Tuesday 31 January 2012

Fire Risk Assessments for Construction Sites. New Course available.


We can now offer a Course which will enhance the knowledge of Site Managers when carrying out Fire Risk Assessments for Construction Sites. The Course will encompass both new Guidance Documents (See below)

Although the construction industry’s performance has improved over the past decade, the rates of death, serious injury and ill health for construction site workers are still too high. When
construction activities are not adequately controlled, children and other members of the public can also be killed or injured, and property adjacent to construction sites be put at risk – for example, from a site fire large enough to spread off-site.

The latest Guidance Document ( HSG 168 Second Edition) and Code of Practice (The Joint Code of Practice for Fire in Construction Sites and Buildings Undergoing Renovation.) are available which will be extremely useful to all those who have a role in the development, management and application of fire safety standards on construction sites,

ie clients, designers,
contractors and CDM co-ordinators. It will also support those with legal responsibilities under the Construction (Design and Management) Regulations 2007, and the Fire(Scotland) Act 2005, while assisting site managers in the day-to-day management of fire risks on site.

HSG 168 Second Edition can be downloaded free of charge here:
http://www.hse.gov.uk/pubns/books/hsg168.htm

The Code of Practice can be purchased here: https://www.thefpa.co.uk/fpa_home/publications/shop/default.aspx Cost £20

This Course gives the Principles of Fire Risk Assessments for Construction Sites and it is highly recommended that Delegates make themselves familiar with either or both of these Publications.



Fire Risk Assessment - Construction

Details

This course is
designed to build awareness of fire safety, how to carry out a fire risk assessment and how to record findings. This course is both theory and practical based and will conclude with delegates taking part in theory and practical assessments.

Delegate Requirements

This course is very intensive, so prior to attending delegates must ensure they familiarise
themselves with the contents of HSG 168 Fire Safety in Construction

Aim
On successful completion of the course delegates will be able to carry out fire risk
assessments for Construction Sites including New Builds and Refurbishment Works.

Objectives

The course will cover the following:

Legislative Requirements
People and Fire
Overview of HSG 168 Fire Safety in Construction
Fire Protection Association Fire Safety on Construction Sites DVD
Introduction to Fire Risk Assessment
Principles of Fire Risk Assessment
Fire Risk Assessment Practical application

Target Audience

This course is suitable for employees responsible for carrying out Fire Risk Assessments for Construction Sites including New Builds and Refurbishment Works.

The Course is Certified and verified by The CPD Institute and there will be an examiniation and a practical FRA on site. All successful Delegates will be a awarded the approprite CPD hours
Duration:
1 ½ days

Monday 30 January 2012

160 animals were rescued from a burning garden centre

30 Jan 2012 From @fireindustry

Around 160 animals were rescued from a burning garden centre in Oldham last week. Fire crews were called to Booth's Garden Centre in Royton on Friday afternoon (27th January) after a blaze broke out in the single-storey building.It was initially feared that all but three parrots perished in the fire but firefighters discovered that the majority of animals on sale at the centre had survived.

Oldham RSPCA branch manager Mandy Tierney was alerted to the incident by text message and took part in the rescue operation."I was told that only three parrots had survived but when we went into the shed it was clear there were about 100 birds plus plenty of chickens, rabbits and guinea pigs," she told the news provider.

I was so relieved - it was awful to think so many animals may have died so it was fantastic that it wasn’t as bad as we thought.

"Under the Regulatory Reform (Fire Safety) Order 2005, a fire risk assessment must be conducted on all commercial properties in England and Wales.In Scotland the Legislation is The Fire (Scotlamd) Act 2005 Part 3. If a suitable and sufficient fire risk assessment is not carried out, the Responsible Person/ Duty Holder faces up to two years in prison or an unlimited fine.The cause of the blaze is currently under investigation.

