Guidance Booklet

Previous fire safety legislation in Scotland has been replaced by the Fire (Scotland) Act 2005, as amended, and by regulations made under that Act.

Domestic premises do not generally fall within the scope of this Act, but there are exceptions which include those requiring a licence under the Houses in Multiple Occupation mandatory licensing scheme, and care home premises. However, the legislation does require any equipment or facilities provided for the protection or use of fire-fighters and located in common areas of private dwellings to be maintained.

In general, the legislation seeks to ensure the safety, in the event of fire, of persons (whether they are employees, residents, visitors or others) by setting out the rights and responsibilities of persons in respect of fire safety. Basically anyone who has control to any extent of the premises will have some responsibilities for ensuring that those occupying the premises are safe from harm caused by fire.

• Duties imposed by the legislation fall into seven general categories:
• Carrying out a fire safety risk assessment of the premises;
• Identifying the fire safety measures necessary as a result of the fire safety risk assessment outcome;
• Implementing these fire safety measures using risk reduction principles;
• Putting in place fire safety arrangements for the ongoing control and review of the fire safety measures;
• Complying additionally with the specific requirements of the fire safety regulations;
• Keeping the fire safety risk assessment and outcome under review;
• and Record keeping

A fire safety risk assessment is an organised and methodical look at the premises, the activities within the premises, the potential for a fire to occur and the harm it could cause to the people in and around the premises. The existing fire safety measures are evaluated and kept under review to establish whether they are adequate or if more requires to be done. For the purpose of fire safety risk assessment, a hazard is a situation that can give rise to fire; and risk is the potential for a fire to occur (i.e. likelihood) and cause death or injury (i.e. consequence).

The aims of a fire safety risk assessment are:

• To identify hazards and to reduce the risk of those hazards causing harm to as low as is reasonably practicable;
• To determine what fire safety measures and management policies are necessary to ensure the safety of people in the building, should a fire occur.

How is a fire safety risk assessment carried out? There are five steps in the assessment process.

• Step One - Identify people at risk
• Step Two - Identify fire hazards
• Step Three - Evaluate the risk and decide if existing fire safety measures are adequate
• Step Four - Record fire safety risk assessment information
• Step Five - Review of fire safety risk assessment

A management commitment to fire safety is essential to assist with achieving suitable fire safety standards in premises and to maintain a staff culture of fire safety.

There should be a clearly defined fire safety policy to protect all those using the premises - such as residents, staff and visitors - which should include arrangements for planning, organisation, control, monitoring and review of fire safety measures.

It is a management responsibility to have in place both an emergency fire action plan and arrangements to implement the plan. A written emergency fire action plan should be kept on the premises, be available to and known by staff and form the basis of the training and instruction which is provided. This plan should be available for inspection by the enforcing authority.

The purpose of the emergency fire action plan is:

• To ensure that the people on the premises know what to do if there is a fire; and
• To ensure that appropriate action is taken in the event of fire and that the premises can be safely evacuated.

The results of the fire safety risk assessment(s) must be considered when drawing up the emergency fire action plan, alongside procedures for all those occupying the premises, including disabled people.

In care and institutional premises, the capability and dependency of occupants is paramount when determining suitable procedures, actions and fire safety measures to meet their personal evacuation needs. In other premises, the requirements of any disabled staff member or disabled person who frequently uses the premises should be discussed with the individual. A personal emergency egress plan for each of these people should be established and should contain details of special evacuation arrangements.

The evacuation of all persons, including disabled persons, from the premises is the responsibility of those persons with control of the premises. It cannot be delegated to the Fire and Rescue Service. Appropriate arrangements should be made to ensure that the premises can be fully evacuated if necessary. It is not appropriate to move disabled persons to internal holding points for evacuation by the Fire and Rescue Service.

It is essential that staff know what they have to do to safeguard themselves and others on the premises and to have an awareness of the importance of their actions. This includes risk reduction, maintenance of fire safety measures and action if there is a fire.

All staff (including temporary and agency staff) should be given information, training and instruction on the fire safety measures to be taken or observed on the premises, including the action to be taken in case of fire. Where appropriate, staff should receive training on physically assisting people during an evacuation and should know how to use any aids or equipment provided for this purpose.

