West Yorkshire Fire & Rescue Authority. Fire Protection Policy

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1 West Yorkshire Fire & Rescue Authority Fire Protection Policy Appointment & Authorisation of Fire Safety Inspectors West Yorkshire Fire & Rescue Service Oakroyd Hall Birkenshaw Bradford BD11 2DY Date Issued: 03/10/2016 Review Date: 03/10/2019 Ref: FS-POL003 Version: Page 1 of 8

2 1 Introduction Appointment & Authorisation of Fire Safety Inspectors 1.1 In addition to its statutory duty to enforce the Regulatory Reform (Fire Safety) Order 2005 (RRO), the West Yorkshire Fire & Rescue Authority (WYFRA) is the designated enforcing authority for certain relevant statutory provisions (RSP) of the Health & Safety at Work etc Act 1974 (HSWA) that by Act or Regulation exercise controls over the storage of petroleum-spirit or explosives. 1.2 This document details the policy and procedures for the appointment and authorisation of fire safety inspectors for the purposes of carrying out inspections of regulated premises/sites and taking appropriate enforcement in instances of no-compliance with the law. 1.3 Whilst the appointment and powers of inspectors for RRO is contained within the provisions of the Order, the appointment and powers of inspectors for enforcing the RSPs of HSWA is contained in sections 19, 20, 21, 22 and 25 HSWA. In effect, this means that WYFRA inspectors need to be separately appointed and authorised under both RRO and HSWA. 1.4 To complicate matters further, the WYFRA s enforcement allocation for some of the RSPs is specific to a type of business and is limited insofar as the WYFRA does not enforce the whole of certain RSPs, for example the Dangerous Substances & Explosive Atmospheres Regulations 2002, but only as it applies to petrol filling stations 1.5 A third and fourth appointment and authorisation process is necessary by virtue of the WYFRA s responsibility to enforce Regulation 9 of the Fireworks Regulations 2004 (which are not RSPs of HSWA as these Regulations are made under the Consumer Protection Act 1987). 2 Regulatory Reform (Fire Safety) Order The Regulatory Reform (Fire Safety) Order 2005 (RRO) requires the appointment of Fire Safety Inspectors (Article 26) (FSI) to enforce the provisions of the Order together with the authorisation of the FSIs with their powers under Article 27(1). 2.2 The pre-requisite qualifications for the appointment of FSIs, is for consistency, taken from section 19(1) of HSWA. 3 Relevant Statutory Provisions of the Health & Safety at Work etc. Act Section 19(1) of HSWA states: every enforcing authority may appoint as inspectors (under whatever title it may from time to time determine) such persons having suitable qualifications as it thinks necessary for carrying into effect the relevant statutory provisions within its field of responsibility, and may terminate any appointment made under this section. 3.2 For consistency this (S19) obligation will serve as the pre-requisite for the appointment of inspectors to enforce the RRO. 3.3 The following is a list of the legislation for which the WYFRA is the enforcing authority: - Relevant Statutory Provisions of the Health & Safety at Work etc. Act 1974: - The Explosives Regulations 2014 (ER14); Petroleum (Consolidation) Regulations 2014 (PCR14); Public Health Act 1961 (Section 73 only) Dangerous Substances (Notification and Marking of Sites) Regulations 1990; Page 2 of 8

3 The Carriage of Dangerous Goods by Road Regulations 1996 (Reg 20 only, but including section 2 to 4 and 7 and 8 of the Health and Safety at Work etc. Act 1974); Health and Safety (Signs and Signals) Regulations 1996; Construction (Health, Safety and Welfare) Regulations 1996; Management of Health & Safety at Work Regulations 1999 (Regulation 3 (risk assessment) only; and only in respect of the enforcement of the Petroleum (Consolidation) Regulations 2014; and Dangerous Substances and Explosive Atmospheres Regulations 2002 (only in respect of automotive fuels at petrol filling stations). 5 Consumer Protection Act The Authority has the limited remit under the regulation 9 of the Fireworks Regulations 2004, to grant licences for the all-year-round supply of fireworks to the general public. In order to prove any suspected breaches of regulation 9, it is necessary to give inspectors the powers under sections 28 and 29 of the Consumer Protection Act 1987 to make test purchases and where necessary, detain fireworks. The 1987 Act uses the term enforcement officer. 6 Delegation of Powers 6.1 This document does not cover the delegation powers of the CFO/CE and Directors as they are written into the Authority s constitution. Under the constitution, the CFO/CE and the Director Service Delivery are authorised to appoint Inspectors on behalf of the Authority. 6.2 The procedure for the appointment/authorisation is by the way of a written and signed list of inspectors. A list of FSI, as shown in the example in Table 6, will be provided under the cover of a Schedule and signed by the CFO/CE, or the Director Service Delivery. 7 Appointment/Authorisation Cards 7.1 Inspectors will be issued with an appointment/authorisation card which details their powers under HSWA and RRO. The powers can be reproduced verbatim and shown to an employer or responsible person if a FSI is challenged when making entry or taking enforcement action. 7.2 The four tables below in Appendix A of this document show the wording and format of the appointment/authorisation card and the FSI s powers. 7.3 For the purposes of the appointment/authorisation card, Tables 5 and 6 in Appendix B respectively show the categorisation of FSI s and their enforcement powers under all the legislation enforced by the WYFRA Appendices C and D provide a detailed breakdown of the powers delegated to each of the 3 Groups of FSI. 1 With the exception of the Fire & Rescue Services Act Page 3 of 8