Brave Erin raises £65k for hero firefighters



Young Scot Awards:
Brave Erin raises £65k for hero firefighters Jan 29 2012
By Heather Greenaway
BRAVE Erin McNeill was just 18 when she was horrifically burned in a house fire.The talented singer was staying with a friend after a gig when a pot left on the cooker turned the house into a blazing inferno.Erin, of Menstrie, Clackmannanshire, was lucky to escape with her life but was so badly burned that surgeons had to cover her raw flesh with shark skin.
The 21-year-old, who died five times on the operating table and was told she might never walk or talk again, is determined not to let her injuries get her down.
Erin has raised more than £65,000 over the last three years for the firefighters who saved her life.Now her outstanding courage and selflessness have earned her a Young Scot Award nomination in the Unsung Hero category.Erin, who volunteers with Central Scotland Fire & Rescue Service, said: “I was seconds from dying when the firefighters arrived. I was passed out, lying face down on the floor.“If it wasn’t for those brave guys, I wouldn’t be here today. The least I can do is raise money for The Fire Fighters Charity.”
Erin, who travels to schools and colleges in Forth Valley warning others about the dangers of fire, raised £5500 last year by taking part in a 5K run in New York on the 10th anniversary of the 9/11 tragedy.She also won £53,000 with her sister Karen Murphy, 32, on ITV1 show Holding Out For A Hero.
Before the blaze on Valentine’s Day 2009, Erin was on the brink of a full-time career as a singer but, due to the tracheotomy tube doctors had to insert in her neck, she has not sung a note since.She said: “Until the accident, singing was my life. But after having a tube in my throat for so long, singing is very difficult.”Erin was in Glasgow Royal Infirmary for eight months – and in a coma for six weeks.
In hospital she developed MRSA, pneumonia and acute organ failure.Mum Jean, 60, a council worker, and dad Eddie, 60, who works for a roofing firm, kept a bedside vigil.Erin said: “When I woke up, I couldn’t remember anything. I had 40 per cent burns to my body.“I found out doctors gave me only a 20 per cent chance of survival.”
Erin, who wants to get a qualification in youth work, added: “Surgeons used six pieces of shark skin, costing £10,000 each, to trigger my body to make skin cells, which saved my life.“I still have a lot of physical and emotional recovering to do but, when I’m talking to schoolkids, I’m full of confidence.”The charity worker has found love since the fire with offshore worker Grant Griffen, 21. He said: “She is a true fighter and she is my hero.”As a member of the Strathclyde Fire & Rescue Preservation Group, Erin will star as a firefighter in River City on Tuesday.And she is thrilled with her award nomination. She said: “It’s great to be nominated for my work.”Jan Mattison, of The Fire Fighters Charity, said: “Erin constantly gives back to those who saved her.”