All training should complement the emergency fire action plan, be verifiable and be evidenced by management records. Fire safety training should be specific to the premises and should include the following:-

 

• The action to take on discovering a fire;
• How to raise the alarm and what happens then;
• The action to take upon hearing the fire alarm;
• Instruction on the operation of any fire alarm control panel installed within the building, paying particular attention to the information displayed and its interpretation;
• The significant findings of the fire safety risk assessments;
• The measures that have been put in place to reduce the risk from fire;
• The identity of people nominated with responsibilities for fire safety;
• Any special arrangements for serious and imminent danger to persons from fire;
• The procedures for alerting visitors and members of the public including, where appropriate, directing them to exits;
• The arrangements for calling the Fire and Rescue Service;
• The measures in place to ensure a safe escape from the building and how they will operate;
• The personal emergency egress plans for disabled persons;
• The evacuation procedures to ensure all those in the building reach an assembly point at a safe place;
• The fire prevention and fire safety measures and procedures in the premises and where they impact on staff and others in the building;
• The location and, where appropriate, the use of fire fighting equipment;
• The location of the escape routes, especially those not in regular use;
• How to open all doors on the escape routes, including the use of any special fastenings
• The importance of keeping fire doors closed to prevent the spread of fire, heat and smoke;
• The reason for not using lifts (except those specifically designed or designated for evacuation use);
• The importance of good housekeeping;
• The risks from flammable materials used or stored on the premises;
• The precautions to be taken to minimise and control the risks, with particular attention to their role in reducing and controlling fuel and ignition sources; and
• How to stop any machines and processes or isolate power supplies, where necessary, in the event of a fire.

Fire drills should be carried out to check that staff understand the emergency fire action plan (including all relevant personal emergency egress plans), to ensure that staff are familiar with its operation, to evaluate the effectiveness of the plan and to identify any weaknesses in the evacuation strategy.

The frequency and type of fire evacuation drill for each premises will be different and should reflect the type of premises and level of risk. A check should be made to establish if any people are unaccounted for, possibly by carrying out a roll call at the designated assembly point(s). In a fire evacuation this information would need to be passed to the Fire and Rescue Service on their arrival.

The premises, emergency routes and exits, fire-fighting equipment, fire alarm, emergency lighting and other fire safety measures should be kept in efficient working order and covered by a suitable system of maintenance. There should be regular checks, periodic servicing and maintenance, such as a daily check that means of escape are available and unobstructed; a weekly test of the fire alarm system; a monthly test of emergency lighting systems; and an annual service of fire extinguishers. Any defects should be put right as quickly as possible.

 

The following is a summary of the main rights and responsibilities of those covered by the legislation. For a comprehensive list of your rights and responsibilities, please refer to the legislation. If you have any doubts about your legal obligations, you should seek independent legal advice.

As an employer:

• You are entitled to the co-operation of your employees in respect of your fire safety responsibilities and for employees to take reasonable care for their own safety and others whom their actions could affect.
• You must carry out (and review regularly) a fire safety risk assessment to identify the potential for fire to occur in the workplace and cause harm to employees and persons in, or in the immediate vicinity of, the premises.
• You must ensure, so far as is reasonably practicable, the safety of your employees from harm caused by fire in the workplace and take reasonable measures to ensure their safety and that of others there, or in the immediate vicinity. These measures should be aimed at avoiding or reducing any risks identified.
• You must provide clear, appropriate information and instruction (and training where necessary) to your employees and anyone else working on your premises, e.g. contractors and their employer(s), in relation to any risks identified and fire safety measures provided.
• You must ensure that a record of a fire safety risk assessment is kept (electronically or paper-based) if you employ five or more employees (whether they are based in the premises or not), have a licence (such as a liquor licence) for the premises, are subject to registration (such as care home registration), or an alterations notice requiring this has been served in relation to the premises by the enforcing authority.
• You must carry out (or review) a fire safety risk assessment before employing anyone under the age of 18, taking into account their youth and inexperience, and the particular risks they may be exposed to in the workplace. If a child is of school age, their parent must be informed of the risks and the measures taken to avoid or reduce them.
• You must ensure that the premises are equipped to an appropriate level, with means of escape (ensuring these can be safely used), means of detecting fire and giving warning in the event of fire, means of fighting fires, and arrangements for action to be taken in the event of fire.
• You must ensure that the premises, and any fire safety facilities, equipment and devices are maintained in good order.
• You must co-operate with anyone else who has fire safety responsibilities for the same premises (including sharing information about the activities/measures undertaken, where appropriate) and take all reasonable steps to co-ordinate your fire safety measures regarding the premises.

