promote best practice.
5. Standards
The Service will carry out its enforcement and
advisory functions in an equitable, practical and consistent
manner. We will adopt and adhere to policy and guidance
issued by the Communities and Local Government (CLG), the Chief Fire Officers’
Association (CFOA), National European
accepted standards and approved codes of practice (ACOP’s) where
published. National and local targets for the quality of delivery
of service will be identified and incorporated into our
procedures.
6. Openness
The Service will provide information and
advice in plain language on the rules that it applies and will
distribute this as widely as possible. The Service will be open
about how it sets about its work, including any charges that it
sets, consulting business, voluntary organisations, charities,
consumers and workforce representatives. We will discuss general
issues, specific compliance failures or problems with anyone
experiencing difficulties within the legal framework governing the
Service
7. Helpfulness
The Service is of the opinion that prevention
is better than cure and that its role therefore actively involves
working with business, especially small and medium sized
businesses, to advise and assist with compliance. We will provide a
courteous and efficient service and our staff will identify
themselves by name. We will provide contact points and telephone
numbers for further communications dealings with them and will
encourage business to seek advice/information. We will also strive
to co-ordinate our services effectively to minimise unnecessary
overlaps and time delays.
8. Fairness
The Service will treat all people equally and
fairly; we will respect their privacy, dignity and pay particular
attention to those with special needs.
9. Transparency
We will help those responsible (the responsible person) for
complying with the Order to understand what is expected of them and
what they should expect from the Service. We will distinguish
between statutory requirements and advice or guidance about what is
desirable but not compulsory to meet the legislation.
10. Accountability
The Service is accountable to the public for
it’s actions. This means we must have policies and standards
against which we can be judged, and an effective and easily
accessible mechanism for dealing with comments and handling
complaints.
11. Complaints
The Service has in place a complaint
procedure. Further information is available on request or visit the
webpage: Cornwall Council Complaints Procedure. In
cases where disputes cannot be resolved, any right of complaint or
appeal will be explained, including details of the process and the
likely time scales involved. We aim to resolve issues quickly and
effectively and to learn from the outcomes.
12. Targeting
Our policy on inspections will be to focus
primarily on those whose premises/workplaces and activities giving
rise to the most serious risk to life. We will maintain a
strategy that will identify and assess the risks within
premises/workplaces and the community and allocate resources to
carry out inspections accordingly. Where enforcement action
is necessary we will identify the person responsible for creating
the risk. This may be the owner, occupier, employer, manager or
other responsible person. We will seek compliance and may
take action against those regarded as primarily in breach of the
legislation.
13. Enforcement Procedures
The Service will seek compliance with the law
by offering the responsible person information and advice both
verbally and/or in writing. This will include an explanation of why
any specified work is necessary and a time period for completion.
Legal requirements will be clearly distinguished from best practice
or non-statutory fire safety advice. We may deal with this by
informal means or where appropriate we may serve, alterations,
enforcement and prohibition notices, issue formal cautions, and may
prosecute. Before formal enforcement action is taken (unless
immediate action is required to reduce the risk to life or to
prevent evidence from being destroyed), inspectors will provide the
person responsible with an opportunity to discuss the circumstances
of the case and, if possible, resolve points of difference.
Where immediate action is considered
necessary, an explanation of why such action is required
will be given at the time and confirmed in writing in most cases
within 5 working days and in all cases within 10 working days.
Where in our opinion particular premises
could, as a result of any future change of circumstances to the
premises or to the use of the premises, result in a significant
increase in risk to people using the premises, we may serve on the
responsible person an Alterations Notice requiring the responsible
person, before making any changes, to notify us of the proposed
changes.
Where there are rights of appeal against
formal action, advice on the appeal mechanism will be clearly set
out in writing and issued with the
documentation.
All staff that take enforcement decisions will
be required to follow the principles and guidance in the
‘Enforcement Management Model’ (EMM) issued by the Health and
Safety Commission’.