Furore over re-employment of Strathclyde Chief Officer


From @paulhutcheon The Sunday Herald 29th January 2012
Brian Sweeney, Chief Officer of Strathclyde Fire & Rescue, received a lump sum of around £500,000 last July after taking early retirement at the age of 50, then walked straight back into his old £155,000-a-year job just a month later.
He was rehired on a three-year contract. The deal, condemned by firefighters and politicians, is currently being investigated by the public spending watchdog, Audit Scotland. At the time, Sweeney said the money was "not taxpayers' money" as it was the result of 31 years of paying into his pension scheme.
But the Sunday Herald has obtained a secret report into Sweeney's pension by Strathclyde Fire & Rescue's auditors, PriceWaterhouseCoopers (PwC), which says there was a £200,000 impact on public funds, as the fire service budget took a hit. It says:l Sweeney should have forfeited £206,000 as a penalty for retiring before 55 but the fire board agreed to pay it on his behalf without the treasurer being consulted.
Sweeney's "flexible retirement" did not follow the rules laid down for other firefighters; The board failed to consider alternatives to Sweeney's early-retirement deal. Sweeney may have been actively involved in the process leading to the decision which enriched him;
Overall, auditors saw insufficient evidence of a "best-value decision". But the convener of the board overseeing Strathclyde Fire & Rescue last night defended Sweeney and attacked the auditors' report.
Councillor Brian Wallace said Sweeney's re-employment deal "not only offered best value, but secured the services of a highly experienced and respected Chief Officer at a critical time for the Service, Strathclyde and the whole country".
Earlier this month, Justice Secretary Kenny MacAskill published the bill which will lead to the merger of Scotland's eight fire services into a new single service. Sweeney is tipped to run the new body, and is understood to have told colleagues of his interest in the job. The new chief will be appointed this year.
PwC said the key paper on Sweeney's retirement went before the fire board in June 2009, after Sweeney discussed his "future career plans" with the board's clerk. It proposed letting Sweeney continue in post for three years after July 2011 – the point he became eligible for early retirement.
But PwC said the paper failed to explain to the board that "this meant the Chief Officer would effectively retire and be re-employed"
Although the board had a "flexible retirement" policy allowing firefighters to retire and restart, staff had to apply in writing within a year of retiral, and re-employment was for a maximum of two years to "facilitate succession planning".
In Sweeney's case, the rules were not followed.PwC said: "In the case of the Chief Officer, no application in writing under this policy was submitted; the conversation noted in the June 2009 Board Paper between the Clerk to the Board and the Chief Officer was not formally recorded; the decision was taken two years, rather than one year or less before potential retirement; and the Chief Officer has returned on an expected three-year contract, not on the usual two years or less."Because Sweeney retired before 55, "an employee unauthorised payment charge" should have been levied.
But in April 2011, the board agreed to pay Sweeney's penalty of £206,000 on top of the board's own employer penalty of £29,000."We understand that the Treasurer was not consulted over this decision, despite the financial implications for the board," PwC said.
Auditors concluded: "We can see no formal consideration that alternative options, other than retirement and re-employment ... were considered. The board has been unable to demonstrate to us that the Chief Officer was fully independent of the decision-making process."The level of evidence made available to us does not readily support a best-value decision concerning retirement, re-employment and the potential use of board funds to pay the Chief Officer's £206,715 unauthorised payment charge."
Roddy Robertson of the Fire Brigades Union said: "It's nothing short of scandalous the board have allowed public money to be used in this way."

Body found in Aberdeenshire rural house fire.

From (@STVNews

A body has been found following a fire at a rural property, police said.Grampian Fire and Rescue Service and police have been dealing with the incident at the house in Rhynie, Aberdeenshire, since Friday.
The large blaze was reported around 4.30pm on Friday and was put out by 7.30pm after officers used four appliances to extinguish it.The property was the residence of Joan Robinson, 84, who lived alone.

Police searches of the property continued over the weekend and on Sunday they said a body has been discovered.No identification has yet been made.Firefighters left the scene on Saturday afternoon after the property was made safe.

The service said a full investigation into the cause of the fire was expected to begin on Monday.

Body found in Aberdeenshire rural house fire.

From (@STVNews

A body has been found following a fire at a rural property, police said.Grampian Fire and Rescue Service and police have been dealing with the incident at the house in Rhynie, Aberdeenshire, since Friday.
The large blaze was reported around 4.30pm on Friday and was put out by 7.30pm after officers used four appliances to extinguish it.The property was the residence of Joan Robinson, 84, who lived alone.

Police searches of the property continued over the weekend and on Sunday they said a body has been discovered.No identification has yet been made.Firefighters left the scene on Saturday afternoon after the property was made safe.

The service said a full investigation into the cause of the fire was expected to begin on Monday.

Motherwell Pub Fire

From @Strathclyde_FRS

Shortly after 4:30 pm this afternoon (Sunday 29th January), Strathclyde Fire
& Rescue's (SFR's) Operational Support Centre received the first of a number
of calls reporting a fire within a building in Church Street, Newarthill, near
Motherwell in North Lanarkshire.

Two fire appliances were immediately dispatched from Motherwell Community
Fire Station, with further support provided by an appliance from Bellshill
Community Fire Station.
The first attending crews were faced with a well developed fire within a
single storey, unoccupied pub building. The Incident Commander quickly deployed
crews in to the building wearing Breathing Apparatus and carrying firefighting
jets, and they battled through acrid smoke and great heat to tackle the
fire.

