Buildings and maintenance / Fire safety
BRISTOL DIOCESAN ADVISORY COMMITTEE FOR THE CARE OF CHURCHESFIRE SAFETY - LEGISLATION AFFECTING CHURCH BUILDINGS AND ACTIVITIES
WHY HAS FIRE SAFETY LEGISLATION BEEN CHANGED?
Until now there have been over 100 separate pieces of legislation dealing with fire safety. Some organisations were subject to a multiplicity of Acts and enforcement authorities, often contradictory and conflicting, while other buildings and events open to the public were not covered at all.
The new legislation is the Regulatory Reform (Fire Safety) Order 2005, which took effect from 1 October 2006. It covers fire safety law in one single piece of legislation.
THE MAIN CHANGES: -
• The new Order applies to all buildings other than single domestic dwellings and a few other limited exceptions. It supersedes all previous responsibilities for fire safety (the Fire Precautions Act 1971, Health and Safety at Work Act 1974, Licensing Act 2003, etc).
• All persons in the premises – workers, volunteers, visitors or members of the public - must be taken into account. Provision must be made for the able-bodied, the disabled or infirm, adults, children and the elderly.
• The main means of compliance is by Fire Risk Assessment of each individual building. (Any Fire Certificates issued under the Fire Precautions Act 1971 no longer have any effect.)
• For each building or site there must be an appointed Responsible Person with overall responsibility for compliance, and one or more Competent Persons to assist them in the day to day implementation and monitoring of fire safety.
• For church buildings and their outdoor events (unless held in sports grounds), the local Fire and Rescue Service is the sole enforcing authority.
• Owners or occupiers of any new building should not be faced with additional works when they move in. For new buildings, there will be better co-ordination between the Building Regulations (administered by the local authority) and the requirements of the new Order (the Fire and Rescue Service).
HOW DO THESE CHANGES AFFECT CHURCH ACTIVITIES?
• All churches and church halls are brought under the new legislation as “places of public assembly”. There are no exceptions.
• Outdoor activities - acts of worship, garden fetes, fairs or other events - also count as public assemblies. Appropriate fire safety measures must be taken.
• Church buildings used as offices, charity shops or the like will have been covered by previous legislation but now need to review their arrangements in the light of the new Order. In particular Fire Certificates no longer apply.
WHEN DO YOU NEED TO COMPLY?
It is not necessary to have fully complied by 1 October 2006 but you should have management changes in hand to appoint the Responsible Person and Competent Persons and a date by which you expect to carry out the Fire Risk Assessment.
WHAT DO YOU NEED TO DO?
ALL CHURCHES will need to do the following:-
• Appoint a Responsible Person.
In a church, the Responsible Person is likely to be the PCC. In that case the individual PCC members would need to take all reasonable steps to co-operate and co-ordinate with each other.
• Carry out a Fire Risk Assessment.
The Responsible Person’s initial responsibility is to have a Rire Risk Assessment carried out. If he/she/they are competent to do it, then that is permissible. (There are standards for the appropriate level of training, experience and/or knowledge required. Please see the appropriate Guide.) Otherwise the assessment must be carried out by the Competent Person/s (see below).
• Appoint one or more Competent Person/s.
The Responsible Person must appoint one or more Competent Person/s. He/she/they may carry out the Fire Risk Assessment, if that is beyond the expertise of the Responsible Person (but see section above). The other role of the Competent Person/s is to undertake preventive and protective measures identified by the Fire Risk Assessment.
• Take appropriate measures.
Measures include the following:- hazards must be identified; people at risk must be identified; the level of risk must be evaluated; precautions must be taken (including extinguishers, emergency lighting and escape routes); stewards or fire safety representatives appointed; and clear fire safety information must be provided for all users of the building.
THIRD PARTIES occupying any part of a church building (such as a charity in office accommodation for example) must also appoint their own Responsible Person and liaise with the church on fire safety measures. Any regular church facility hirer, for example a playgroup, will need to do likewise.
OCCASIONAL HIRERS (for example people who hire a church hall for a concert or birthday party) must conduct their activities in a safe way from fire. Your Responsible Person must ensure that such persons are aware of the fire precautions and what to do if a fire occurs. You will need to consider changes to your Hire Contract as part of the management of the fire risk.
CHURCHES MEETING IN A NON-CHURCH BUILDING OR COMPLEX must see that their Responsible Person co-operates with the owner, landlord and other occupants on fire safety matters and keeps church members informed of what is expected of them.