The Service may, where it is considered
necessary to focus attention on what preventive and protective
measures are necessary to achieve compliance with the Order, issue
additional guidance to the responsible person in the form of an
action plan.
14. Dealing with Contraventions
Where less serious deficiencies are discovered
during a visit to premises/workplace, an informal notification
identifying those matters considered to be failures to comply and
the steps considered necessary to remedy the failures, will be
issued.
Premises with more serious deficiencies will,
in most instances, initially be dealt with as above. Where the
situation remains unresolved after 28 days, the issue of an
Enforcement Notice may follow. If however the risk in the case of
fire is such, that enforcement cannot be delayed, immediate
enforcement action will be taken.
Where dangerous conditions are found and the
Service are of the opinion that the use of the premises/workplace
involves or will involve a risk to persons in case of fire so
serious that the use of the premises ought to be prohibited or
restricted and that risk cannot be remedied immediately. The
Service will issue a Prohibition Notice prohibiting or restricting
the use of the premises.
The failure to comply with an alterations,
prohibition or enforcement notice constitutes an offence and may
result in prosecution of the person responsible.
Alterations, Enforcement and Prohibition
Notices might be withdrawn at any time but should be deemed to be
in force until such time as it is withdrawn or cancelled by the
court.
Where firefighters’ switches for high voltage
luminous tube signs are installed or are proposed to be installed
in or on premises to which the Order applies. The Authority may, if
the position, colour and marking does not comply with the current
regulations of the Institution of Electrical Engineers, serve a
notice on the responsible person any such reasonable requirements
as the Authority may impose to secure that the cut-off switch is
readily recognisable by and accessible to fire-fighters.
15. Formal Cautions and Prosecution
Formal cautions and prosecution are important
ways to bring those responsible for alleged breaches of the law to
account. Where appropriate, we will use one of these measures
in addition to issuing an enforcement or prohibition notice.
A formal caution is a statement by the Service
that is accepted in writing by the responsible person, that the
responsible person has committed an offence for which there is a
realistic prospect of conviction. A formal caution will only
be used where a prosecution could be properly brought. It will be
kept on file for 3 years and if the responsible person is convicted
for a further offence in that period, it will be introduced to the
court.
A prosecution may be taken following full
consideration of the many factors arising from the alleged breaches
of the law. These will include:-
- The seriousness of the offence (the severity
and scale of potential and actual risk and the seriousness of any
breach of law).
- The previous history [including the safety
performance of the party (the responsible person) concerned]
- The willingness of the party to correct the
situation and prevent a recurrence of the problem
- An acceptable explanation for the occurrence
(the breach in law)
- The likelihood of the accused being able to
establish a satisfactory defence
- The probable public benefit of a successful
prosecution
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Supporting Information
Public Risk Register
In accordance with the “Environment and Safety
Information Act 1988” the Service is obliged to enter details of
certain notices called “relevant notices” into a register which the
public have access to Public Risk Register. Further details are
available on request.
Data Protection
The Service will comply with the principles of
the Data Protection Act 1998 governing the use of personal data
received or obtained and will respect the rights and freedoms of
those individuals when processing their details. The
following document (data protection policy statement) lays out our
strategic approach to meeting the legal requirements. (Details are
available on request and on our website: Data
Protection
Freedom of Information
Under the Freedom of Information Act 2000,
individuals are given ‘a general right of access to information
held by public authorities in the course of carrying out their
functions subject to certain conditions and exemptions’. Under
Section 19 of the Act, public authorities are required to produce a
publication scheme setting out details of the information routinely
published or made available, how the information is made available
(in hard copy and on-line), and whether it is available free of
charge or on payment. Details of The Service’s publication scheme
is available on request and on our website: Freedom of Information
Education and Information
Educating, informing and advising responsible
persons about their duties under fire safety legislation will form
a fundamental element of our enforcement regime. The Service will
fulfil its obligation under section 6(2) of the Order to give
on request, advice on fire safety free of charge.
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