This is the biggest overhaul of fire safety legislation in decades as the new legislation brings together most of the existing fire legislation and introduces a number of changes with a greater emphasis on fire prevention. Statistics show that in 2003, there were 3,401 fires in industrial premises resulting in three deaths and 153 other casualties (Fire Statistics (2003)).

These new rules are based on the 1997 document Fire Legislation for the Future and were developed with stakeholders from the fire industry, unions, business interests and others and a subsequent consultation.

All employers have a responsibility to ensure the safety of employees and visitors during hours of work and at places of work. The main effect of the new rules is a move towards a greater emphasis on fire prevention and reducing risk in all non domestic premises. It will cover the voluntary sector and those that are self employed with their premises separate from their home.

Interestingly, fire certificates will no longer be required. Any that have been issued will no longer have any legal status.

Whilst the Fire Safety Order will apply in England and Wales, Northern Ireland and Scotland will have their own laws. The new rules in Scotland are now expected to come into force in October 2006 at the earliest.

Responsibility for complying with the Fire Safety Order will lie with a 'responsible person'. In a workplace, this is the employer and any other person who may have control of any part of the premises such as the occupier or owner. In all other premises those in control of the premises will be responsible.

In situations were there is more than one responsible person in any type of premises, all will be required to take all reasonable steps to work with each other. The responsible person will have to:

• Carry out a fire risk assessment focusing on the safety in the event of a fire of all 'relevant persons'. The assessment should consider those at special risk such as the disabled and those with special needs. It must also assess any dangerous substance likely to be on the premises.

• Identify risks that can be removed or reduced.

• Decide the nature and extent of the general fire precautions to be taken to protect people against the fire risks that remain.

Employers of five or more people must record the significant findings of the assessment.

As from October the local fire and rescue service authority will be responsible for enforcement of the new rules. They will be carrying out regular inspections with the main priority going to those premises that cause the greatest risk to the community. Helpfully, before making changes the fire and rescue authorities have undertaken, and will continue to do so, wide consultation with their local communities.

In summary, how will you know if you or your client will be affected by the law change? Are you / they:

 Responsible for business premises?

 An employer?

 Self-employed with business premises?

 A charity or voluntary organisation?

 A contractor with a degree of control over any premises?

If the answer is yes to any of the above questions then action needs to be taken by October 2006. The ODPM is working with a range of partners from industry and the fire and rescue service on a publicity strategy to raise awareness of the new laws amongst those affected. There will also be a series of eleven guides that will be published to assist those preparing fire risk assessments before October when the law comes into force. The guides are being written with the aim that a responsible person, with limited formal training or experience, should be able to carry out a fire risk assessment.

A further update will be provided when the guides have been published. If in the interim you would like any further information regarding the new fire safety rules, then please contact me.

Energy Review Consultation

The DTI Secretary of State and Minister for Energy launched the consultation document: “Our energy challenge: securing clean, affordable energy for the long term” and the 12 week formal consultation period closed in April 2006.

The consultation has a broad scope and considers a number of aspects of the energy system, including both energy supply and demand. The DTI hopes that the consultation will review the energy challenges we are currently facing and result in advice as to what should be done to secure clean, affordable energy for the long term.

After the responses are published by the DTI, a further update will be provided.

Disclaimer

The content of this article does not constitute legal advice. You should always consult a suitably qualified lawyer for professional advice about any specific legal matter of concern to you. George Davies Solicitors, its partners and staff do not assume any responsibility for information contained within this document and disclaim all liability relating to such information.

About George Davies Solicitors

George Davies were highly rated, in the North West, in nine different categories of the 2005 Legal 500 review and in Chambers and Partners UK Directory. They specialise in all aspects of commercial law and boast a substantial Property Department within which sits a niche Construction team with experience in a full spectrum of construction law services. The firm was commended in the Legal 500 for their strong movements forward in a variety of property and construction deals and Chambers specifically mention its achievements in Construction. The Head of Construction, Catherine Kay can be contacted on 0161 234 8861 or emailed at catherinekay@georgedavies.co.uk

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