The Regulatory Reform
(Fire Safety) Order 2005

A call to action

By Edward Phillips

A rude awakening

My wife runs a Guest house in Dersingham, Norfolk. When we opened four years ago we called out the Fire Officer for his views on the fire precautions that we had incorporated into our fire strategy. At the time we were complimented on a well thought out plan.

Now that the Regulatory Reform Order (RRO), incorporating a mandatory inspection, is in place and being interpreted by the Fire Brigade, suddenly we are being asked to undertake extra work and incur extra expense.

The RRO applies to all properties no matter their size. Even if you are letting out one room in the summer months the same rules and requirements apply. A lot of businesses can and are being forced to stop operating.

Where previously large buildings were covered by the a Fire Certificate (Fire Precautions Act 1971) this certification has now been removed and the RRO Applies. Unfortunately the Fire Brigade is in some circumstances using this as a second bite at the cherry. i.e. where a building up to now has complied, notices are now being served asking for a higher standard of Fire Protection to be installed. To my understanding this is not with in the spirit of the act.

I'm the lucky one

As I am a professionally qualified Building Surveyor and also as I work with John Blake, an ex-fire officer and qualified Fire Engineer, I am able to deal with the Fire Brigade. However, we are concerned with way that this legislation is being interpreted by the Fire Brigade. We are also concerned that our colleagues in the industry are not trained to deal with these issues as we are.

When it came into force in October 2006, the RRO required a Fire Management Statement to be provided for non-domestic buildings. This obviously includes B&Bs, guesthouses and hotels. The Fire Management Statement is not an option, it is a requirement.

The Fire Officer is calling

John Blake and I, as responsible persons, have produced numerous statements in compliance with the requirements of the Fire Safety RRO. As can be seen on bed.gb.com's Forum, the Fire Officer is now active in calling on all premises to carry out an inspection and then to issue a notice of the additional works required.

Is the Fire Officer acting beyond his powers?

All commercial properties are required to conform to the Fire Safety RRO by producing a Fire Management Statement and this must be approved by the Fire Brigade. As stated before we are concerned with the enforcement of this legislation and are of the mind that the Fire Brigade is acting in an Ultra Vires manner; that is they are acting beyond their powers. An example is what is known as the “Cornwall Case” where a local authority environmental officer insisted that a restaurant carried out additional work before he would issue a certificate. The restaurant carried out the required work and then sued the local authority for acting beyond their power. On winning the case, the restaurant was awarded the costs of the additional work.

Action committee

Having studied this legislation, attended seminars and written fire management statements in compliance with the Fire Safety RRO, both John and I are concerned with the Fire Officer's interpretation and enforcement of the legislation. What we are seeking to do is, with you, form an “Action Committee” to challenge the Fire Brigade interpretation on several selected cases. This may involve contacting the responsible Brigade and discussing its decision or even taking the case to court and seeking Judicial Review on its interpretation.

Therefore, we would like your assistance: if you think that the recommendations from the Fire Officer in relation to your business have been over-zealous, please contact us. You may not have had your inspection but you certainly will in the not-too-distant future.

Commercial solicitor

This week we are having a meeting with a commercial solicitor to discuss the legislation and its interpretation. We have discussed the principle with him already and now need to discuss the legislation with him. Providing he confirms our understanding of the legislation, we would be interested in challenging the Fire Officer over suitable cases.

Join the action group

Once established, the ‘action group’ can help by advising and assisting colleagues in the industry to appeal and challenge any over-zealous inspection and enforcement notice. Obviously costs will be incurred, but it will be more cost effective acting as a group in the interest of all than taking out individual actions. We need your help to establish a committee to raise the profile and help with administration a general assistance.

If you are interested in helping us develop this group, please contact me on ehp.pwc@btinternet.com or 01485 544562. The greater the number of members, the less the costs incurred. Talk with me on The Forum.

About The Author and his Associate

Edward Phillips, MBEng, Techs, RICS, MFPWS, ABAFSA, of Gemstone Property Associates Ltd, is a professionally qualified Building Surveyor specialising in Building Regulations and Disability Access, with over 25 years experience.

John Blake, M.I.Fire E., is an ex-fire officer and qualified Fire Engineer, with over 30 years' experience