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Posted By David Balkwell
Very interesting Shaun - Of course we will see more of this
!!! Consolidation of over 100 pieces of fire related regulation into RRO remove the Fire Cert liability and move responsilibility to owner occupiers then the fire service carry out fire cause investigations and pass comment of poor FRA without any clear guidance - sounds about right
No reference on the Gov Communities www re FRA only a very brief one pager (very poor) and no reference to PAS79 even as a starting block which is at least 15 pages !!!
I also note the link you gave has a statement at the bottom - from the Boruogh team ........
"The Borough Team can be contacted on XXXXXXXXXXX for further advice and guidance."
When the Gov Communities site states under FAQs....
"Will the Fire and Rescue Service still inspect my premises?
In some cases yes, particularly in higher risk premises. But they cannot carry out your fire risk assessment for you."
Regards
David
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Posted By Renny Thomson
I don't know why David you are being so negative about the changes in legislation.
Ownership of fire safety responsibilities should be with the owner/occupier and not reliant on the Fire Service to carry out inspections. Fire safety risk assessments should form the cornerstone of any building's fire safety management.
As for the reform in bringing together over 100 pieces of legislation, it should be easier than trying to look in over 100 statutes and guides.
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Posted By Crim
Nice one, credit due to the firefighters who attended.
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Posted By paul dryden
The action was taken under previous legislation, not the RRO(FS)O.
The fines were pretty steep and calls into question the consistency, (remember how we get castigated), of the Court system. I am not belittling the seriousness of the offence or the potentially deadly outcome, but this level of fine was only previously levelled at a hotel in Bolton where two people died.
Still maybe it is a sign that the legal system is catching up.
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Posted By Crim
I see that it was the owner who was prosecuted, is there any info available as to who did the Fire Risk assessment?
If it was an independent consultant does the prosecution of the owner mean that we who carry out risk assessments as independent advisers, on behalf of a Client/owner etc. are "fire proof" and would avoid prosecution in future if one of our fire risk assessments goes wrong? (sorry about the pun but it sounded right at the time)!
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Posted By David Balkwell
I think you are missing the point Renny (and Crim)
I think the consolidation of a maze of legislation is great
If you are familiar with the consultations on RRO you will also be aware of the presence of insurance companies during the RRO implementation process and of course their aim to reduce risk (and payout naturally)- Where has the corporate manslaughter liability now been shifted to ?
Approaching 50% of all fires reported each year are in domestic residences where on average 1000 per year are lost mainly children why was residential not included in the reform ? (the largest payouts are commercial )
The Fire Service do a great job and having been in the construction industry for the last 30yrs 25 of which as different forms of Regulator there should be adequate provision made for Fire Officer resource to increase inspection not reduce, they have specialist knowledge, most owner occupiers don't - and the gov don't appear to helping in my view
Regards
David
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Posted By Anthony Slinger
The report does not say if a fire risk assessment was carried out at all.
Is there a difference (in law) between not doing a risk assessment and doing a poor one?
In both instances there would not be "suitable and sufficient" assessment of risk.
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Posted By paul dryden
Crim,
Consultants may have been a little difficult to prosecute under previous fire safety legislation, but they are definitely in the frame under the fire safety order. All that needs to be proved is that the advice was very poor and that it led directly to serious risk. That is why the public/professional liability insurance is so expensive.
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