The Law on Fire and Rescue Services in the UK - Essay Example

TABLE OF CONTENTS Sub Page Introduction The law in the UK and international application The role of globalisation in legislative and substantive work 3 Dealing with ethical considerations in the fire and rescue service 5 The role of the practitioner in a changing world environment 6 UAE Law and UK Law 7 Communication of community and fire safety policies in the UK and UAE 8 Ethical impact of new civil defence stations 8 Ethical impact: The case of a fire in an apartment block in Abu Dhabi 9 Conclusion 10 Appendix 11 References 16 The Law on Fire and Rescue Services in the UK Introduction In today’s contemporary way of life, the gravitation of members in a society to live together in communities and cities presents special demands on its leadership. The government is required to assume the tasks of providing for social services, to ensure the populace is sufficiently provided not only the necessities but also access to the amenities of a progressive society. One of the mandates imposed upon the State is the assurance of a peaceful and healthy way of life, as far as is practicable, for its citizens. The relative guarantee of safety is corollary to that, because a prosperous economic life could only be attained if a society embarks upon productive ventures if it is free from the risk of loss, from adverse consequence of unforeseen incidents that, with foresight and preparation, could be averted. Economic progress comes only with confidence in the future. It is for this reason that governments in progressive countries cannot afford not to plan for a comprehensive and effective fire and safety program to address the risks posed by fire and other hazards. The concentrations of people and property within a geographical area makes the consequences of a disaster, whether man-made or natural, more severe than it otherwise should have been. It is for this reason that this study shall examine the UK and UAE efforts at improved fire and rescue capability. The law in the UK and its international application The law on fire service implemented in the United Kingdom is embodied in the Regulatory Reform (Fire Safety) Order 2005, which applies to all non-domestic premises with a few, specific, exemptions. The Regulatory Reform (Fire Safety) Order 2005 (RRFSO) supersedes the Fire Precautions Act of 1971, in effect replacing, among other things, fire certification with a general duty to ensure, as far as is reasonably practicable, the safety of employees from the hazards and dangers of fire. In relation to non-employees, the duty of the premises’ owner is to take such fire precautions as may be reasonably required, given the circumstances, to ascertain their safety within the premises. Furthermore, it is the duty of such owners to carry out a fire risk assessment. The novelty of the reform is that it draws together more than 100 pieces of separate legislation in force at the time. As stated earlier, it abolishes fire safety certificates for non-domestic premises, in effect transferring the burden of responsibility onto a “responsible person”, such as an employer, a building owner, occupier, or whoever has a contractual responsibility for fire safety and maintenance. In the case of a workplace, the employer is considered the responsible person for areas which are under his control. Areas outside and common areas, such including common stairways, halls and landings, the responsible person is the owner of the premises. Other new provisions include the duties of the responsible person which the following; 1. ensuring that the premises are equipped with appropriate alarms, detectors and firefighting equipment 2. ensuring the regular maintenance of premises and fire safety equipment 3. keeping emergency routes and exits clear 4. establishing appropriate procedures for emergency situations 5. providing information and training on fire safety, individual risk assessments and safety procedures 6. providing information on fire safety procedures and on the nominated ‘competent persons’. Competent persons are individuals nominated by the responsible person to assist with protective and preventive measures, The RRFSO is an integrated approach to fire and safety legislation that did away with the prescriptive approach then in place. Until then, only the minimum level of safety could be ensured. The prescriptive approach had several other disadvantages, such as limitations on technological innovations in safety equipment. The RRFSO is officially enforceable in England and Wales, as a different set of regulations on fire and safety is implemented outside of them, such as the Fire Act 2005 and the Fire Safety Regulations 2006 in Scotland. However, countries the world over, depending upon their political systems and governance policies, have adopted the RRO as their benchmark rule for fire and safety regulation, adapting them as appropriate to their particular environments, cultures and societies. The RRO is then made suppletorily applicable as far as the laws of their own country would allow, or where they would be inadequate to address particular situations pertaining to fire prevention and safety services. The role of globalisation in legislative and substantive work Different countries are of different political persuasions and levels of economic development. As such, the importance