INFORMATION ABOUT THE REQUIREMENTS
The Department for Communities and Local Government (DCLG) has published a number of guides to the new Order. The general (“Entry Level”) guide 'A short guide to making your premises safe from fire' outlines the duties of those responsible for fire safety. It is available on the DCLG website www.firesafetyguides.communities.gov.uk or the Fire Gateway website www.fire.gov.uk.
There are also more detailed guides for a range of occupancies. Churches will need to obtain those which relate to their activities - there may be several categories which apply. Those which concern church buildings and activities are:-
• Guide 6 - Small and medium places of assembly (with a capacity of less than 300).
• Guide 7 - Large places of assembly (capacity of 300 or more).
• Guide 10 - Open air events and venues.
NB Guides 6 and 7 include information on using marquees.
• Guide 1 - Shops and offices - relevant to churches with office and/or shop accommodation in their buildings.
• Guide 3 - Sleeping Accommodation – relevant to churches which run hostels and other living accommodation.
These Guides may be downloaded free of charge in pdf file format. (They have 100 - 200 pages each, though you may not need to print all the pages.) Printed copies can be bought at £12 each, inclusive of p&p, from:
DCLG Publications,
PO Box 236, Tel: 0870 830 7099
WETHERBY, Fax: 0870 1226 237
West Yorkshire,
LS23 7NB e-mail: odpm@twoten.press.net
The Churches Main Committee (CMC) also has a booklet entitled 'Fire Precautions Guide' at £2 including p&p. This has been updated to take account of the new legislation. Contact the CMC at www.cmainc.org.uk or tel: 020 7898 1878.
VICARAGES AND OTHER CHURCH HOUSING
These are usually single-family dwellings, and are exempt from the new Order. Members of the public often visit to meet the incumbent or another minister, but it is not thought that this will make such buildings '”places of public assembly”. However where a vicarage is directly attached to, or actually part of a church building which does come under the new legislation, then the Fire Risk Assessment of the building should cover it too.
Churches which run their own hostels for accommodating church workers and/or visitors will need to heed the new legislation as it applies to “Sleeping accommodation”.
HISTORIC CHURCHES
Most of the Guides have a short appendix which acknowledges that older and/or listed buildings may not be capable of physical alteration to the same degree as newer buildings. In some historic churches certain items - fire alarm systems, signage, emergency lighting and outward-opening doors – may not be necessary, if the Fire Risk Assessment shows that the risks can be eliminated or properly managed in another way. For example, rather than making irreversible changes to ancient doors, one solution might be to have stewards with torches positioned to open and supervise the exits.
WILL A FACULTY BE NECESSARY?
Depending on what is needed, alterations to buildings or the introduction of new equipment may require a faculty. Contact the Archdeacon or the DAC Office for further guidance.
FREQUENTLY ASKED QUESTIONS
Is our vicar responsible if a fire occurs?
Please see the DCLG Guides and the sections above for information about the appointment of a Responsible Person.
What should our Fire Risk Assessment cover?
See the relevant DCLG Guide(s) as outlined above. The Fire Risk Assessment should cover all buildings and open-air meeting sites (including those used only occasionally).
Can you provide a suggested format?
The EIG has produced a suggested format for a Fire Risk Assessment which is included in this leaflet as an Appendix.
We have a very complicated site. Can we do the Fire Risk Assessment ourselves?
Small and simple buildings should be straightforward to assess. But if the building or site is more complex, and you feel you are not qualified, it may be necessary to employ a properly qualified third party to carry out or assist with the Fire Risk Assessment. This could be one of the following:-
- the quinquennial architect or surveyor; or
- a corporate member of the Institution of Fire Engineers; or
- a person holding a degree in Fire Safety Engineering; or
- a company specialising in conducting Fire Risk Assessments.
Any third party should be accompanied round the building by someone with a good knowledge of how the building is used throughout the year.
Should we keep written records?
Where 5 or more people are employed, the Order requires that a formal written record should be kept of the Fire Risk Assessment and any physical and management measures it has identified. Even if this does not apply to your church, it is advisable to keep written records for future reference.
Is this a “one off” event?
A principal aim of the new Order is to ensure that fire safety is incorporated into day-to-day use of the building, so in that sense it is an ongoing activity. The Fire Risk Assessment should be kept up-to-date and reviewed regularly, for instance to ensure that the necessary changes have been made. It should certainly be re-examined whenever there are physical alterations within the building.
In future your quinquennial inspection report will ask the architect/surveyor to check that the Fire Risk Assessment has been carried out and is kept up to date.
How do we appoint someone to carry out a Fire Risk Assessment?
Currently several organisations may accredit persons to undertake risk assessments. These include the Fire Protection Association, The Institution of Fire Engineers and the Loss Prevention Certification Board (details are given below).
