Insurance Brokers and Independant Financial Advice

New Fire Safety Regulations – Employers Be Prepared!

Date: 01 August 2006

News of changes to fire-safety rules due for introduction in October 2006 might be enough to cause some firms to panic says local insurance broker Howell Shone.

They are warning that companies who fail to comply with the new regulations will not only face prosecution, but insurance companies may re-examine their warranties and claim conditions to penalise deliberate offenders by withholding cover.

Director of Howell Shone, Peter Crayford explains the new rules: “At the core of the new legislation lies the fire risk assessment. This is an organised appraisal of your work activities and the workplace to enable you to identify potential fire hazards, and to decide who (including employees and visitors) might be in danger in the event of fire, and their location. You will then evaluate the risks arising from the hazards and decide whether the existing fire precautions are adequate, or whether more needs to be done. To assist in this a guide entitled A Short Guide to Making your Premises Safe From Fire is available online or from the Office of the Deputy Prime Minster at ODPM Publications, PO Box 236, Wetherby, West Yorkshire, LS23 7NB.

A word of warning though, if you have suspended ceilings, it is possible that, over time, additional fittings such as lights, fans and air-conditioning could have compromised your fire protection.

If a property is managed by an agent or there is a facilities management contract in place, it could be the manager who holds responsibility for the fire-risk assessment. The situation will be quite complex in multi-let properties such as offices, because there are likely to be various duty holders responsible for different parts of the building.

If a fire occurs at a premises and the owner has not complied with the new law, they could face prosecution. You also need to check if your insurer has inserted a strict warranty into your policy stating that if fire regulations are deliberately breached, claims will not be met. The new rules are the biggest shake-up of fire safety legislation in decades and oblige employers to be more proactive in preventing fires and protecting people on or around the premises.”

The rules place full liability on the 'responsible person' - usually the employer but possibly also the landlord or occupier or any other person who has control of any part of the premises. They apply to all non-domestic premises, including voluntary organisations and self-employed people with premises outside the home.

The assessment should look at ways to remove or reduce the risks, for example by providing adequate alarm systems and fire-fighting equipment, and ensure there are suitable escape routes. The findings should be recorded and reviewed at regular intervals.

Crayford adds: "The main thing rattling people's cages is that someone will now have to be named as a responsible person and take full corporate liability. In the event of injury or loss through fire, civil proceedings could follow."

The "responsible person" is the employer or person who controls the premises. If there is more than one responsible person - for example, where several businesses occupy one building - every effort must be made to cooperate.

There will also be other changes brought about by the Order, such as making it an offence to interfere with structural features of a building designed to protect fire-fighters.

Under the rules, businesses are expected to keep a written record of their assessment if they employ five or more people. These employees don't have to be based in the same building.

A new assessment should be carried out each time a "significant change" takes place that could affect fire risk. This could be a new piece of machinery or the introduction of flammable materials, for example. It might also be moving desks around, which could affect fire exits.

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