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Fire Precautuions Act & Fire Risk Assessment
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Posted By Rod D
Hi Guys
A bit of advice please one of our tenants has had FRA undertaken for their demise and they have asked me to look at it.
The opening paragraph is as follows see below, now I was of the opinion that the Fire Precautions Act 1971 and other Fire Legislation was repelled by The Regulatory Reform (Fire Safety) Order 2005
Should they be making reference to the out dated legislation?
Your thoughts please
Aye
Rod D
"An inspector appointed by the Fire and Rescue Service and in possession of an instrument in writing (a warrant) has powers under the following legislation";
a) Fire Services Act 1947. Section 30
b) Fire Precautions Act 1971 and subsequent amendments. Whole Act
c) Health and Safety at Work etc. Act 1974 (HASWA).
Sections 19,20,21,23 and 25 and the
Construction (Health, Safety and Welfare) Regulations made under HASWA.
d) The Regulatory Reform (Fire Safety) Order 2005
e) All Acts and Regulations made under the above Acts.
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Rank: Guest
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Posted By Paul Leadbetter
Rod
The FPA 1971 was repealed by the RRFSO, the Construction Regs were revoked by CDM 2007; not sure about the Fire Services Act.
The competence of anyone referring to old legislation is questionable in my view.
Paul
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Rank: Guest
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Posted By FAH
Hi Rod
If I found that kind of preamble in a FRA since the Fire Safety Order [or Scottish Act] became active, it would give rise to my having concerns as to the producers competence. Come to think of it; it wouldn't give me a great deal of confidence before either!
You may wish to consider the following comments.
The FSO revoked &/or repealed:-
Fire Precautions Act 1971 and subsequent amendments - whole Act;
Regulations made under the FPA.
The FSO legally broke the link with H&S by explicitly excluding the application of the HSWA & MHSW. However, the MHSW topics are reproduced almost in entirety in the FSO!!
The Construction (Health, Safety and Welfare) Regulations no longer exist as they have been revoked & incorporated into CDM 2007.
The Fire Services Act 1947 has ben repealed by the Fire & Rescue Services Act 2003.
You decide what you think of your FRA provider!
Frank Hallett
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Rank: Guest
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Posted By Stuff4blokes
Rod, there are errors in the blurb, but is the real meat of the assessment any good? Surely that is the most important thing for the comissioniong organisation.
The powers of an enforcement officer are completely irrelevant to a fire risk assessment.
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Rank: Guest
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Posted By Rod D
Paul, Frank,
My sentiments as well, I meeting with my tenant on Thursday to discuss this as it was the tenant that used this consultant.
Many thanks
Rod
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Rank: Guest
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Posted By Crim
It appears to me that the assessor is making threats by using so much powerful jargon at the front of his report?
As far as I am aware the only fire regulation now relevant is FSRRO.
Const H S & W Regs are now included in CDM.
I'd recommend asking for a refund as he is nowhere near up to date.
Can you trust his asessment?
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Rank: Guest
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Posted By Rod D
Crim
I will be telling our tenant that they should be asking for a refund.
It looks very "Ify" to me he has made sweeping statements such as:
"Evacuation times and/or length of escape routes are unsatisfactory. Arrangements should be provided to ensure that the emergency routes and / or exits provide for quick and safe evacuation or; reduce the excessive travel distance or provide suitable alternatives which will ensure quick and safe evacuation".
Myself and the tenant are none the wiser as they make no comment to the location of this or these Escape Routes and there is not one photograph in this Assessment, I was always taught a Picture Speaks a Thousand Words.
Scary that there are people out there taking good money off good people for such (In my humble opinion) tat.
Yours Aye,
Rod D
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Rank: Guest
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Posted By martinw
Not wrong Rod
where I took over in my current role I inherited the task of reviewing FRA's and some of them, like the one you are dealing with, are nowhere near specific enough. A lot of them give info like: 'this should be amended so as to be in compliance with current legislation' - without saying how, why or what legislation. Often it was, I suspect, to make it easier after each 12 month review(ideally)to just check if the law had changed. If not, no change required in the assessment.
In terms of advice, that can differ. This forum shows that we do not always agree on strategy. But in terms of the basics, if someone is carrying out fire risk assessments on a property and are not aware of RRO or CDM - two of the big cheeses if you like - it makes you wonder if they are aware of building regs, the government guides etc.
Is giving advice which is so (allegedly)off the mark and in practice if followed could be dangerous, bordering on negligent or even fraudulent?
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Rank: Guest
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Posted By Crim
However - and this has been discussed in other threads, there is no requirement for the fire risk assessor to be "competent".
Be careful out there!
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