I was fortunate enough to meet some of the Govt advisors who effectively complied the Fire Safety Order.
Let’s not forget, they didnt have a free hand in writing it and had to ensure it complied with Tony Blair’s Government’s commitments from the Labour Party’s previous manifesto promises.
One Labour promise was to reduce the burden on industry by cutting ‘red tape’. Indeed in 2006, Blair announced an ambitious plan to save £millions by cutting red tape by 25% by 2010.
Against such a background, the idea to make all businesses - and especially SME’s with a low fire risk - to employ a competent person was never going to be politically acceptable.
So, although the Responsible Person had to compile a ‘suitable and sufficient’ (legally compliant) FRA, he didnt need to be competent. It was a dangerous cop out to be honest and has had difficult consequences.
A better idea would have been to set a risk threshold. Any premises above that threshold would need a competent person to write the FRA.
The Fire Precautions Act 1971 (replaced by The Fire Safety Order) already had a built in threshold when determining whether a premises needed a Fire Certificate which were if:
1) More than twenty persons are at work at any one time
2) More than ten persons are at work at any one time elsewhere than on the ground floor of the building constituting or comprising the premises;
3) Factory premises, storing or using explosive or highly flammable materials are stored or used in or under the premises.
4) Hotels the numbers were as follows:
a) Sleeping accommodation for more than six, being staff or guests
b) Some sleeping accommodation is provided for staff or guests on any floor above the first floor
c) Some sleeping accommodation is provided below the ground floor of the building for staff or guests
That perhaps would not have been an ideal definition of the Fire safety Order threshold, but you see what I mean.
So as there was no need to be competent to draw up a FRA, why have any system to register or lay down standards?
The result is that in places it was the Wild West out there with all sorts of cowboys setting up in business. One guy I knew was a former car clamper who had little competence but was very persuasive - a gold standard gift of the gab
He won contracts in a heritage shopping mall in Mayfair and a power station in Humberside. He often phoned me for advice and was constantly wanting me to work for him. That was never gunna happen!!!
I am optimistic that cowboys like him and H&S competent people chancing their arm in fire safety will be a thing of he past IF competency is managed properly.
We will see