special premises regulations

[zimmy]

When the RR(FS)O finally comes in, the Fire Precautions (special Premises) Regs will be revoked (schedule 5). This would imply that, as the Order only gives Enforcing powers to the HSE for nuclear sites, enforcement of these premises will become the duty of the FRS. With all respect to our FS Officers, this will prove a seriously steep learning curve! However, article 26 (3) seems to imply that the FRS will be able to allow the HSE to deal with these premises as before, but I could well be interpreting it wrongly.

I would be grateful if anyone could shed some light on the future of current special premises

[Big A]

I know this was brought up by CFOA several months ago and guidance was sought from ODPM with, as far as I know, nil response.

[Shaun Doyle]

Hi,
If you consider Article 25 the answer is within. To save looking it up I have taken the liberty of copying the relevent parts below. It states:

Enforcing authorities
25. For the purposes of this Order, “enforcing authority” means—
(a) the fire and rescue authority for the area in which premises are, or are to be, situated, in
any case not falling within any of sub-paragraphs (b) to (e);

(b) the Health and Safety Executive in relation to—
(i) any premises for which a licence is required in accordance with section 1 of the
Nuclear Installations Act 1965(a) or for which a permit is required in accordance
with section 2 of that Act;

Therefore the fire and rescue service are not the enforcing authority and has no juristriction; effectively no change to what it is now.

Hope this helps.

[zimmy]

Thanks Ivorfire, but I probably havn't made my point well enough. As far as I can see, 25(b) refers to Nuclear installations for the HSE()they're welcome to them!). 'Special Premises' are a whole host of process risks that meet certain criteria in respect of storage or use of nasties as designated by the FP (spec. prem.) Regs. Therefore, subject to 26(3), they fall within 25 (a) and they are for the FRS to enforce?

[val]

FRS will be taking over the general fire precautions in sites previously subject to the fire certificate (special premises) regs. The HSE couldn't get rid of them fast enough. Many have been subject to little inspection (only a few HSE inspectors throughout the country) and yes, it is a steep learning curve.

[PhilB]

You are correct Zimmy, special premises will disappear when RRFSO comes in. FRS will be the enforcing authority in those premises that were previously covered. But enforcing authorities for this order are only interested in "General Fire Precations" as defined in article 4 and consequently process fire precautions will be dealt with by HSE.

Don't forget that under article 18 the responsible person has a duty to appoint competent persons to assist him. In the type of premises you refer to you would expect to find a suitably qualified competent person appointed for that purpose.

If during your inspection you noticed matters of evident concern with the process fire precautions you would notify HSE and they should deal with it.

The soon to be published circular giving guidance to FRS should hopefully clarify this matter, but I wouldn't hold your breath.

[zimmy]

Thanks PhilB,

I hadn't considered article 4, and as it then ties to article 8 it all makes sense now. I'm not too concerned with taking over the general fire precautions with a lack of previous enforcement but I was a bit concerned with our competence to start interfering in process risks!