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Enforcement

Enforcement

Enforcement

EnforcementThe Fire and Rescue Authority has the power to inspect premises to check that the duties under the Regulatory Reform Order are being complied with. The only exceptions to this are:

  • Crown-occupied/owned premises which Crown Fire Inspectors will enforce.
  • Premises within armed forces establishments which the defence fire and rescue service will enforce.
  • Certain specialist premises, including construction sites, ships (under repair or construction) and nuclear installations, which the HSE will enforce.
  • Sports grounds and stands designated as needing a safety certificate by the local authority, which the local authority will enforce.

If we come to inspect your premises we will look for evidence that you have carried out a suitable fire risk assessment and acted upon the significant findings of that assessment. If, as is likely, you are required to record the outcome of the assessment, we will expect to see a copy. If we are dissatisfied with the outcome of your fire risk assessment or the action you have taken, we may issue an enforcement notice that requires you to make certain improvements or, in extreme cases, a prohibition notice that restricts the use of all or part of your premises until improvements are made. If your premises are considered to be high risk, we may issue an alterations notice that, amongst other things, requires you to tell us before you make any changes to your premises or the way they are used. When an Enforcement, Prohibition or Alteration notice is issued, the details are recorded on the National Enforcement Register which is hosted by the Chief Fire Officers' Association (CFOA). The database gives details of notices issued to 'responsible persons' by fire and rescue authorities on the Regulatory Reform (Fire Safety) Order 2005.

Failure to comply with any duty imposed by the Order or any notice issued by the Fire Authority is an offence.

You have a right of appeal to a magistrates court against any notice issued. Where you agree that there is a need for improvements to your fire precautions but disagree with us on how these are to be achieved, for example, what type of fire alarm system is needed) you may agree to refer this for an independent determination. New buildings or significant building alterations should be designed to satisfy current building regulations which address fire precautions. However, you will still need to carry out a fire risk assessment, or review your existing assessment (and act on your findings), to comply with the Order.