Avon Fire Authority Enforcement Policy
1. Introduction
1.1 This statement sets out the general policy and principles,
which Avon Fire Authority expects to follow. It provides
guidance for inspectors, businesses and members of the public and
is intended to clearly set out the aims, standards and values that
will be applied.
1.2 We aim to provide a consistently high quality service
to the commercial/business community in relation to our local
community safety targets and technical/legislative fire safety
matters in accordance with the Enforcement Concordat published by
the Better Regulation Unit of the Cabinet Office.
2. Principles
2.1 Avon Fire Authority carries out fire safety
enforcement work through officers of Avon Fire & Rescue
Service.
2.2 The Authority believes in firm, but fair enforcement of The
Regulatory Reform (Fire Safety) Order 2005 ('the Order'). As
a result, as is consistent with the Health and Safety Commission’s
Enforcement Policy Statement, we aim to achieve this by the
principle of proportionality in applying the law and securing
compliance; consistency of approach; targeting of enforcement
action; transparency about how we operate and what the regulated
may expect; and accountability for our actions.
3. Proportionality
3.1 The Authority will endeavour to minimise the cost of
compliance for business by ensuring that any action taken, or
advice offered, is proportionate to the risk. As far as the law
allows, we will take account of the circumstances of the case and
attitude of the people involved when considering action. We will
take particular care to work with small businesses and
organisations so that, where practicable, they can meet their legal
obligations without unnecessary expense.
4. Consistency
4.1 Consistency of approach does not mean uniformity; it means
taking a similar approach in similar circumstances to achieve
similar goals. The service will therefore carry out its duties in a
fair, equitable and consistent manner. Inspectors are expected to
exercise their professional judgement to deal effectively with
specific matters but, where possible, will adhere to standards and
guidance referred to below to promote consistency. We will liaise
with other authorities and enforcement bodies to achieve
co-ordination and locate best practice.
5. Standards
5.1.1 The Authority will carry out its enforcement and advisory
functions in an equitable, practical and consistent manner.
We will adopt and adhere to policy and guidance issued by The
Department Communities and Local Government (DCLG), the Chief Fire
Officers’ Association (CFOA), and National and European accepted
standards where published. National and local targets for the
quality of delivery of service will be identified and incorporated
into our procedures.
6. Openness
6.1 The Authority will provide information and advice in plain
language on the rules that it applies and will disseminate this as
widely as possible. The Authority will be open about how it sets
about its work, including any charges that it sets, consulting
business, voluntary organisations, charities, consumers and
workforce representatives. We will discuss general issues, specific
compliance failures or problems with anyone experiencing
difficulties within the legal framework governing the
service
7. Helpfulness
7.1 The Authority believes that prevention is better than cure
and that its role, therefore, actively involves working with
business, especially small and medium sized businesses, to advise
and assist with compliance. We will provide a courteous and
efficient service and our staff will identify themselves by name.
We will provide contact points and telephone numbers for further
dealings with us and will encourage business to seek
advice/information. We will also strive to co-ordinate our services
effectively to minimise unnecessary overlaps and time
delays.
8. Fairness
8.1 The Authority will treat all people fairly - we will respect
their privacy, dignity and pay particular attention to those with
special needs.
9. Transparency
9.1 We will help those responsible (the responsible person) for
complying with the Order to understand what is expected of them and
what they should expect from the Authority. We will distinguish
between statutory requirements and advice or guidance about what is
desirable but not compulsory to comply with the
legislation.
10. Accountability
10.1 The Authority is accountable to the public for its
actions. This means we must have policies and standards
against which we can be judged, and an effective and easily
accessible mechanism for dealing with comments and handling
complaints.
11. Complaints
11.1 The Authority has in place a complaint procedure. Further
information is available on request. In cases where disputes cannot
be resolved, any right of complaint or appeal will be explained,
with details of the process and the likely timescales involved. We
aim to resolve issues quickly and effectively and to learn from the
outcomes.
12. Targeting
12.1 Inspections will be focused primarily on those whose
premises/workplaces and activities give rise to the most serious
risk to life. We will maintain a strategy that will identify
and assess the risks within premises/workplaces and the community
and allocate resources to carry out inspections accordingly.
Where enforcement action is necessary we will identify the
person(s) responsible for creating the risk. This may be the owner,
occupier, employer, manager or other responsible person. We
will seek compliance and may take action against those regarded as
primarily in breach.
13. Enforcement procedures
13.1 The Authority will seek compliance with the law by offering
the responsible person information and advice both verbally and/or
in writing. This will include an explanation of why any specified
work is necessary and a time period for completion. Legal
requirements will be clearly distinguished from best practice or
non-statutory fire safety advice. We may deal with this by
informal means or where appropriate we may serve alterations,
enforcement and prohibition notices, issue formal cautions, and may
prosecute. Before formal enforcement action is taken (unless
immediate action is required to reduce the risk to life or to
prevent evidence from being destroyed), inspectors will provide the
person responsible with an opportunity to discuss the circumstances
of the case and, if possible, resolve points of difference.
13.2 Where immediate action is considered necessary, an
explanation of why such action is required will be given at the
time and confirmed in writing in most cases within five working
days and in all cases within 10 working days.
13.3 Where in our opinion particular premises could, as a result
of any future change of circumstances to the premises or to the use
of the premises, result in a significant increase in risk to people
using the premises, we may serve on the responsible person an
Alterations Notice requiring the Authority to be notified in
advance of the proposed changes.
