Who Issues a Fire Safety Notice?

Fire safety officers from the local fire and rescue authorities issue a fire safety notice when the fire safety measures are inadequate. The Health and safety executives are responsible for construction sites and ships under construction or repair. The officers inspect the premises, management of fire safety, work activities and fire risk assessment.

Under Which Regulations are Fire Safety Notices Issued?

Issuing of fire safety notices is done under several regulations such as:

• Regulatory Enforcement and Sanctions Act 2008
• The Public Health Act 1961
• Fire and Rescue Services Act 2004
• The Regulatory Reform(Fire Safety) Order 2005 (England and Wales)
• The fire and rescue services (Northern Ireland) Order 2006
• The Fire (Scotland) Act 2005

The Regulatory Reform (Fire Safety) Order 2005 is the main legislation that combines all the regulations. It applies to all premises that are not single private residences.

Fire Safety Notices

According to the Fire safety order, responsible persons are under obligation to maintain a safe and healthy workplace by considering the following:

• Having appropriate safety measures on a premise
• Staff fire safety training
• Informing the public about potential fire hazards
• Conducting a regular fire risk assessment
• Having an emergency plan

The fire and rescue inspectors visit premises to check if the fire prevention measure and fire risk assessment are appropriate. They may issue an informal or a formal notice in case of non-compliance. The fire and rescue authority will advise you on how to fix problems on the notice. The following are the notices they issue:

Alterations Notice

One of the purposes of this notice is to notify the responsible person that the premise is of high or potentially high risk. It also assists the authority in maintaining a risk-based inspection programme as any change to premises could result in people being at risk of injury or death. It requires up-to-date fire safety records and fire risk assessment of the building. The responsible person has to submit a fire risk assessment and details of proposed changes to the authority before any change to the premise. There are rights of appeal against the notice.

Prohibition Notice

The fire and rescue authority may prohibit the use of part or whole of the premise where conditions are found that constitute a serious risk to injury or life of a person in the event of a fire. The notice outlines reasons for immediate action and the ways of correcting the failures. The notice may take immediate effect or after a specified time. The responsible person has the right to appeal.

Enforcement Notice

An enforcement issue is issued when officers find non-compliance with certain measures of the Order. It calls for corrective action where there is significant risk or harm from the situation. The notice explains the issues found and the solutions needed. The responsible person has 28 days to make the necessary changes. In most cases, there is a right to appeal with clear advice on the appeal mechanism.

Fire Safety Notice Fines

Landlords and owners who fail to amend issues in fire safety notices may face fines and imprisonment of up to two years. The crown courts may impose unlimited fines on companies breaching the Order’s requirements and legal duties. Financial penalties for even the less serious breaches may attract fines of up to £5,000.

Fire Notice Appeals

Under article 35 of the fire safety order a person given notice may, within 21 days from the day the notice is served, appeal. The court may cancel or affirm the notice. If it confirms, the notice takes effect in its original form or with modifications that the court may direct. For alteration and enforcement notices, the operation of the notice is suspended until the appeal is withdrawn or disposed of. However, the prohibition notice is not suspended by the appeal not unless the appellant applies for its suspension.

Action to Be Taken After Fire Safety Notices

The action taken after being served with a fire safety notice depends on the reasons and requirements of the notice. The responsible person must work with the enforcing officer to rectify the problems within the specified time. If the responsible person is dissatisfied, they have a right to appeal to the court.