Later in the incident, Motherwell Fire Station's Aerial Rescue Pump (ARP) was
used to great effect in providing a firefighting jet from above the building to
deal with pockets of fire that had spread into the roof. The ARP was also
invaluable in allowing the Incident Commander to assess the extent of fire
spread and the effectiveness of firefighting operations.

Throughout the incident, firefighting crews were assisted by their colleagues
in Strathclyde Police who dealt with traffic control and crowds in the vicinity,
and North Lanarkshire Building Standards Section who also worked closely with
SFR crews to ensure that the building would be left in a safe and secure
state.

SFR crews are still on scene at this time. The cause of the fire is as yet
unknown, and is subject to an investigation by Strathclyde Police.

Tuesday 24 January 2012

Single Scottish fire service bill introduced


From info4fire

Single Scottish fire service bill introduced - 18 January 2012 Kenny MacAskill, Scottish cabinet secretary for Justice.

The Scottish Government have today announced a huge proposed reform of Scottish fire and rescue services that will mean the creation of a single combined department. Justice Secretary Kenny MacAskill says that the move will bring local services to the heart of communities, but critics fear that it will mean less accountability at a local level.

Under the plans, which will also create a single unified Police Service of Scotland, the new Scottish Fire and Rescue Service will be established with a Chief Officer overseeing designated local fire officers for each local authority area. The Police and Fire Reform (Scotland) Bill will create stronger ties between the fire service and local authorities, as senior officers will have to have their local plan for rescue services approved by the council, giving many more councillors a say in the running of their local service than at present.

The service will be independent, with no operational control by government, but still subject to Parliamentary scrutiny from ministers. “Stark reality” of budget cuts from Westminster Mr MacAskill launched the bill at an event in Galashiels where he cited “budget cuts from Westminster” as one of the key reasons for the reform.

He said, "This Government will not be complacent, we will not compromise on public safety and we will make sure that every community is served and served well. “The reasons for reform are clear. We need to make a virtue of necessity. Make no mistake – this is the only way to make sure that we don’t lose the major improvements made to police and fire and rescue services in recent years. “We have devised the strongest possible plans for the future of police and fire services in Scotland which reduce duplication, not the quality of vital services, and deliver estimated efficiency savings of £1.7 billion over 15 years.

Today’s publication of the Police and Fire Reform (Scotland) Bill follows two consultations and many months of sustained, regular engagement with police, fire and escue services, boards, authorities and other interested parties.”

Thursday 19 January 2012

Tavish Scott....Shetland Blethers re Police & Fire

I have copied this article from the Shetland Times. Much of the narrative taken from a statement by Tavish Scott the Local Liberal MSP. In fairness I have included two items from the Comments Section. The thoughts of which coincide with my own. (For what it is worth)


Shetland will have fewer police and fire officers under the Scottish government’s plan for pan-Scotland services, according to isles MSP Tavish Scott.Mr Scott described the proposals, laid out in the Police and Fire Reform (Scotland) Bill today, as “mad, bad and downright dangerous”.

Justice secretary Kenny MacAskill claimed a single police force and a single fire service would “bring local services to the heart of communities”. The government believes it will save £1.7 billion over 15 years by merging all police forces and all fire brigades.

Speaking in Galashiels, Mr MacAskill said: “There will be a stronger connection between communities and their local police and fire and rescue services, with designated local senior officers and a statutory duty on both services to provide proper local provision. Local authorities will approve plans for their area and, rather than a handful of councillors attending a regional board, many more councillors will have a say in what happens in their area.

I expect to see the local commander and local senior officer coming before the council to explain and answer questions about police and fire services in the area.“Our services will be independent, with no operational control from ministers but subject to parliamentary scrutiny. And our new services will be nothing without the skills and talents the workforce. Staff will transfer to the new services on the same terms and conditions.”

As well as parliamentary scrutiny, a new Scottish Police Authority (SPA) and fire board will be created to hold chief officers to account.But Mr Scott dismissed the Bill as representing the “worst kind of central belt centralisation”.