13.4 Where there are rights of appeal against formal action,
advice on the appeal mechanism will be clearly set out in writing
and issued with the
documentation.
13.5 All staff taking enforcement decisions will be required to
follow the principles and guidance set out in the ‘Enforcement
Management Model’ (EMM) issued by the Health and Safety
Commission’.
13.6 The Authority may, where it is considered necessary to
focus attention on what preventive and protective measures are
necessary to achieve compliance with the Order, issue additional
guidance to the responsible person in the form of an action
plan.
14. Dealing with contraventions
14.1 Where less serious deficiencies are discovered during a
visit to premises/workplace, an informal notification identifying
those matters considered to be of non-compliance will be issued;
remedial steps to bring back into compliance may be discussed. It
will be the obligation of the responsible person to take the
necessary action to ensure compliance.
14.2 Premises with more serious deficiencies will, in most
instances, initially be dealt with as in 14.1 above. Where the
situation remains unresolved after 28 days, the issue of an
Enforcement Notice may follow. If, however, the risk in the
case of fire is such that enforcement cannot be delayed, immediate
enforcement action will be taken.
14.3 Where dangerous conditions are found and the Authority is
of the opinion that the use of the premises/workplace involves, or
will involve, a serious risk to persons in the case of fire, that
the use of the premises ought to be prohibited or restricted, and
that risk cannot be remedied immediately, a Prohibition Notice will
be served prohibiting or restricting the use of the premises.
14.4 Failure to comply with an alterations, prohibition or
enforcement notice constitutes an offence and may result in
prosecution.
14.5 Alterations, Enforcement and Prohibition Notices may be
withdrawn by the Authority at any time. It must be assumed,
however, that a Notice is in force unless written confirmation is
given by the Authority that it has been withdrawn or the Notice is
cancelled by a court.
14.6 The Institution of Electrical Engineers (IEE) makes
regulations about electrical installations. If firefighters
cut-off switches for high voltage luminous tube signs (to be)
installed in a building to which the Order relates do not comply
with the IEE’s current regulations, the Authority may impose
requirements to ensure that the switches are readily recognisable
by and are accessible to firefighters.
15. Formal cautions and prosecutions
15.1 Formal cautions and prosecution are important ways to bring
those responsible for alleged breaches of the law to account.
Where appropriate, the Authority will use one of these measures in
addition to issuing a formal notice.
15.2 A formal caution is a statement by the Authority, which is
accepted in writing by the alleged offender, that he/she has
committed an offence for which there is a realistic prospect of
conviction. A formal caution will be used in appropriate
circumstances, but will only be used where a prosecution could
properly be brought. It will be kept on file for three years and if
the person concerned is convicted of a further offence in that
period, it will be brought to the attention of the court.
15.3 A prosecution may be taken following full consideration of
the many factors arising for the alleged breaches of the law.
These will include (where the law allows):
The seriousness of the offence (including the severity and scale
of potential and actual risk and the seriousness of the breach of
law).
The previous history including the safety performance of the person
concerned.
The willingness of the person concerned to correct the situation
and prevent a recurrence of the problem.
The circumstances giving rise to the breach of the law.
The degree to which the person concerned has taken (or failed to
take) steps to avoid the commission of an offence.
The likelihood of the accused being able to establish a
satisfactory defence.
The probable public benefit of a successful prosecution.
15.4 Where there is sufficient evidence, the Authority will
normally prosecute in any one or more of the following
circumstances:
The offender has, by intent or recklessness, by taking action
(or choosing not to act) endangered life from fire.
The offender has taken insufficient action to implement measures
required by the Authority to protect persons from the risk of
fire.
The offender has deliberately obstructed an officer carrying out
his/her duties.
15.5 Where a company is involved, the Authority will consider the
part played in any offence by directors or officers of the
company. The Authority will, where the evidence is considered
to be sufficient, consider taking proceedings against a director or
officer of a company whether or not proceedings are also taken
against the company.
15.6 The Authority will always seek to recover costs of
investigation and court proceedings.
16. Public Register
16.1 In accordance with the Environment and Safety Information
Act 1988 the Authority is obliged to enter details of certain
notices into a register to which the public have access.
Further details are available on request.
17. Data Protection
17.1 The Authority will comply with the principles of the Data
Protection Act 1998 governing the use of personal data received or
obtained and will respect the rights and freedoms of individuals
when processing their details.
18. Freedom of information
18.1 Under the Freedom of Information Act 2000, the public are
given ‘a general right of access to information held by public
authorities in the course of carrying out their functions subject
to certain conditions and exemptions’. Under Section 19 of the Act,
the Authority is required to produce a publication scheme setting
out details of the information routinely published or made
available, how the information is made available (in hard copy and
on-line), and whether it is available free of charge or on
payment.
19. Education and information
19.1 Educating, informing and advising responsible persons about
their duties under fire safety legislation will form a fundamental
element of our enforcement regime. The Service will fulfil its
obligation under section 6(2) of the Fire and Rescue Services Act
2004 to give on request, advice on fire safety free of
charge.
Adopted: 28 July 2006.
Contact us
Please contact community.safety@avonfire.gov.uk
or telephone Avon Fire & Rescue Service Community Safety
Department 0117 9262 061