and resources that are devoted to fire and safety standards may vary. Relatively more prosperous and developed countries will put greater emphasis on fire and safety compliance especially in the urban areas and business establishments, as incidences in these areas may adversely affect a greater number of people within a shorter period of time. Increasing globalisation, however, imposes among transacting countries some level of standardization in their policies and procedures, to facilitate ease in dealing with one another. A country which would want to maintain some level of global competitiveness, for instance, would wish to create an environment conducive to the influx and stay of foreigners such as the transient tourists or the longer-staying expatriate businessmen. Naturally, also, the need to attract foreign investors necessitates an assurance to these investors of quality levels that meet world standards – including, and especially, safety standards. It is but natural that a government eager to take the upper hand in the globalisation effort will seek to institutionalize its world-class readiness by passing laws towards this end. In short, globalisation provides impetus to countries to promulgate legislation that hastens compliance with world standards. Internationally recognised fire safety standards are available to safety officers and engineers in any country. In spite of this, many buildings, are unequipped with even the basic safety features, sometimes due to the fact that the building is old or merely converted from some other use, such as if it were refurbished from a domicile into a hotel or hostel. Also, there is the problem of buildings originally built to standard, but later on altered for commercial purposes. All too often, alterations are undertaken with the intention to maximise the number of occupants who shall be renting the space. The changes seldom follow a coherent design, much less would the changes have been prepared with sufficient regard for the people’s safety, such as provisions for escape in the event of a fire. In several countries, alterations would require the owner to apply for government permit; such a regulation, however, is often rendered useless by weaknesses in regulatory enforcement, such as graft and corruption in the implementing agencies. Dealing with ethical considerations in the fire and rescue service As in any profession, workers in the fire and rescue services are constrained to abide by a code of conduct, a set of principles that define their proper deportment in the exercise of their profession. The International Association of Fire Fighters (IAFF) has embodied the following principles in its code of ethics, adopted by fire fighters around the world: As stated by the code, uppermost in the ethical considerations of the fire and safety services is the public duty to serve humanity, safeguard and preserve life, and maintain proficiency in their work. Other issues, such as monetary gain and career advancement, are secondary to public service. The fire and rescue professional is answerable to his colleagues in the profession for his ethical conduct on the job. The role of the practitioner in a changing world environment Oftentimes, legislation is phrased in such a way as to be of general application, and yet specific enough to delineate particular persons, things, or situations for which such legislation should be applicable. In the course of implementation, however, the lay person is at a loss as to how the law should be interpreted and applied. There are some particular instances that appear not be mentioned, in which case the spirit and intention of the law is interpreted. It is this junction between the actual and the theoretical where the practitioner finds his most important function. The ordinary citizen does not have the practical knowledge nor expertise so as to effectively interpret the law. Unfortunately, the law is presumed known and understood by all (since ignorance of the law excuses no one). But the citizen may avail of the services of a practitioner in the field, who, by virtue of the license of his profession, is deemed equipped with the expertise to understand the law and ensure that its proper application is conformed to by the client. The practitioner is indispensable, especially when the subject deals with the safety and welfare of people. Practitioners play an important role in globalisation. Through the international network of professional association, collaborations and joint projects among them is a catalyst towards greater international cooperation and faster determination and dissemination of new standards. By forming a consensus as a group of professionals, practitioners lead the way for societies to progressively adapt new and better ways of effecting fire and safety methods and procedures. One important aspect of the practitioner’s job is to issue independent third-party certification that assures end-users and enforcers alike that the fire safety products sold and installed by manufacturers will satisfactorily deliver the required standard of performance for which it is advertised. Such certification, applied for instance to fire safety inspection and assessment, will provide the premises’ owners the assurance that their buildings or property are compliant with legally mandated standards; and should it not be, which results in accidents