“[These plans] put our excellent local and responsive policing and island fire stations at risk,” he said. “A single national police force will be controlled by central government. The chief police Officer of Scotland, inevitably based in Glasgow, will worry rather more about Old Firm football matches than policing Commercial Street on a Saturday night.“Also who controls the police? At the moment if there is a police inquiry into misconduct it is conducted by another Scottish force. That won’t happen under a nationalist police force. [The nationalists] are hardly going to turn to England for help. So there may be no check now on a government controlled force. That is profoundly disturbing.

“These nationalist proposals that they will railroad through parliament are illiberal, authoritarian and the worst kind of central belt centralisation. Most police officers from chief constables in the Highlands and Islands and Grampian down to men and women on the beat are opposed to these plans. The Scottish government should drop these bad proposals.”

Chief superintendent David O’Connor, president of the Association of Scottish Police Superintendents (ASPS), called for an early appointment of the chief constable designate and for the headquarters to be located at Tulliallan Castle in Fife, the home of the Scottish Police College.Mr O’Connor said: “I do not underestimate the scale of the challenge but a pragmatic and incremental approach which focuses upon maintaining service delivery to the current high levels together with improving public and staff confidence throughout must be at the centre of all that we seek to achieve and the public demands.”

I cannot speak with much authority regarding The Police but as far as the Fire Service is concerned, this has been a long time coming. There are Regions in England with bigger populations than Scotland with one Fire & Rescue Service and they manage perfectly well. Scotland by the nature of its geography presents different problems but nothing that the Service will not cope with.

There were not many from The Chief Fire Officers' Association against this move and importantly the Fire Brigades Union backed the move.

I believe this to be a Politically motivated statement from Mr. Scott and not necessarily about what is best for Shetland and Scotland.


And from the Comments Section.

LibDem hysteria about the proposals for a Scottish Police Force is seriously sad. For a century and more, Liberalism in Scotland has sustained a critique of Big Government and Big Business, and has presented a vision of decentralised accountable decision-making guaranteed by a federalist constitution.

LibDem disaster in last May’s election was assured by the loss of any such vision. The main election plank?…. To criticise the establishment of a single Scottish Police Force whose setting up will mean * National accountability to a democratic Parliament, * Local police Commanders appointed to each local authority area, * A legally enforced system of Local Police Plans whereby each Commander liaises with and accounts to the local authority to produce the pattern of policing and priorities that each area wants, * Efficient integration of specialist police technical services, with no duplication,

* An end to the mad pattern whereby police forces are too small to account to Parliament and too big to account to a local authority (exceptions : Fife, Dumfries), and so effectively escape proper accountable scrutiny and direction, * Introduction of a properly independent police complaints proceedure, avoiding the croneyism of bringing in officers from another force to judge their peers.

Do the LibDems seriously think that our policing run from Inverness, only indirectly accountable to anyone, is better than a national force accountable both to Parliament and to each local authority? Is that addled thinking the sum total of their vision for Shetland and Scotland?- Danus SkeneJanuary 17, 2012

It is neither “bad”, nor “mad” nor “downright dangerous” to form a single police and fire service in Scotland. It is sensible, efficient and long overdue. Such negativity belongs in the past.However, the Scottish Government must implement the “burning of quangos” to retain integrity in their general cost-cutting and efficiencies programme.-
Douglas YoungJanuary 18, 2012

Monday 16 January 2012

Restaurant owner pleads guilty after taping cling film over detectors. 21 March 2011

The joint-proprietor of a Thai restaurant in Wokingham has pleaded guilty to 12 breaches of the Regulatory Reform (Fire Safety) Order 2005.Patipat Kansikam, who was a joint proprietor of the Red Lion (Pad Thai), appeared at Bracknell Magistrates Court on 9 March.

The building, which was used as sleeping accommodation for the restaurant’s staff, had an inadequate fire alarm system and blocked fire escape routes.Fire safety investigators also found cling film taped over fire detectors. In addition, there was no adequate fire risk assessment or fire evacuation training in place, while the fire escape routes were obstructed by combustible storage.