4 Appendix A Table 1 Front of card Table 2 Back of card Regulatory Reform (Fire Safety) Order 2005 Health and Safety at Work etc Act 1974 Appointment of Inspector Authorisation Pursuant to Article 26 of the Regulatory Reform (Fire Safety) Order 2005, the West Yorkshire Fire and Rescue Authority as Enforcement Authority, for the purposes of enforcing the Order within West Yorkshire has appointed the person identified in this authorisation as an Inspector. Pursuant to Section 19 of the Health & Safety at Work etc Act 1974, the West Yorkshire Fire and Rescue Authority as Enforcement Authority, for the purposes of enforcing certain relevant statutory provisions of the 1974 Act within West Yorkshire has appointed the person identified in this authorisation as an Inspector. Table 3 RRO Powers West Yorkshire Fire & Rescue Service Regulatory Reform (Fire Safety) Order 2005 Article 27 Powers of Inspectors 27.(1) Subject to the provisions of this article, an inspector may do anything necessary for the purpose of carrying out this Order and any regulations made under it into effect and in particular, so far as may be necessary for that purpose, shall have power to do at any reasonable time the following (a) to enter any premises which he has reason to believe it is necessary for him to enter for the purpose mentioned above and to inspect the whole or part of the premises and anything in them, where such entry and inspection may be effected without the use of force; (b) to make such inquiry as may be necessary for any of the following purposes (i)to ascertain, as regards any premises, whether the provisions of this Order or any regulations made under it apply or have been complied with; and (ii)to identify the responsible person in relation to the premises; (c) to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records (including plans) (i)which are required to be kept by virtue of any provision of this Order or regulations made under it; or (ii)which it is necessary for him to see for the purposes of an examination or inspection under this article, and to inspect and take copies of, or of any entry in, the records; (d) to require any person having responsibilities in relation to any premises (whether or not the responsible person) to give him such facilities and assistance with respect to any matters or things to which the responsibilities of that person extend as are necessary for the purpose of enabling the inspector to exercise any of the powers conferred on him by this article; (e) to take samples of any articles or substances found in any premises which he has power to enter for the purpose of ascertaining their fire resistance or flammability; and (f) in the case of any article or substance found in any premises which he has power to enter, being an article or substance which appears to him to have caused or to be likely to cause danger to the safety of relevant persons, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is, in the circumstances, necessary). Page 4 of 8

5 (2) An inspector must, if so required when visiting any premises in the exercise of powers conferred by this article, produce to the occupier of the premises evidence of his authority. (3) Where an inspector proposes to exercise the power conferred by paragraph (1)(f) he must, if requested by a person who at the time is present in and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in the presence of that person. (4) Before exercising the power conferred by paragraph (1)(f) an inspector must consult such persons as appear to him appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under that power. Table 4 HSWA powers West Yorkshire Fire & Rescue Service Health & Safety at Work etc Act 1974 Section 20 Powers of Inspectors 20. (1) Subject to the provisions of section 19 and this section, an inspector may, for the purpose of carrying into effect any of the relevant statutory provisions within the field of responsibility of the enforcing authority which appointed him, exercise the powers set out in subsection (2) below. (2) The powers of an inspector referred to in the preceding subsection are the following, namely: - a. at any reasonable time (or, in a situation which in his opinion is or may be dangerous, at any time) to enter any premises which he has reason to believe it is necessary for him to enter for the purpose mentioned in subsection (1) above); b. to take with him a constable if he has reasonable cause to apprehend any serious obstruction in the execution of his duty; c. without prejudice to the preceding paragraph, on entering any premises by virtue of paragraph (a) above to take with him; - - any other person duly authorised by his (the inspector's) enforcing authority; and - any equipment or materials required for any purpose for which the power of entry is being exercised; d. to make such examination and investigation as may in any circumstances be necessary for the purpose mentioned in subsection (1) above; e. as regards any premises which he has power to enter, to direct that those premises or any part of them, or anything therein, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under paragraph (d) above; f. to take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (d) above; g. to take samples of any articles or substances found in any premises which he has power to enter, and of the atmosphere in or in the vicinity of any such premises; h. in the case of any article or substance found in any premises which he has power to enter, being an article or substance which appears to him to have caused or to be likely to cause danger to health or safety, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is in the circumstances necessary for the purpose mentioned in subsection (1) above); i. in the case of any such article or substance as is mentioned in the preceding paragraph, to take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely; - to examine it and do to it anything which he has power to do under that paragraph; - to ensure that it is not tampered with before his examination of it is completed; - to ensure that it is available for use as evidence in any proceedings for an offence under any of the relevant statutory provisions or any proceedings relating to a notice under section 21 or 22; j. to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under paragraph (d) above to answer (in the absence of persons other than a person nominated by him to be present and any persons whom the inspector may allow to be present) such questions as the inspector thinks fit to ask and to sign a declaration of the truth of his answers; k. to require the production of, inspect, and take copies of or of any entry in: - - any books or documents which by virtue of any of the relevant statutory provisions are required to be kept; and - any other books or documents which it is necessary for him to see for the purposes of any examination or investigation under paragraph (d) above; l. to require any person to afford him such facilities and assistance with respect to any matter or things within that person's control or in relation to which that person has responsibilities as are necessary to enable the inspector to exercise any of the powers conferred on him by this section; m. any other power which is necessary for the purpose mentioned in subsection (1) above. Page 5 of 8

