EFFECTIVE FROM 1st OCTOBER 2006
The Fire Scotland Act was brought in to law to provide a less rigid, risk assessment based approach to fire safety. Previously the Fire Precautions Act along with over one hundred other fire related legislation enforced a very rigid fire certificate based program.
The fire certificate was a complicated document that took great time and effort and expense to produce and once produced was very difficult to alter. The Fire Scotland Act now requires regular assessments that still maintain the requirements and principles of the Fire Precautions Act.
The major difference with the Fire Scotland Act is that for the first time Residential properties are included within the scope of the act. The only residences that are fully exempted from the act are:-
A house which is occupied as a single private dwelling
Any dwelling that has common parts (shared usage, i.e. common staircase, hallway, or facilities, will need a fire risk assessment).
THE FIRE SCOTLAND ACT WILL APPLY TO
All places where people work or gather.
All residential premises other than single private dwellings.
The Responsible Person
Where a person has an obligation, by contract or tenancy in relation to.
1. the maintenance or repair of any premises or,
2. the safety of the premises.
That person is the responsible person
The responsible person must take such ‘General Fire Precautions’ as may reasonably be required in the circumstances to ensure that the premises are safe.
General Fire Precautions means:-
1. Measures to reduce the risk of fire on the premises and the risk of spread of fire
2. Measures in relation to maintaining the means of escape from the premises.
3. Measures for securing that, at all material times the means of escape can be safely and effectively used.
4. Measures in relation to fighting fires on premises
5. Measures in relation to detecting a fire and of giving warning of fire.
6. Measures in relation to the action to be taken in the event of fire
Particular attention is required where people are most at risk for example persons who sleep on the premises, persons who have disabilities, in fact any reason that may cause a person to be delayed in the evacuation of premises.
The responsible person must make a suitable and sufficient assessment of the risks (fire risk assessment) for the purpose of identifying the general fire precautions needed to comply with the requirements or prohibitions imposed. A fire risk assessment should be carried out by a competent person ( a competent person is one who has sufficient experience, training or suitable fire engineering qualifications to undertake a fire risk assessment).
The responsible person must record the significant findings of the assessment including the measures that have or will be taken, and identify any group of persons being especially at risk e.g. persons with disabilities or persons sleeping on the premises. Written records of any assessment are not required where less than 5 persons are employed.
The Responsible Person must make and give effect to such arrangements as are appropriate, having regard to the size of the undertaking and the nature of its activities for the effective planning, organization, control, monitoring and review of the preventative and protective measures.
The Responsible Person must ensure that:-
1. The premises is equipped with appropriate Fire Fighting Equipment, Fire Detectors and Alarms
2. Any non automatic Fire fighting Equipment provided is easily accessible, simple to use and indicated by signs.
3. The means of escape are kept clear at all times
4. Establish an appropriate procedure to be followed in the event of serious or imminent danger
5. Nominate a sufficient number of people to evacuate persons from premises in the event of fire
6. To ensure that any facilities or equipment provided are tested and maintained in an efficient condition and are in good order
Particular attention is required where people are most at risk for example persons who sleep on the premises, persons who have disabilities, in fact any reason that may cause a person to be delayed in the evacuation of premises.
All previous fire safety legislation will be repealed in favour of the FIRE SCOTLAND ACT (including recommendations on fire certificates)
All fire safety measures will be risk assessment based
All assessments to be reviewed either where sufficient change has occurred or a significant time period has elapsed (Commercial premises 1 year would be a significant period of time for normal risk premises) (Residential properties may be suitable over greater time periods depending upon building type and conditions).
COMPETENT PERSON
A risk assessment should be carried out by a competent person, this was defined in the guides as a qualified fire engineer or a person who has previous experience of fire safety i.e. an experienced fire officer, or similar experience.
ENFORCEMENT
The local fire authority has been charged with enforcing this new legislation and will no longer carryout fire safety inspections other than checking the buildings current fire risk assessment.
The authorities have powers of entry and can issue an alterations notice an enforcement notice and prohibition notices. Failure to comply with any such notice is an offence.