The court head that not only did these breaches present a serious and life-threatening risk to the staff who worked there, but also to members of the public who visited the premises.

The issues first came to light after an inspection by Royal Berkshire Fire and Rescue Service on 3 March last year.The case has been adjourned until 6 April for sentencing.
Brewery pays out nearly £30,000 for fire safety breaches 10 January 2011 Old News but pertinent to the Licensed Trade postings this week.

A brewery has been ordered to pay £27,481 in fines and costs following a number of fire safety breaches at one of its pubs in London.Punch Taverns Plc pleaded guilty to seven contraventions of the Regulatory Reform (Fire Safety) Order 2005 at Thames Magistrates Court on 6 January.

Fire safety officers who first investigated the Milestone pub on Mile End Road in July 2008 found that there was inadequate maintenance of the fire alarms and poor emergency lighting. In some cases, emergency lighting was non-existent.The London Fire Brigade also found that the building, which is a House of Multiple Occupation, had not been installed with self closers on a kitchen door and one of its bedroom doors.

Punch Taverns was issued with an enforcement notice and time to comply following the first visit, however a second investigation in November 2008 revealed a number of faults still to be addressed.

Assistant commissioner for fire safety regulation, Steve Turek, said: “London Fire Brigade will continue to take action when businesses, large or small, do not take their fire safety responsibilities seriously. Failure to comply with the law can, as this case has shown, result in a prosecution.”

Fast food restaurant fined for ‘complete disregard’ of fire safety law

Fast food restaurant fined for ‘complete disregard’ of fire safety law. Info4Fire 13 January 2012

A Salford takeaway has paid £13,000 after pleading guilty to nine offences under the Regulatory Reform (Fire Safety) Order 2005.Delicious Foods Ltd of Liverpool Road, Eccles pleaded guilty to the offences at Manchester city magistrates court on Friday 6 January.

Breaches included failing to carry out a suitable and sufficient fire risk assessment, failing to provide a suitable escape route, and failing to provide a fire alarm or warning system in case of fire."On inspecting the building, it was found that the upper part of the premises was being used as a sleeping area and for general accommodation purposes,” said Peter O’Reilly, director of prevention and protection at Greater Manchester Fire and Rescue Service.

"The only escape route from the upper floors was a single staircase which led into the commercial kitchen. There was no evidence of any system to raise the alarm in case of fire. Nor was there any was there any emergency lighting present and the fire extinguishers which were there had not been properly maintained."Due to the lack of fire resistance to the staircase, and the cooking processes used, any fire would develop rapidly and spread into the staircase - it essentially becoming a chimney filling with very hot, toxic smoke - thus preventing anyone on the upper floors from escaping safely from the premises.”

Fire safety inspectors issued an immediate prohibition notice forbidding anyone using the basement, first and second floors, and an enforcement notice ordering an improvement in conditions. Prosecution proceedings were also started."This complete disregard for the law, and the subsequent danger to life these premises posed, meant we had no option but to seek action through the courts,” said Mr O’Reilly.

Fire safety community must unite to raise standards

Fire Safety Community must unite to raise standards. Info4Fire. 16 January 2012

In the absence of central government direction, the fire safety sector can only develop its own policies and standards if it presents a united front, according to the president of the Association for Specialist Fire Protection, Brian Robinson.Speaking at the association’s annual lunch last month, Mr Robinson said that improving the quality of fire safety requires a more collective approach to risk reduction and mitigation.“Allowing the sector to be more self-determined is high on the government’s agenda,” said Mr Robinson. “It will take time and thought to get used to the idea of developing our own policies and standards, which can only be done by all parts of the sector working together and in harmony.

”New methods and technologies in construction and a lack of fire safety compliance were also issues to be addressed.“We know there is a serious disconnect in appropriate understanding, communication, ownership of responsibility and commitment to required standards throughout the entire process of design, build, inspection, handover to the responsible person and onward management thereafter.”To help address both the environmental impact of fires and the fire safety issues inherent in some modern construction methods, the ASFP has set up a sustainability task group – made up manufacturers, contractors, consulting engineers and assessment bodies.

