Article 27 Powers

[Bruce89]

Does anyone know of a case where an Inspecting Officer was prevented from inspecting a premises as the RP believed that he only had to admit one IO. Further can anyone direct me to where it makes it clear that the IO can be accompanied by whoever he/she feels necessary.
I know this is the case but not sure where it is documented clearly.

[Dinnertime Dave]

I haven`t heard of the case, but there are only a few reasons we would go with two I/O`s
 
Firstly, when we have a new inspecting officer who is either shadowing another officer or one who is being monitored for development needs. Although, we do agree this with the RP prior to inspecting.

Secondly, following an inspection where the I/O is considering prohibition - The purpose of this is usually to the advantage of the RP as the additional officer is required to ensure that all possibilities have been considered. Let`s face it we can all get so focused on one problem we can miss the obvious solution.

Finally, I have used two I/O`s when we have awkward or aggressive RP`s. I can think of one particular head of a local independent boarding school who would try to divert your attention at the critical moment. We used to have one I/O to engage in conversation and the other do the inspection.

Is it really such a problem if the RP only wants one I/O to inspect, have you seen how many biscuits some of my colleagues eat.

[Bruce89]

Dave, I agree with all your comments but what I was really after was an answer to the following:

"Further can anyone direct me to where it makes it clear that the IO can be accompanied by whoever he/she feels necessary.
I know this is the case but not sure where it is documented clearly"

[AnthonyB]

The order itself appears to only grant powers to 'fire inspectors' but any employee authorised in writing by such an inspector for the purpose of reporting to him on any matter falling within his functions under this Order (you've got to love this legalese!) has the same powers (presumably how brigades were able to have civilian enforcement staff under an operational fire safety officer).

Reading it there is no numerical limit and as long as all the people wanting to enter are fire inspectors or authorised persons then they can come in and an RP trying limit the numbers could be commit an offence under article 32 (2)(d) (Although no doubt the fire  service may be asked by the defence to prove why it was necessary for so many people to enter in order to effectively discharge their duties).

Nothing to say they can take other people....that's only a power conferred on Environmental Health Officers under some of the various regulations they enforce such as the Food Safety Act 1990:

"32 Powers of entry.
(4)An authorised officer entering any premises by virtue of this section, or of a warrant issued under it, may take with him such other persons as he considers necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectively secured against unauthorised entry as he found them."

HSE have similar powers:

"20 Powers of inspectors.
(2)The powers of an inspector referred to in the preceding subsection are the following, namely—
(b)to take with him a constable if he has reasonable cause to apprehend any serious obstruction in the execution of his duty;
(c)without prejudice to the preceding paragraph, on entering any premises by virtue of paragraph (a) above to take with him—
     (i)any other person duly authorised by his (the inspector’s) enforcing authority; "

But not fire inspectors under the RRO.

[Clevelandfire 3]

The order itself appears to only grant powers to 'fire inspectors' but any employee authorised in writing by such an inspector for the purpose of reporting to him on any matter falling within his functions under this Order (you've got to love this legalese!) has the same powers (presumably how brigades were able to have civilian enforcement staff under an operational fire safety officer).

couple of corrections. a civilian officer is warranted the same as an operational officer. no distinction is drawn and they both have exactly the same powers derived or warranted from their cheif officer. the term civilian also applies to operational firefighters as they are not military personnel. unless you work for the armed forces we are all civilians. unless you live in america. so get used to not using that phrase civilian as some see it as derogatory and i cant say i blame them.

the term fire inspector means an inspector or assistant inspector appointed under section 28 of the Fire and Rescue Services Act 2004. in other words a crown premises inspector or whatever they call themselves these days. im talking about the bods who work under ken knight the chief fire and rescue chappie not a local fire service inspector. it has nothing to do with whether you are firefighter or non operational officer. a non operational or operational fire officer is defined as an inspector under the legislation.

clue to the original question is in the first sentence of article 27 "subject to the provisions of this article, an inspector may do anything necessary for the purpose of carrying out this Order and any measures made under it. so if that means the inspector needs to take in a fire officer buddy then he can. if it means taking in 1000 fire inspectors he can if it is reasonable and necessary for carrying out the order. if it means taking in a blind labrador with pinks spots on he can if it is reasonable and necessary for the purposes of carrying out the order or any measures made under it.

[jokar]

Ken the king, has retired and his post has been advertised.  Other CLG staff have also retuened to their previous locations, so a change at the top.

Uniformed staff both operational and non operational and non uniformed staff
working in fire safety have the same powers under Article 27 if warranted by the CFO, CE or Commissioner.  Them at the top have different titles these days.

[Bruce89]

Thanks to you all, as ever a great help, I particularly like the reference to an inspector may do anything necessary...