What Happens If A Fire Inspector Visits Your Premises

This is a guide for Responsible Persons (RP) as designated under The Regulatory Reform (Fire Safety) Order 2005 (RRFSO) and indicates how most UK fire authorities will conduct themselves. Your local fire service will have their own fire safety inspectors who have the authority from the fire regulations to stop or restrict certain activities at your premises. So what happens if a fire inspector visits your premises?

Fire Safety Inspectors have differing job description titles depending on which regional FRS they belong, for the purpose of this guide we will refer to them as Enforcement Officers (EO). Fire can have a serious effect upon people and premises, for more information please read this: https://aegisassociates.co.uk/the-implications-of-fire/

Who Enforces Fire Safety Law?

Fire safety law is enforced by Fire Safety Enforcement Officers from the local Fire and Rescue Service. They have the right to enter any workplace at any reasonable hour, without giving notice, though notice may be given where the inspector thinks it is appropriate. The responsible Person (RP) should establish if the Enforcement Officer (EO) has the authorisation to conduct an inspection before allowing him on the premises. The EO will then conduct an inspection to check your work activities, management of fire safety and audit your fire risk assessment to ensure you are complying with fire safety law. This is usually where a requirement to conduct a fire risk assessment is highlighted to you. The EO will offer guidance or advice to help you in complying with fire safety legislation, this is a duty that they have towards you. He/she may also talk to employees or their representatives about fire safety and how regular they participate in fire drills and if they have received any fire safety information, take photographs, they can also serve notices which will demand action from you, usually by allocating sufficient resources to rectify any failings identified during the inspection. If there is a risk to life, then your premises may have to close for a period of time until it has been made safe to re-open.

Enforcing

If the inspector finds a breach of fire safety law, the inspector will decide what action to take. The action will depend on the nature of the breach. Inspectors may take enforcement action in several ways to deal with a breach of the law.

Informal action

Where the breach of the law is relatively minor, the inspector may tell the Responsible Person, what to do to comply with the law and explain why. The inspector will, if asked, write to confirm any advice.

Enforcement Notice

Where the breach of the law is more serious, the EO may issue an enforcement notice to tell the responsible person to do something to comply with the law. The EO will discuss the notice and, if possible, resolve points of difference, before serving it. The notice will say what needs to be done, by when and why. The time period within which to take the remedial action will be at least 21 days. This will allow you time to appeal if you so wish. We stress that you are strongly recommended to act upon any advice and recommendations given to rectify any points of concern which led to the notice being served.

Alteration Notice

The EO may issue an alteration notice if he/she is of the opinion that the premises constitute a serious risk to relevant persons

• Whether due to the features of the premises, their use, any hazard present, or;
• Any other circumstances or;
• May constitute such a risk if a change is made to them or;
• The use to which they are put.

The notice must state that the enforcing authority is of the opinion the matters identified constitute a risk to relevant persons or may constitute such a risk

• If a change is made to the premises or
• The use to which they are put.

The RP will be told in writing about the right of appeal to a magistrates court.

Prohibition Notice

Where an activity involves, or will involve, a risk so serious that people are in imminent danger, emergency powers can be used to prohibit or restrict the use of the workplace/ premises until the risk has been reduced to an acceptable level. The prohibition or restriction notice will explain why the action is necessary. The RP will be told in writing about the right of appeal to a magistrates court. Again it is highly recommended to act upon any advice and recommendations given to rectify any points of concern which led to the notice being served.

Prosecution

In some extreme cases the inspector may consider that it is also necessary to initiate a prosecution for failing to comply with fire safety law.

Information that you need to provide to Employees.

As an employer you must provide information and instruction (and training where necessary) to your employees and anyone else working on your premises, such as contractors in relation to any risks identified and fire safety measures provided.

Complaints

If you feel that you have not been treated correctly, then you mayrequest to contact the inspectors manager to discuss the problem. If you are not satisfied with the response, you can progress the matter formally, here is some supporting information. https://www.gov.uk/workplace-fire-safety-your-responsibilities/enforcement-appeals-and-penalties.

Each Fire and Rescue service (FRS) will have its own complaints procedure, so its always a good starting point to check out any information on their website.

If you need any further advice, guidance or even a fire risk assessment please contact us HERE.