As sustainability goes beyond the life safety nature of Building Regulations, “appropriate fire protection measures, integrated within innovative design, must be recognised as a fundamental hub in any future carbon reduction mandate,” said Mr Robinson.

“The performance of a building in its normal state, and for both us and the fire service in its ‘hostile’ state, is changing fast.”The association will be working with those directly involved in the development of modern methods of construction, he said, to develop solutions in passive fire protection that will ensure adequate fire safety and building longevity – without stifling essential innovation.In addition, the ASFP has set up a training task group to look at the whole issue of supply chain education, and to develop an improved awareness of the importance of built-in fire safety and the dangers of compromising it.

Responding to Mr Robinson’s address, Neil O’Connor, director of fire, resilience and emergencies at the Department for Communities and Local Government, said the association had helped to promote better understanding and competence in the industry.“Ministers recognise the positive impact that this has on compliance with Building Regulations and the Fire Safety Order,” he said.Read Brian Robinson's comments in detail


The same lack of Government direction is evident in Scotland also. It is time Third Party Accreditation was a minimum standard for those carrying out Fire Risk Assessments in any premises more than one storey in height and 1000m2 in area.

Friday 13 January 2012

Scottish roofing firm hit by fire

13 Jan 2012 From FIA

A roofing firm in Scotland has been damaged after a fire tore through the premises last night (January 12th).Around 30 firefighters were called to the Stevenson and Kelly building in Aberdeenshire at around 8.20pm.

Fire crews spent two-and-a-half hours tackling the blaze, which caused extensive damage and resulted in the closure of the A90 between Aberdeen and Balmedie for four hours.At 8am this morning, firefighters returned to the site after members of the public reported seeing smoke billowing from building.

A 'suitable and sufficient' fire risk assessment must be conducted on all commercial properties in Scotland under the Fire (Scotland) Act 2005.

If this fire risk assessment is judged to have not been carried out to a suitable extent, the Duty Holder for the establishment can face up to two years in prison or an unlimited fine.No-one was injured in the blaze, which is not being treated as suspicious

Tuesday 10 January 2012

Competency criteria for fire risk assessors released

Competency criteria for fire risk assessors released
06 January 2012


A document setting out criteria against which the competence of a fire risk assessor can be assessed is now available.

Competency Criteria for Fire Risk Assessors, published by the cross-industry Fire Risk Assessment Council, sets out the criteria that could be used by professional bodies and third party certification bodies to register or certificate fire risk assessors, and by organisations providing fire risk assessment services.

The document sets out broad criteria for fire risk assessors of both “simple buildings” – where the fire risk assessor might, for example, be an employee of the occupier – and “complex buildings”, which will require higher levels of knowledge understanding and preferably experience on the part of the fire risk assessor.

Under the criteria and other than in the case of simple, low risk premises, fire risk assessors would need to show “evidence of specialist training and experience, or membership of a professional body, or certification by a third party certification body.” They would need an appropriate knowledge of:
•The assessment of risk from fire (appendix A)
•Applicable legislation (appendix B)
•Appropriate guidance (appendix C)
•Behaviour of fire in premises (appendix D)
•Effects of fire on people and behaviour of people in fire situations (appendix E)
•Means of escape (appendix F)
•Fire prevention (appendix G)
•Fire protection (appendix H – includes passive and active)
•Management of fire safety (appendix I)

Such knowledge, the document says, can be obtained by academic study, training, working alongside others, short courses, continuing professional development or any combination of these.

“Some members of the business community have suggested that it would be helpful for those who want to use the services of a commercial fire risk assessor to be able to access information on those with an appropriate level of competency in fire risk assessment, to help them comply with the legislation,” says the foreword to the document.

“There has also been growing concern regarding the competence of those who provide these fire risk assessments on a commercial basis (i.e. for a fee). Data from the English fire and rescue service suggests that the main compliance failure leading to enforcement action is a failure by duty holders to carry out a suitable and sufficient fire risk assessment. This is coupled with the emergence of inadequate fire risk assessments for premises that have suffered multiple fatality fires.”

