Written Question · S2W-30791 · Session 2
Further to the answer to question S2W-29249 by Hugh Henry on 7 November 2006, what expertise is required to be a proficient person under th…
The question
To ask the Scottish Executive, further to the answer to question S2W-29249 by Hugh Henry on 7 November 2006, what expertise is required to be a proficient person under the terms of Practical Fire Safety Guidance for Care Homes and how the circumstances under which a greater level of knowledge and expertise is required are assessed.
The answer
Anyone with any degree ofcontrol over premises covered by the new fire safety regime (as introduced on 1October 2006 by Part 3 of the Fire (Scotland) Act 2005, as amended, and theFire Safety (Scotland) Regulations 2006) must, to the extent of that control,assess the risk from fire in those premises and take reasonable fire safetymeasures in response, to ensure other persons’ safety. However, thisresponsibility will be in direct proportion to the level of control: the morecontrol, the greater the fire safety responsibility. The greater theresponsibility, the greater the level of knowledge and expertise which may berequired in order to undertake a fire safety risk assessment in respect of thepremises.
Neither the fire safetylegislation nor Practical Fire Safety Guidance for Care Homes offer aprescriptive definition of the knowledge or expertise required to undertake therisk assessment as this will be unique to the circumstances and the premises.For example, factors which might affect the level of expertise required of theperson undertaking the assessment could be: the nature of the activities undertakenon the premises; the layout of the premises; the persons likely to be on, or inthe immediate vicinity of, the premises; and the fire safety measures already inplace. The person carrying out the assessment must be familiar with thesefactors. In some circumstances, such as where a care home’s layout or structuremay increase the likelihood of fire spread, a greater awareness of thesefactors may be necessary in order fully to understand the fire risks involvedand assess what fire safety measures are required in order to minimise theserisks.
It is for those with firesafety responsibilities to ensure that the person undertaking a risk assessmenthas sufficient technical training and experience or knowledge of the premises(its features, the activities undertaken on it and by whom) and therequirements of the fire safety legislation in respect of fire safety measures.
In the majority of cases, responsibilityfor enforcing the new fire safety legislation lies with the fire and rescueauthority/joint fire and rescue board. When visited by an enforcement officer,the person with fire safety responsibilities may be asked to discuss the firesafety risk assessment and explain the action taken as a result of theassessment. If the enforcement officer considers that the action taken wasinsufficient to meet the fire safety duties, enforcement action may be takensuch as the service of an enforcement notice which requires specified action tobe taken within a specified time. In cases of serious risk, a prohibitionnotice may be served which prohibits or restricts the use of the premises untilthe specified action has been taken. The powers and duties of enforcementofficers are outlined in Chapter 3 of Practical Fire Safety Guidance forCare Homes.
Neither the fire safetylegislation nor Practical Fire Safety Guidance for Care Homes offer aprescriptive definition of the knowledge or expertise required to undertake therisk assessment as this will be unique to the circumstances and the premises.For example, factors which might affect the level of expertise required of theperson undertaking the assessment could be: the nature of the activities undertakenon the premises; the layout of the premises; the persons likely to be on, or inthe immediate vicinity of, the premises; and the fire safety measures already inplace. The person carrying out the assessment must be familiar with thesefactors. In some circumstances, such as where a care home’s layout or structuremay increase the likelihood of fire spread, a greater awareness of thesefactors may be necessary in order fully to understand the fire risks involvedand assess what fire safety measures are required in order to minimise theserisks.
It is for those with firesafety responsibilities to ensure that the person undertaking a risk assessmenthas sufficient technical training and experience or knowledge of the premises(its features, the activities undertaken on it and by whom) and therequirements of the fire safety legislation in respect of fire safety measures.
In the majority of cases, responsibilityfor enforcing the new fire safety legislation lies with the fire and rescueauthority/joint fire and rescue board. When visited by an enforcement officer,the person with fire safety responsibilities may be asked to discuss the firesafety risk assessment and explain the action taken as a result of theassessment. If the enforcement officer considers that the action taken wasinsufficient to meet the fire safety duties, enforcement action may be takensuch as the service of an enforcement notice which requires specified action tobe taken within a specified time. In cases of serious risk, a prohibitionnotice may be served which prohibits or restricts the use of the premises untilthe specified action has been taken. The powers and duties of enforcementofficers are outlined in Chapter 3 of Practical Fire Safety Guidance forCare Homes.
In the Official Report
No contribution in the Official Report cites S2W-30791 by reference.