7. Part 3 of the Fire (Scotland) Act 2005, as amended, and related subordinate legislation makes provision in relation to fire safety in certain premises. These premises are defined in Section 78 of the Act but are predominantly most premises which are not private dwellings. The Act and related subordinate legislation covers general fire safety which includes risk reduction measures, means of fire warning, fire-fighting, escape and staff training and instruction.
8. The guidance in this document is applicable to general fire safety in premises used as an office, or shop or for similar activities. This includes buildings or premises used for:
9. It is also suitable for individual units or occupancies within larger multi-use and/or multi-occupied complexes, such as shopping centres where there is a need for co-ordination and to take account of the overall fire safety arrangements in the complex.
10. Enclosed shopping centres can be extremely complex in their design, with large fire loads and large numbers of people all within a complicated series of spaces, where most people are relatively unfamiliar with the layout and may only know one way in or out of the building. Fire safety design in complexes will often require specialist advice and a flexible design approach with performance related objectives using fire safety engineering methods to produce bespoke fire safety measures. Benchmarks for enclosed shopping centres up to 2 storeys are contained in Technical Annexe 13.15. Fire engineering advice should be sought for enclosed shopping centres with malls on three or more storeys.
11. Parts of premises may be substantially put to a functional use which falls within the scope of another fire safety guide. For example, a museum may contain a large shop, offices, public assembly rooms and workshop areas. Where there is multiple functional use within premises, it may be appropriate to check whether there is a specific fire safety guide which is more appropriate for that area.
12. The fire safety provisions in Part 3 of the Fire (Scotland) Act, as amended, take precedence over terms, conditions or restrictions in licences which relate to fire safety. Section 71 of the Act makes it clear that terms, conditions or restrictions in licences - including statutory certification or registration schemes - are to have no effect if they relate to fire safety requirements or prohibitions which are, or could be, imposed under Part 3 of the Act.
13. Where possible, this guide does not set down prescriptive standards, but provides recommendations regarding the fire safety risk assessment process, the reduction of risk and guidance on fire safety measures that can be implemented to mitigate risk. It is not necessary to follow the recommendations of this guide if other fire safety risk assessment methods or fire safety measures which achieve the same end, are used. In some premises, the fire safety measures already in place may not be the same as those referred to in this guide as benchmarks, but so long as it can be demonstrated that they meet the requirement of the outcomes of the risk assessment and provide a suitable level of fire safety, they may be acceptable. This means there is no obligation to adopt any particular solution in this guide if the outcomes of a fire safety risk assessment can be met in some other way.
14. Where the premises are, or include a listed building (a building of special architectural or historic interest, included in a list compiled by the Scottish Ministers), there may be a need to consider the character of the building inside as well as out. Measures to prevent fire, to limit its spread, and to ensure life safety will be as necessary in a historic building as in any other. Before changes are made, advice should be obtained from the local planning authority as to whether Listed Building Consent may be required. Alternatives could be considered to some of the conventional fire safety measures set out in the Technical Annexes, as these may, in some cases, harm the character of historic buildings. A fire engineering approach combining automatic fire detection, fire suppression system and smoke control is recommended in the Historic Scotland Technical Advice Notes 11, 14, 22 and 28.
15. All new buildings, including premises used as an office, shop or for similar activities, must be designed to the mandatory standards under the Building (Scotland) Regulations 2004. Guidance on the design and construction of new buildings is contained in the Scottish Building Standards Technical Handbook for Non-Domestic Buildings. Similarly buildings which undergo extension, structural alteration or change of use should also meet the same standards and be subject to building warrant approval, if required.
16. In many premises, existing fire safety measures have been incorporated in accordance with Building Regulations. Nothing in this guide should be interpreted as permitting a reduction in the standard of fire safety measures where they have been provided to comply with Building Regulations. It is possible for a standard higher than that required by Building Regulations to be necessary and appropriate as a consequence of a fire safety risk assessment.