A companion document to help duty holders assess whether they can undertake fire risk assessments in-house or whether they should appoint an external specialist will be available shortly.

Fire Safety warning to the Licensed Trade

Stakes high in playing with fire by Stuart Kelly

THE recent conclusions of the Fatal Accident Inquiry (FAI) into the Rosepark Care Home fire disaster in Lanarkshire gave a timely reminder to operators to ensure they are fully compliant with fire safety requirements.The Rosepark disaster saw 14 elderly patients killed and four others injured in the 2004 blaze.

However, as Sheriff Lockhart said in delivering the conclusions from the FAI, “the management of fire safety at Rosepark was systematically and seriously defective. The deficiencies in the management of fire safety at Rosepark contributed to the deaths”.As ever, it is important, to recognise and continually reassess your own responsibilities (and liabilities) under the relevant fire safety legislation to protect yourself, your customers, and your premises.The legislation for complying with fire safety requirements is outlined in the Fire (Scotland) Act 2005 and subsequent 2006 regulations.

While it appears that no prosecutions have taken place in Scotland under this particular legislation, in common with the Corporate Manslaughter and Corporate Homicide Act 2007, it seems possible that a prosecution following injury or death after a fire could be based on breaches of the Health and Safety at Work Act 1974.

The equivalent English legislation is the Regulatory Reform (Fire Safety) Order 2005 Although the wording of the Scottish legislation differs to the English, they have at their core the concept of the “responsible person” – the person who has “control of the premises”.In some cases there may be more than one “responsible person” in respect of a premises.

The English case of R v Masonvale Limited (2009) saw the prosecution of both the owner and manager of a pub following a fire, and both were convicted.The Crown in the case led evidence that the limited company owner was a “responsible person” for the following reasons:• they had been involved in renovation work carried out at the premises and still paid the business rates• they had carried out a fire risk assessment and management programme of their own, notwithstanding the fact that the pub manager (and co-accused) had taken over the management of the premises seven months before the fire.

Significantly, the limited company in that case was also convicted of a failure to communicate and cooperate with the pub manager regarding compliance, on an ongoing basis, with fire safety requirements. It is important to ensure that all parties involved coordinate their efforts.

There can be various legal relationships in any premises, for example between an owner and operator, or landlord and tenant. As mentioned earlier, the existence of such legal relationships – and the suggested transfer of certain responsibilities – can nevertheless still see both parties deemed legally responsible for any failings.

It would seem that, before prosecuting any matter, the Crown would consider the practicalities of the relationship in determining whether or not “control of responsibility” had been relinquished from one party to another. In doing so, they would consider the parties’ understanding of the relationship, but also the contractual documentation – such as leases – which underpin such.Using the landlord-tenant relationship as an example, it would be important for the landlord to consider the precise terms of a lease in respect of what fire safety obligations (if any) transfer from landlord to tenant.

If there is no contractual transfer of obligations, the landlord could be responsible for any breaches of the law.It can be assumed that if a tenant does not have knowledge of the fact that they have responsibility for undertaking fire safety assessments, they cannot be expected to follow up on them.However, tenants would be advised to make sure they know their own responsibilities; if assessments need to be carried out, how should this be done, and how often? A careful study of leases and contractual documentation is required.In some cases there may be more than one “responsible person”.

The importance of risk assessments, and following up on them, cannot be underestimated. A recent case in England saw a hotel in London require to pay £21,000 in fines having failed to act on an enforcement notice and on the actions required of it from its own assessments.If such assessments show that urgent actions are required, these should clearly be acted upon with urgency: the consequences of failing to do so could not only be significant for licences and your premises, but be tragic.

The Rosepark conclusions should remind all operators to consider their own fire safety responsibilities with due care, and act upon them.

• Stuart Kelly is a solicitor in Harper Macleod’s Food, Leisure and Hospitality Sector Group.