Fire Risk Assessments Underpin Growing Importance of Fire Safety Protection

Posted by National Security Inspectorate (NSI) on 31st May 2023 -

Fire safety protection is an increasingly important, and in many instances a legally mandatory issue, involving those responsible for the integrity of commercial property.

Property developers have a legal responsibility to ensure the properties they develop meet fire safety regulations and standards. Fire & Rescue Authority requirements may also require consideration alongside insurance stipulations, to ensure all relevant and required measures are correctly specified and implemented.

Multi-occupancy residential buildings in England, as well as commercial premises throughout the UK, must comply with increasingly stringent fire safety measures. Following the 2017 Grenfell tragedy – a catalyst for the introduction of higher standards of competency in terms of services provision – the spotlight has shone on fire safety requirements, and the bar has undoubtedly been raised to improve protection with respect to fire safety for buildings’ staff and residents.

Life safety fire risk assessments

‘Life safety fire risk assessment’ (LSFRA) is legislatively required for almost all non-domestic premises and underpins fire safety arrangements.

Property developers have a duty of care towards the occupants of their buildings. Conducting fire risk assessments helps identify potential fire hazards, assess the level of risk and implement appropriate fire safety measures.  These assessment findings must be implemented by a legally identified ‘Duty Holder’, who may be one of a number of possible persons, to help ensure people and premises are kept safer. Employers/owners/managers of premises are likely to be identified as the legal Duty Holder [referred to as the ‘Responsible Person’ in the Regulatory Reform (Fire Safety) Order 2005, introduced in England and Wales in October 2006 – other similar legislation covers Scotland and Northern Ireland.]

In practice this means any fire safety shortcomings identified must be remedied in full, as specified, with recommendations adopted and completed within the stipulated timeframe. The results of an LSFRA may require, for example, the implementation of fire safety protections including fire detection, extinguishing and alarm systems, and emergency evacuation procedures – depending on the type of building involved. Assessment is best conducted once a building is occupied and operational since how it is put to use is as important a part of the assessment as the physical elements, such as escape routes and fire doors.

Competency considerations

Current fire safety legislation does not define fire risk assessor competence, but Government guidance states that where identified Duty Holders are unwilling or unable to complete an LSFRA, advice should be sought from a demonstrably competent person. The guidance recommends assessments be conducted by a person with comprehensive training and experience in the specific type of fire risk assessment to be carried out.

Third party certificated or approved providers can provide significant reassurance for Duty Holders seeking help in meeting their fire safety obligations, by providing an objective assessment of their capabilities and adherence to established standards.

Third party certificated LSFRA providers all commit to an independent on-going audit programme to verify their competency. Holding approval from a UKAS (United Kingdom Accreditation Service)-accredited independent certification body such as NSI evidences their competence to conduct fire risk assessments. This involves reviewing documentation, conducting on-site inspections and assessing operational practices to ensure compliance with the required industry standards and best practice.

Building Safety Act changes

Recent amendments to the Regulatory Reform (Fire Safety) Order 2005 by the Building Safety Act 2022 will require the Responsible Person to record their fire risk assessment in full, not just the significant findings. These changes, come into force in England on 01 October 2023.

Third Party Certification Bodies such as NSI inspect organisations against the BAFE Life Safety Fire Risk Assessment Scheme SP205, which exists to ‘deliver quality, independent evidence that providers are competent to deliver quality fire risk assessment services’.

NSI is appointed by BAFE – which develops specialist schemes for the fire sector in conjunction with stakeholders such as NSI, the National Fire Chiefs' Council (NFCC), insurance companies and the fire safety industry, in the public interest – as an independent UKAS accredited Third Party Certification Body to deliver BAFE schemes including SP205.

NSI’s Fire Gold Scheme goes a step further: it integrates LSFRA competency with quality management system capability, as prescribed in the ISO 9001 Quality Management System Standard. As such, holders of NSI Gold approval demonstrate capability in the quality and relevance of the LSFRA being provided.

Conclusion

Merely meeting legislative requirements is no guarantee that Duty Holders will not be fined or even imprisoned if a fire or false alarm leads to a visit by a Fire & Rescue Authority’s fire safety team and subsequent enforcement action.

A company and director operating a petrol station in Lanner, Cornwall, were ordered to pay £108,028 in fines and costs at Exeter Magistrates’ Court in February 2023 after pleading guilty to five offences under the Regulatory Reform (Fire Safety) Order 2005. The offences, which included not having a suitable and sufficient fire risk assessment, were identified by officers of Cornwall Fire and Rescue Service (CFRS) following a fire safety inspection in October 2022.

Fire risk assessments play a fundamental role in emphasizing the growing importance of fire safety protection. They provide a structured framework for identifying, evaluating, and mitigating fire hazards, thereby safeguarding lives, property, and the continuity of operations.

With further significant changes in the legislative landscape for fire safety on the horizon, particularly concerning competency, now is the time for property developers, investors and landlords to avoid these risks and gain peace of mind by ensuring those conducting their fire risk assessments are third party certificated and are beyond reproach in meeting the necessary legal requirements and industry standards.

Author: John Davidson, Approval Schemes Manager, National Insurance Inspectorate