As an employee:

• You are entitled to the provision of adequate fire safety measures on the premises to ensure, so far as is reasonably practicable, your safety from harm caused by fire.
• You are entitled to appropriate instruction (and training where necessary) about any risks identified on the premises, fire safety measures provided and what to do in the event of a fire.
• You must take reasonable care to ensure the workplace is safe from harm caused by fire and do nothing that will place yourself or others at risk.
• You must inform your employer (or a fellow employee with specific fire safety responsibilities), of anything relating to the premises which could represent a serious and immediate fire safety danger; of anything which you reasonably consider represents a shortcoming in the employer’s fire safety protection arrangements; or in the event of fire.
• You must co-operate with your employer, so far as is necessary, to allow them to comply with their fire safety responsibilities.

As someone who is not an employer but has control of the premises or safety obligations to some extent, such as an owner, tenant, contractor, or occasional user (including voluntary groups):

• You are entitled to co-operation from others with fire safety responsibilities for the premises.
• You must carry out (and review regularly as necessary) a fire safety risk assessment of the premises to the extent of your control, or obligations towards them, identifying any risks to persons in, or in the immediate vicinity of, the premises in respect of harm caused by fire.
• You must take reasonable fire safety measures on the basis of the results of your fire safety risk assessment to ensure, to the extent of the control or obligations you have, the safety of persons from harm caused by fire in the premises.
• You must ensure that the premises are equipped to an appropriate level, relative to the extent of your control or obligations, with means of escape (ensuring they can be safely used), means of detecting fire and giving warning in the event of fire, means of fighting fires, and arrangements for action to be taken in the event of fire.
• You must co-operate (including sharing information where appropriate) with others who have fire safety responsibilities for the premises, take all reasonable steps to co-ordinate your fire safety measures with theirs, taking into account the extent of your control or obligation and theirs in respect of the premises.
• You must ensure that the premises and any fire safety facilities, equipment and devices are maintained in good order, to the extent of your control or obligation towards the premises.

In the majority of cases, your local Fire and Rescue Service will enforce the regime on behalf of the fire and rescue authority or joint fire and rescue board for the area. Your local Fire and Rescue Service will be able to confirm whether this is the case (look in the phonebook under “FIRE”).

The powers of enforcement officers in relation to premises for which they have enforcement responsibilities are summarised below: Enforcement officers may do anything necessary to allow them to complete their duties, including:

• Entering premises for inspection at any reasonable time, or at any time if there is reason to believe that the situation is dangerous;
• Requesting information, records etc, or assistance from any persons with fire safety duties;
• Inspecting, copying or removing any relevant documents from the premises;
• Carrying out any inspections, measurements or tests on the premises or any article or substance found on the premises;
• Taking samples of any article or substance found on the premises;
• Dismantling articles found on premises which appear likely to cause danger; and
• Taking possession of an article for purposes of examination or use as evidence.

If the enforcing authority is dissatisfied with the outcome of the fire safety risk assessment or the action taken, or the fire safety measures taken, it may seek to take:

• Informal action; or
• Formal enforcement action which could result in the issue of an enforcement notice that requires certain improvements; or
• In extreme cases, a prohibition notice may be issued that restricts the use of all or part of the premises until improvements are made: or
• Report the matter for prosecution. Failure to comply with a notice issued by the enforcing authority or placing persons at risk by failing to carry out any duty imposed by fire safety law is an offence.

Additionally, if the premises pose, or are considered likely to pose a serious risk to people, the authority may issue an alterations notice that obliges the recipient to inform the enforcing authority before making specified changes to the premises.