If you are approached by an organisation offering any service of this type, for example a fire extinguisher supplier, a basic precaution is to ask about registration with one of the bodies listed below, a sample of a previous Fire Risk Assessment and evidence of Public Liability insurance.
One of our church members knows someone who can help.
If a church has someone with experience of procedures in Health and Safety at Work, or who is an architect, building surveyor or fire officer, he/she could be appointed as a Competent Person. It should be possible for such a person to carry out the Fire Risk Assessment without further assistance.
Do we have to close the church when there is no Responsible Person on site?
No. The Fire Risk Assessment and implementation of necessary improvements is a process. The Order does not require the Responsible Person to be on site permanently.
Will we be inspected?
In due course local Fire and Rescue Services will carry out audits to check on compliance. The Order allows them to enter premises at any time, without force. They will look for evidence that the Fire Risk Assessment has been carried out and the findings implemented. Where necessary they will work with the Responsible Person to identify suitable improvements.
Will we have to change our medieval doors?
See above under “Historic Churches”. In any case the legislation requires “reasonable and practicable” fire safety precautions to be taken. The DCLG Guides give what they consider to be reasonable and practicable requirements. (In the ultimate circumstances of prosecution, the final decision as to what is “reasonable and practicable” for any building or site would rest with the courts.)
USEFUL CONTACTS
The Fire Protection Association
London Road, MORETON-IN-MARSH, Glos GL56 0RH *
Tel: 01608 812500 Fax: 01608 812501
The FPA is an insurers-backed organisation. Besides providing accreditation of those it considers able to carry out assessments, it can carry out assessments with its own staff or consultants. Fees are based on the size of the building.
The Institution of Fire Engineers
London Road, MORETON-IN-MARSH, Glos GL56 0RH *
Tel: 01608 812500 Fax: 01608 812501
The Institution of Fire Engineers (IFE) is the professional society for those working in fire safety in both public and private esctors. It has a Register of Fire Risk Assessors and Auditors, who are persons proved to have both knowledge and experience in carrying out assessments.
* Both the FPA and the IFE are based at the Fire Service College.
The Loss Prevention Certification Board
BRE Certification, Garston, WATFORD, Herts WD25 9XX
Tel: 01923 664100 Fax: 01923 664994 www.bre.co.uk
The Loss Prevention Certification Board is part of BRE Ltd (formerly the Building Research Establishment), a “not-for-profit” company. Like the FPA it not only trains and certifies people as being qualified to carry out assessments but can offer its own staff to carry out assessments.
WITHIN THE DIOCESE
The Archdeacon of Malmesbury, The Venerable Alan Hawker
Church Paddock, Church Lane
Kington Langley, CHIPPENHAM, Wilts, SN15 5NR
Tel: 01249 750085 Email: alan@venjen.fsnet.co.uk
The Archdeacon of Bristol, The Venerable Tim McClure
10 Great Brockeridge, Westbury on Trym
BRISTOL BS9 3TY
Tel: 0117 9621433 Email: tim.mcclure@bristoldiocese.org
The Diocesan Registry
14 Market Place
WELLS, Somerset, BA5 2RE
Tel: 01749 674747 Email: gill.hawkings@harris-harris.co.uk
The DAC Office
Church House, 23 Great George Street
BRISTOL BS1 5QZ
Tel: 0117 9060100 Email: celia.gibbons@bristoldiocese.org
APPENDIX (WITH THANKS TO THE EIG)
FIRE RISK ASSESSMENT FORM
Name and address of Church……………………………………………………………………………
Assessment undertaken by………………………………………………...Date………………………….
Area assessed (e.g. Ringing Chamber)………………………………………………………………………...
HAZARDS/RISKS/ PERSONS
(Note here the existing situation) ADDITIONAL CONTROLS
(Note here the additional measures that are needed to reduce the risk to an acceptable level and record when they have been implemented)
1. What are the Fire Risks?
(Note details of any flammable liquids, combustible materials, and persons at risk)
2. Can a fire be detected in a reasonable time and people warned?
(Note details of any automatic fire detection system or other means by which a fire can be detected)
3. Can people in the building get out safely?
(Note details of fire exit doors, escape routes, emergency lighting and signage)
4. Is there adequate fire fighting equipment?
(Note details of existing fire extinguishers, hose reels etc.)
5. Do people know what to do if there is a fire?
(Are there any written evacuation procedures?)
6. Is a regular check made that fire fighting equipment is in place, are people trained in its use and is it regularly maintained?
(Note details of existing procedure for checking and maintaining fire-fighting equipment and training)
Bristol DAC/October 2006
With grateful acknowledgements to the Ecclesiastical Insurance Group (EIG)and St Alban's DAC