05/10/2006 - Special Reports

The Regulatory Reform (Fire Safety) Order

Flames The Regulatory Reform (Fire Safety) Order represents a welcome new emphasis on fire prevention and risk reduction, according to Ted Kenrick, technical services manager for Norwich Union Risk Services.

In this special report, he explains that although help will always be available, it is now down to businesses to embrace these changes and take responsibility for fire safety...

THIS AUTUMN, British businesses face the biggest shake up of fire safety rules in decades - The Regulatory Reform (Fire Safety) Order (RRO). The Order came into force on 1 October and ushers in a welcome new legislative emphasis on fire prevention and risk reduction. The implications for firms - small, medium and large - and the insurance industry cannot be overestimated.

However, if the results of a recent survey are indicative of the commercial world as a whole - not enough businesses, particularly small ones, have any knowledge of the RRO.

The survey carried out by Norwich Union Risk Services showed that only 47% of firms with fewer than 50 employees were aware of the changes. Which is all the more worrying when you realise just what RRO means for businesses, and their responsibilities when it comes to fire safety.

The Order promises to simplify and consolidate existing rules in this area and has received broad support from many different quarters. Crucially, it now places legal responsibility for complying with the Order with the 'responsible person' - that is, the person in control of the workplace. As fire certificates will no longer be issued, individual businesses will be responsible for their own fire safety and must conduct a fire risk assessment, regardless of the size of the business. If five or more people are employed, then this risk assessment must be documented. The assessment consists of five steps for businesses to take:

> Identify fire hazards

> Identify people particularly at risk

> Evaluate, remove, reduce and protect from risks

> Record, plan, instruct, inform and train

> Review the plans regularly

All commercial premises will have to appoint a responsible person to carry out the assessment, something which was already required under the Fire Precautions (Workplace) Regulations. In the past, however, this was not well publicised, complied with, or enforced - something which will need to change this time if the new rules are to have an impact.

Help available

It is concerning that so many businesses seem ignorant of these important developments which will impact upon all of them. However, the good news is there IS help out there for firms who have little time to get to grips with the shake-up.

Thankfully the Government has published a series of guides to help businesses comply. These had been delayed, leading to fears that companies would be deprived of vital advice on RRO, and followed the postponement of the original date for the introduction of the legislation of April 2005.

Norwich Union Risk Services (NURS) has also done its bit to help businesses, and has recently published a 'Hardfacts' explaining the main requirements of the Regulatory Reform (Fire Safety) Order - see link above/right. In addition, NURS offers fire risk assessment courses which help the 'responsible person' to understand the main requirements of the new RRO as they apply to their own workplace, and conduct risk assessments of the fire hazards and precautions in their organisation to satisfy the requirements of the Order.

The jury is still out, however, on the contribution which fire risk 'consultants' will make to smooth the transition for businesses. The next few years are sure to see the emergence of a large number of companies offering to carry out fire risk assessments on behalf of commercial premises. Only one thing is certain: they will be of hugely varying quality and reputability, and firms should ensure that any third parties engaged are competent to undertake such work.

Control measures

On the positive side, the Order does provide the insurance industry with an opportune moment to remind its customers of the steps they can take to reduce the risk of a fire, and this is especially important in relation to arson, the biggest cause of fire at commercial premises.

Last year £790 million was paid out in commercial fire claims, according to the Association of British Insurers (ABI), an increase of 60% on the previous year. Add to this a further £220 million paid out in business interruption claims, the highest since 1997 - NURS also offers one-day courses in business continuity.

With regard to arson, businesses need to understand the opportunist nature of most attacks. Many arson claims dealt with by Norwich Union are the result of a skip or wheelie bin full of rubbish being left in harm's way. All too often, such attacks could easily have been prevented simply by putting items out of reach of opportunists.

There's also a checklist of measures that companies can utilise in order to reduce their risk. Taking steps to ensure a business's perimeter - its fencing, walls and gates - is secure has to be a top priority. Also worth stressing is the importance of good quality security lighting, CCTV cameras and the doors, windows and locks on buildings.

Acting to 'arson proof' all access points to a building must be considered. This means fitting items such as metal containers to letterboxes so lighted material cannot be pushed through into the building, and reducing gaps under doors.

Controlling access to premises and having a secure key policy in place are also vital. The latter means ensuring full control is maintained over who has keys and making sure any missing sets can be quickly identified.

Keyholders need to be made aware of their responsibilities and for those who lock up the premises a strict series of checks should be put in place for them to follow. This should include checking all doors are secure, activating alarm systems and placing inflammable liquids or combustible materials out of harm's reach, and any combustible items in the open - including waste bins - should be kept well away from the premises.

Embracing change

For managers, awareness needs to be raised of the risks that can be reduced during the recruitment process. In this respect, ensuring all criminal records are checked, is essential. On a general note, all staff need to be kept up to speed with their responsibilities and the company's policy on arson prevention.

Together these measures add up to a set of low-cost, or even no cost, measures which shouldn't be too difficult for most companies to put in place. And ultimately they can help reduce the arson risks all businesses face.

If businesses begin to take such steps on a large scale and if the RRO adds up to all its promises, it is a real possibility we could begin to see a fall in those ABI figures for fires at commercial premises.

One final piece in the jigsaw may be needed, however. Much more still needs to be done to 'design out' arson risk at the planning and design stage of shops and businesses. Building regulations simply take into account life safety, but are inadequate when considering property protection and business resilience.

Change is on its way, but if we are to truly make an impact on the cost of fire to businesses in the UK we must get used to it.