Fire and Rescue Service crews may visit premises to familiarise crew members with them in the event they are called to a fire in the premises. This type of visit is unlikely to include an assessment of compliance with fire safety law. The fact that a Fire and Rescue Service visit has taken place should not be interpreted as an endorsement of fire safety standards and procedures in the premises.

Identify people at risk (Step 1)

Have you identified who is at risk?Have you identified why they are at risk?

Identify fire hazards (Step 2)

Have you identified all potential ignition sources?Have you identified all potential fuel sources?Have you identified all potential sources of oxygen?

Evaluate the risk and decide if existing fire safety measures are adequate (Step 3)

Have you evaluated the risk to persons in the premises from fire?

Have you taken steps to reduce sources of ignition which may cause a fire?

Have you taken steps to reduce sources that may fuel a fire?

Have you taken steps to reduce the supply of oxygen to a fire which may start?

Emergency plan and training:

Is there an emergency fire action plan which sets out the action to take in event of fire?

Are the persons using the premises aware of the emergency fire action plan?

Do staff and others, know what is expected of them in terms of reducing the risk from fire?

Are staff given appropriate regular training and instruction?

Are regular fire drills carried out?

Is action taken to rectify problems discovered during fire drills?

Means for detecting a fire:

Are the means of detecting a fire of the right type and in appropriate locations?

Can the means of warning be clearly heard and understood by everyone throughout the whole building when initiated from a single point?

Will the existing means of detecting a fire ensure it is discovered quickly enough for the alarm to be raised in time for all the occupants to escape safely?

If the fire-detection and/or warning system is electrically powered, does it have a back-up power supply?

Means for fighting fires:

Are the fire extinguishers provided suitable for the premises?

Are there enough extinguishers sited throughout the premises?

Are the right types of extinguishers located close to the fire hazards and can users get to them without exposing themselves to risk?

Are the extinguishers visible or indicated by signs?

Have you taken steps to prevent the misuse of extinguishers?

Escape routes:

Have you assessed the potential for fire, heat and smoke to spread uncontrolled through the building and acted on the possibility that people may be unable to use the escape routes?

Are the existing escape routes adequate for the numbers and type of people that may need to use them, e.g. members of the public, including those with mobility difficulties?

Are the exits in the right place and do the escape routes lead as directly as possible to a place of safety?

If there is a fire, could all available exits be affected or will at least one route from any part of the premises remain available?

Are the escape routes and final exits kept clear at all times? Do the doors on escape routes open in the direction of escape?

Can all final exit doors be opened easily and immediately if there is an emergency?

Will everybody be able to safely use the escape routes from your premises in safety and in a reasonable amount of time?

Are the people who work in the building aware of the importance of maintaining the integrity of the escape routes, e.g. by ensuring that fire doors are not wedged open and that combustible materials are not stored within escape routes?

Escape route lighting:

Are all your escape routes covered by a suitable form of lighting?Will there always be sufficient lighting to safely use escape routes?

Do you have back-up power supplies for your escape route lighting?

Signs:

Are escape routes and exits indicated by appropriate signs?

Have you provided notices such as those giving information on how to operate security devices on exit doors, those indicating doors enclosing fire hazards that must be kept shut and fire action notices for staff and other people?

Are you maintaining all signs and notices so that they continue to be correct, legible and understood?

Are you maintaining signs that have been provided for the information of the fire and rescue service, such as those indicating the location of water suppression stop valves and the storage of hazardous substances?

Tests and maintenance:

Do you regularly check all fire doors and escape routes and associated lighting and signs?

Is there a regular check on all the fire-fighting equipment?

Is there a regular check of the fire detection and alarm system?

Are those who test and maintain the equipment competent to do so?

Do you keep a log book to record tests and maintenance?

Record fire safety risk assessment information (when necessary)(Step 4):

Have you recorded the significant findings of your assessment?

Have you recorded what you have done to remove or reduce the risk?

Are your records available for inspection by the enforcing authority?

Review of fire safety risk assessment (Step 5):

Do you review your fire safety risk assessment when there is any reason to suspect that your assessment is no longer valid or there has been a significant change in your premises that has affected the fire risk or your fire safety measures?

Having reviewed your fire safety risk assessment, are the fire safety measures still adequate?