6 Appendix B Table 5 Group Extent of Powers Comments 1 Full powers Including the refusal and revocation of licences and the powers to initiate legal proceedings under S38 HSWA 2 Full powers (except for those of For all FSIs in their given fields of expertise prohibition and prosecution) 3 Powers of entry and inspection For Trainee FSIs and FSIs who are not working within the field of their given expertise Table 6 Appointment & Authorisation of Inspectors (This is an example representation) Role & Name RRO RSP FWKR 2004 Director Service Delivery SFPM Assistant FPM P&E Supervisor Supervisor Grade 8 Inspector Key See Appendix C See Appendix D See Appendix E Page 6 of 8

7 Appendix C Delegated Powers The Regulatory Reform (Fire Safety) Order 2005 Dated 1 October 2006 Power Section Delegated Officer In Fire Safety Function Appointment of Inspectors Regulatory Reform (Fire Safety) Order 2005 Appoint inspectors Article 26 (1) CFO/CE & Director Service Delivery Powers of Inspectors Article 27 (1) (a to d) Powers of Inspectors Article 27 (1) (a & f) Refer disputes on measures necessary Determination to Secretary of State RRO 3 RRO 2 Article 36(1) RRO 1 Alterations Notice Serve an Alterations Notice Article 29 (1) RRO 2 Withdrawal of Alterations Notice Article 29 (6) RRO 2 Serve an Enforcement Notice Consult with other enforcing authority before serving an Enforcement Notice Enforcement Notices Article 30 (1) RRO 2 Article 30 (4) & (5) RRO 2 Withdrawal of Enforcement Notice Article 30 (7) (a) RRO 2 Enforcement Notice Extension of time to complete necessary works Article 30 (7) (b) Prohibition Notice 1 st extension RRO 2 2 nd extension RRO 2 3 rd extension RRO 1 Serve Prohibition Notice Article 31 (1) RRO 1 Withdrawal of Prohibition Notice Notification to Local housing Authority before serving Prohibition Notice Article 31 (9) RRO 2 Article 31 (6) RRO 2 Existing cut-off switch provided Serve Notice to satisfy position, colouring or marking of the switch. No cut-off switch provided Serve Notice to provide cut-off switch. Fire-fighters Switches Article 37 (9) (a) RRO 3 Article 37 (9) (b) RRO 3 Page 7 of 8

8 Appendix D Delegated Powers The Relevant Statutory Provisions of and Regulations Made under the Health and Safety at Work etc Act 1974 Relevant Statutory Provisions/Regulations of the Health and Safety at Work etc Act Appointment of Inspectors Power Section Delegated Officer In Fire Safety Function Appoint inspectors 3 S19 HSWA CFO/CE 4 Powers of Inspectors All powers under S20, S21, S22, S25 & S38 Group 1 Powers of Inspectors All powers under S20, S21 & S25 Group 2 Powers of Inspectors All powers under S20 Group 3 Power to enter and inspect premises, sites or installations Serve an Improvement Notice (including variation, extension of time and withdrawal) Serve and withdraw a Prohibition Notice Powers of Entry Section 20 Group 3 Improvement Notice Section 21 Group 2 Prohibition Notice Section 22 Group 1 Power to deal with cause of imminent danger Power to seize or render harmless any article or substance Section 25 Legal Proceedings Group 2 Initiate legal proceedings Section 38 Group 1 Prosecute in a magistrates court. Section 39(1) Group 1 2 See paragraph Inspectors in each of the Groups 1, 2 and 3 are detailed in the Corporate Structure document and are suitably qualified and competent to undertake inspections and enforcement activities in their respective fields of responsibility. 4 CFO/CE means the Chief Fire Officer/Chief Executive & the Director (FS&CR) of the West Yorkshire Fire and Rescue Service. Page 8 of 8