ANNEXES

The use of certain types of premises has been designated by the Secretary of State as requiring a fire certificate under the Fire Precautions Act 1971 (in Northern Ireland under the Fire Services (Northern Ireland) Order 1984 as amended). There are two designating orders in force in Great Britain (and four in Northern Ireland). One relates to larger hotels and boarding houses and the other to those factories, offices, shops and railway premises in which people are employed to work.

The first designating order (the Fire Precautions (Hotels and Boarding Houses) Order 1972) requires a fire certificate when premises are used as a hotel or boarding house which will provide sleeping accommodation for more than six people (whether employees or guests) or if they provide sleeping accommodation for employees or guests elsewhere than on the ground or first floors of the premises. (In Northern Ireland, this requirement is under the Fire Services (Hotels and Boarding Houses) Order 1985 as amended.)

The second designating order (the Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989) (in Northern Ireland, this requirement is under the Fire Services (Factory, Office and Shop Premises) Order (Northern Ireland) 1993) requires that a fire certificate must be applied for when more than 20 people are at work at any one time in your workplace, or more than 10 are at work at any one time elsewhere than on the ground floor.

In buildings in multiple occupation containing two or more similar premises, a certificate must be sought when the number of workers exceeds the above totals. Fire certificates are also required for factory premises where explosive or highly flammable materials are stored or used, regardless of the number of people at work, unless the fire authority has determined otherwise. (The fire authority may exempt premises from the certification requirement if they consider them to be of low risk.)

In Northern Ireland, in addition to the above, leisure premises and betting, gaming and amusement premises have also been designated under the Fire Services (Northern Ireland) Order 1984 as amended:

The Fire Services (Leisure Premises) Order (Northern Ireland) 1985 requires (with some exceptions) a fire certificate in respect of premises used as recreational facilities by a district council under Article 9(1)(a) of the Recreation and Youth Services (Northern Ireland) Order 1973 or used for entertainment, recreation or instruction by a university or college.

The Fire Services (Betting, Gaming, and Amusement Premises) Order (Northern Ireland) 1987 requires a fire certificate for premises for which a bookmaking licence, a track betting licence, a bingo club licence, an amusement permit or a leisure permit is required under the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985.

To apply for a fire certificate you should ask the fire safety office of your local fire authority for an application form. When it is completed, you should return the form.

In many cases where the requirements of the Fire Regulations are complied with, this will provide sufficient protection from fire for the fire authority to issue a fire certificate without any further action being needed. This is likely to be the case if you have taken full account of the other people who may be present and the means of escape in case of fire.

In cases where both the Fire Regulations and the requirement for a fire certificate apply, it is advisable to discuss the fire precautions you propose, as a result of your risk assessment, with the fire authority before putting the precautions in place. This will allow any special requirements, which may be needed for the fire certificate to be issued, to be considered at the same time and help to avoid any unnecessary expenditure.

If you already hold a fire certificate under the Fire Precautions Act 1971 (or the Fire Services (Northern Ireland) Order 1984 (as amended)) the law requires you to notify the fire authority before making any change to the fire precautions in your workplace as a result of your risk assessment if such change affects the terms and conditions of your fire certificate.

These Regulations define certain premises that will require a fire certificate, based on the storage or use of quantities of hazardous substances above specified threshold quantities, or based on particular hazardous activities. Details are given in Schedule 1 to the Regulations - advice can be sought from the Health and Safety Executive (HSE).

The Regulations apply to the whole site and not to individual buildings or plant (with the exception of licensed explosive factories). Most premises which fall within these Regulations have already been certificated and the application of these Regulations will be rare for new premises. An application for a fire certificate under the special premises regulations should be made to HSE when the use or storage of a relevant substance reaches the specified limit.

The manufacture and storage of explosives are regulated under the Explosives Act 1875. The Act requires that all manufacturers of explosives must be licensed by HSE, as must the largest explosives stores; smaller stores must either have a licence from the local authority or be registered with it. The licence conditions normally contain fire safety measures.

A number of uses of workplaces require a licence from the local authority or licensing magistrate. These licences can impose additional fire safety requirements which may go beyond the minimum levels needed by the Fire Regulations. The most common uses of workplaces which are subject to licensing control are those which involve:

the sale of alcohol;

music and dancing;

theatrical performances;

the showing of films;

gambling;

sporting activities; and

other forms of public entertainment.

If your workplace is, or may be, subject to licensing control, it is advisable to discuss the findings of your risk assessment with the fire authority before putting your proposals for fire safety measures into place. This can help you avoid unnecessary expenditure.

If you already have a licence, you should discuss any proposals you may have for changes to the fire precautions with the fire authority before approaching the authority who issued your licence.

Some uses of premises are required to be registered with the local authority or other registrar. These uses can include:

nursing homes;

residential care homes;

children's homes; and

independent schools.

The requirements of registration schemes usually contain fire safety provisions and changes to the fire precautions will often need the agreement of the registering authority. If your workplace is, or may be, subject to such a scheme, it is advisable to discuss the findings of your risk assessment with the fire authority before putting your proposals for fire safety measures into place. This can help you avoid unnecessary expenditure.

If you are already registered, you should discuss any proposals you may have for changes to the fire precautions with the fire authority before approaching the registration authority about your proposals for change.

In England and Wales the Building Regulations 1991 (in Scotland the Building Standards (Scotland) Regulations 1991, in Northern Ireland the Building Regulations (Northern Ireland) 1994) apply to new buildings and to building work such as the erection, extension or material alteration of an existing building. They also apply where there is a material change of use.

The Regulations impose fire safety requirements covering matters such as:

means of escape in case of fire;

structural stability;

fire-resistance of elements and structure;

compartmentation to inhibit fire spread;

reduction of spread of flame over surfaces of walls and ceilings;

space separation between buildings to reduce the risk of fire spread from one building to another; and

access for fire applicances and assistance to the fire brigade.

The standard of provision is related to the size and height of the building and the use to which it is put. In Scotland the Building Standards (Scotland) Regulations 1991 contain different requirements for the storage of materials that give rise to fire hazards. Where it is proposed to erect a new building, to carry out building work or to make a material change of use, application should be made to your local building control authority or other building approval body.

If you believe other legislation with fire safety provisions (such as sports grounds safety legislation) may apply to your workplace or are simply unsure what legislation applies, you should contact the fire safety office of your local fire authority. They will be able to tell you which provisions apply in the particular circumstances of your workplace and who you should contact about those provisions.

This Act is concerned with the health, safety and welfare of people at work, and with protecting those who are not at work (members of the public etc) from risks to their health and safety arising from work activities. The Act and its relevant statutory provisions cover the risk of fire.  

These Regulations require employers and the self-employed to assess the risks to workers and others who may be affected by their undertakings, so that they can decide what measures need to be taken to comply with health and safety law.

The Regulations require you to implement appropriate arrangements for managing health and safety. Health surveillance (where appropriate), emergency planning, and the provision of information and training are also included. There is an Approved Code of Practice on these Regulations (see the References section).

Annex B