Neil Triggs, Chief Operating Officer – Major Projects, Fire and Compliance at Inspectas Compliance, comments on the legislative landscape for UK fire safety and fire risk assessment

The Regulatory Reform (Fire Safety) Order 2005 (FSO) is the overarching legislation governing fire safety in buildings in England and Wales.

The FSO applies to all premises including workplaces and common parts of all multi-occupied residential buildings and places legal duties on anyone in control of these premises to undertake and record a fire risk assessment.

All businesses with five employees or more must produce a documented fire risk assessment to establish that all correct measures have been taken regarding fire prevention and detection.

The Fire Safety Act 2021 clarifies that external walls, flat entrance doors and the structure of buildings are all covered by the Fire Safety Order and must be accounted for in all fire risk assessments.

Meanwhile, the Fire Safety (England) Regulations 2022 and section 156 of the Building Safety Act have brought in additional duties for responsible persons under the Fire Safety Order.

The Building Safety Act 2022 was itself introduced as a response to the Grenfell Tower fire in 2017.

The act aims to improve the safety and accountability of buildings in the UK, focusing primarily on high-rise residential buildings.

It was also enacted to enhance building safety measures and mitigate risks associated with high-rise residential buildings.

It establishes a more rigorous regulatory framework to ensure that buildings are constructed, managed, and maintained to the highest safety standards.

In 2023, several updates were made, bringing significant changes which impact building owners and those involved in buying or selling property.

Fire risk assessment

Over the last 20 years, UK Fire Risk Assessment standards have evolved around PAS 79 (Fire Risk Assessment – guidance and a recommended methodology).

This is a “Publicly Available Specification” published by the British Standards Institution (BSI), which brought together a wide range of experts in fire safety, fire risk assessment and the housing sector to reach a consensus on the guidance and recommendations.

PAS 79 was first published in 2005, then subsequently revised in 2007 and 2012 to provide guidance and a recommended methodology for conducting fire risk assessments.

It quickly became a popular and well-used document.

As a result of public outcry and political lobbying post Grenfell, the PAS 79 fire risk assessment received a much-needed overhaul via the Fire Safety Act 2021, bringing about several directly effective changes attempting to deliver a higher level of fire safety compliance and for more stringent housing-centric recommendations to be implemented: the new legislation detailing specific recommendations for domestic dwellings is found in Part 2, known officially as PAS 79-2:2020.

As an all-encompassing code of practice, PAS 79:2020 provides a determinate methodology to conduct fire risk assessments, producing basic and qualitative findings particular to a location.

It is now a code of practice and not merely guidance.

The primary purpose of the revision was to provide a specific methodology for conducting fire risk assessments so those responsible could meet their legal responsibilities via a stringent framework.

It provides a transparent approach to fire risk assessment that fosters a better understanding of fire risks by fire safety experts and laypeople alike: promoting better communication and understanding of the risks.

In addition, PAS 79-1:2020 and PAS 79-2:2020 establish a satisfactory basis for the documentation of fire risk assessments; and provide a benchmark for a suitable and sufficient fire risk assessment and define the nature and scope of a sufficient fire risk assessment.

Prioritising fire safety

Key aspects of the PAS 79-1:2020 (premises other than housing) and PAS 79-2:2020 (housing) are:

• Greater importance placed on the competence of fire safety assessors.
• PAS 79-2:2020 details recommendations of documents required for assessing and recording significant findings from risk assessments conducted at buildings of multiple-use – such as dual residential/retail premises – where parts of that building are legally required under legislation.
• Recommendation for type 2, 3 and 4 fire risk assessments to be conducted for blocks of flats, extra-care premises and sheltered accommodation.
• Recommendation of installation of evacuation alarm systems in blocks of flats and maisonettes – a direct result of the Grenfell Tower disaster.

Risk management

Nine steps to follow for a PAS 79:2020 fire risk assessment:

1. Obtain information and all necessary data about the building: include processes that have been conducted within the structure, people who are present or likely to be present.
2. Identify fire hazards and means for control and their elimination: determine scenarios or situations where fuel, heat and oxygen could mix on the assessed premise which would lead to fire – how could you eliminate, mitigate, or minimise said risks?
3. Assess the likelihood of any fire: assess premises to determine where and which items are more likely to produce an environment friendly to ignition and fuel.
4. Determine any present fire protection measures: all previously practicable fire detection/prevention/warning measures and systems.
5. Obtain related info relating to fire safety management: what other steps have been or need to be implemented to guarantee risk of fire in the building is responsibly managed?
6. Assess the most likely repercussions for a person if a fire occurs: consider the number of people, their age, overall health, bodily mobility, dependents, how familiar they are with the building layout, and likely regular visitors.
7. Assess the overall risk of a fire occurring and severity of the damage caused by a fire that was the result of a fire hazard.
8. Form and document an action plan: What is good about the premises’ current fire safety, what needs improvement and if your fire emergency evacuation plan (FEEP) is up to date.
9. Set the fire risk assessment review date: book regularly and whenever there is a major change to the fire risk on the premises.

Common findings from PAS 79 Fire Risk Assessments include:

• Damaged or unsuitable fire doors including missing intumescent smoke seals
• Insufficient directional fire exit signage
• Lack of documentation confirming that the fire systems including the fire alarm, fire suppression systems have been serviced
• Failed emergency lighting luminaires
• Housekeeping including excessive amounts of combustible materials
• No fire door surveys or inspection’s
• Fire evacuation drills not been carried out
• Lack of or no specific fire safety awareness training for all staff
• No trained fire marshals/wardens

Life safety fire risk assessment

BAFE is the independent registration body for Third Party Certificated fire safety organisations across the UK.

A ‘responsible person’ within a business who chooses an SP205 NSI approved/BAFE registered practitioner to carry out a risk assessment can be assured that they have contracted a suitably competent and qualified expert, therefore meeting their legal obligations.

NSI’s premier fire systems schemes are designed for companies who meet the industry’s highest technical standards and maintain a commitment to continual improvement with an ISO 9001 Quality Management System.

Conclusion

The legislative landscape for UK fire safety and fire risk assessments is complex and has expanded significantly in the last six years.

We are seeing projects take a much more holistic view to Fire Risk Assessments, particularly within the construction sector, something which is reflected through the Royal Institute of British Architects (RIBA) Work Stages, where Fire Statements, Fire Strategies, Site Audits and Fire Risk Assessments combine to demonstrate compliance with the Building Safety Act 2022, providing and ensuring a “Golden Thread” of information and best practice.

This legislative response to the Grenfell Tower fire sees Construction Phase Fire Risk Assessments produced while the development is still under construction and as early as RIBA Stage 4 and RIBA Stage 5.

In many circumstances, this will also include a bespoke External Wall Fire Risk Assessment (FRAEW) to PAS 9980 (developed through RIBA stages 5-7) and a practical completion Fire Risk Assessment.

These set a new benchmark for proactive risk assessment through the construction project and ensures developments are built in full recognition of Building Regulations and Fire Legislation.

A post occupational PAS 79 compliant FRA completes the process.

This article was originally published in the February 2024 issue of International Fire & Safety Journal. To read your FREE digital copy, click here.