Construction (Design & Management) Regulations 2007

[twistedfirestopper]

I am having trouble getting a definitive answer from any of my colleagues and don't quite understand myself.

I have always believed that the HSE were the enforcing authority on construction sites. However Article 46 of the above stated order says:

Enforcement in respect of fire
46.—(1) Subject to paragraphs (2) and (3)—

(a) in England and Wales the enforcing authority within the meaning of article 25 of the Regulatory Reform (Fire Safety) Order 2005(11); or
(b) in Scotland the enforcing authority within the meaning of section 61 of the Fire (Scotland) Act 2005(12),
shall be the enforcing authority in respect of a construction site which is contained within, or forms part of, premises which are occupied by persons other than those carrying out the construction work or any activity arising from such work as regards regulations 39 and 40, in so far as those regulations relate to fire, and regulation 41.

(2) In England and Wales paragraph (1) only applies in respect of premises to which the Regulatory Reform (Fire Safety) Order 2005 applies.

(3) In Scotland paragraph (1) only applies in respect of premises to which Part 3 of the Fire (Scotland) Act 2005 applies(13).

So just having spent the last few minutes studying article 25 of the RRO can someone confirm its the HSE responsiblity and not the Local Authority FRS

[kurnal]

We have discussed this before- personally i still think its a bit of a mess. Take a look at this thread

http://www.fire.org.uk/punbb/upload/viewtopic.php?id=2986

Its one of thse things where the legislation looks fine on paper but when you actually get involved with a specific case then it all starts to get a bit messy.

[jokar]

he HSE enforce the RR(FS)O on Construction sites and also enforce the CDM.  The new regs repealed the Construction HS and welfare regs and the regs that affected fire were placed into the new CDM regs.  Therefore, the CDM regs in existing premises that are subject to construction are enforced by the FRS.

[twistedfirestopper]

Thanks for your opinions chaps. With in both of the orders there seems contradictions and greyness!!!

[wee brian]

Doesn't  seem that complicated to me.

Building site only with builders on it - HSE

Occupied building that has some building work going on whilst it is occupied - FRS

Whichever it is they both pick up the Order and the fire bits of the CDM - quite neat.

what am I missing?

[twistedfirestopper]

Brian,

Have a look at the link/thread that Kurnal put in. Until today i was not able to intepret the legislation. But you chaps have helped!

[CivvyFSO]

I previously put together a word document on this subject, quite clearly listing the relevant articles of the legislation, including repeals and modifications etc, and interpretations of what it means. Email me if you would like it.

[Rex]

CDM Regs-- RRFSO
I have a hospital with a £47.5 million being spent over 4 years to remove asbestos and refurbish 12 wards on three upper floors, all wards with contractors removing asbestos are sealed off from the staff, patients and general public, CDM Regs applicable to contractors,-- wards on same floor [H Block] occupied by patients & staff RRFSO applicable. Fire compartmentation to separate disused wards from occupied wards is being maintained, along with means of escape from both areas. I am in  consultation with fire service, health & safety department contractors, and hospital staff, as the work is progressing but it's not easy!! Maintaining the means of escape from all areas is a constant problem, not only from the internal works, but by external scaffolding blocking exit routes, and heavy plant, cranes blocking access roads. Method statements for CDM regs and fire risk assessment for RRFSO have been completed prior to work commencing but the fire risk assessment will reviewed as the works progress.

[jokar]

Nice to hear of someone doing it properly and involving all the enforcers early on.