or untoward incidents, then the certification relieves the owner (who acted in good faith) from liability due to negligence, and imposes this liability on the certifying practitioner. It is this public accountability that motivates a practitioner to act prudently and discreetly according to the highest principles of his profession. UAE Law and UK Law In the United Kingdom, the legislative power resides in the Parliament, comprised of the House of Lords and the House of Commons. Concerning Fire Safety legislation, the government official responsible for this is the office of the Deputy Prime Minister. The principal authority for enforcing fire and rescue legislation is the Health and Safety Executive. The principal law in force in England and Wales is the Regulatory Reform (Fire Safety) Order 2005, which became enforceable in October 2006; while in Scotland, it is the Fire (Scotland) Act of 2005 and the Fire Safety (Scotland) Regulations of 2006. In the United Arab Emirates, each of the emirates has its own autonomy and power to legislate or make its own laws. It may, however, relinquish to the Federal Government a part of its authority and sovereignty. The enforcement of fire and safety laws is undertaken by the Departments of Civil Defence, working together with Fire and Rescue Services; and the Environment Agency, which monitors compliance with safety requirements. In the UAE, all buildings are required to comply with The Fire Protection Federal Law for 1991, with other international standards – such as those from the NFPA (National Fire Protection Association) – also being recognized. (Gulf Construction Online, 2008) Communication of community and fire safety policies in the UK and UAE In the UK, it is mandatory for a system of building installations such as alarm systems, complemented with smoke detectors, sprinkler systems, and fire extinguishers, as well as an emergency and a disaster plan. An effective system of communication is required in business and commercial establishments, as well as diagrams with escape and exit routes conspicuously installed in strategic passageways. Likewise are fire drills and periodic inspection of facilities by authorities mandatory. In the UAE, there are no legal requirements for alarm tests or evacuation drills in public and private buildings. Furthermore, buildings do not have alarm systems for the simple reason that most people ignore fire alarms. Building officials install a Tannoy system, instead. Named after the major supplier of public address and loudspeaker systems, the Tannoy system is a direct and effective means of mass communication by which a direct call to people could be issued in case of an emergency. Ethical impact of new civil defence stations The new civil defence’s strategic plan has formulated its goal around excellence in firefighting and rescue operations. It seeks to do this by implementing best practices, such as observing best response times, increasing readiness to meet fire emergencies through better firefighting stations, and ensuring safety for water projects, as well as developing firefighting and air rescue services. Construction of new civil defence stations is critical in meeting the mandate to safeguard and protect human life and maintain peak preparedness for fire and rescue services. The establishment of civil defence stations includes staffing with qualified personnel and state-of-the-art equipment. The new civil defence stations are designed to function as watchtowers. Their location and designation will be such that the employees will be able to monitor the wide expanse of area which is under their jurisdiction and easily spot and locate any smoke that may come out of any establishment due to a fire breakout. The fire fighters will be properly equipped with technologically advanced firefighting equipment such as modern fire engines, fire snorkels, rescue ladders, tankers with 4,000 and 10,000 gallon capacity, firefighting power vehicles, mobile operation vehicles, and oxygen cylinders. The aim of this upgrading program is the ensure quick response to accidents, to ensure emergency readiness, and improve civil defence. The improved fire and safety standards and performance is a major component of the Abu Dhabi policy agenda for economic advancement. Under the policy agenda, public health and safety as well as policy and emergency services. The agenda strengthens the concept of accountability, through a system of quarterly reviews to assess performance. Also, it will promote a culture of transparency so that government officials will be more open to the media, which will in turn provide for a barometer by which progress may be measured. Ethical impact: The case of a fire in an apartment block in Abu Dhabi At about noon on June 22, 2008, a fire broke out in the second floor of an apartment building in Khalifa Complex, opposite Abu Dhabi Mall in the tourist club area. Five men, all cleaners tasked with maintaining the then recently-vacated apartment, suffered serious burns. The fire broke out as the workers were using solvent to remove glue left behind by carpet used by the previous tenant. Eyewitness accounts, however, mention a cigarette as the cause of the fire. (Absal, 2008) While the apartment was reported to be totally damaged, it was due to the quick response, presence of mind, and skilful operation of the fire and rescue workers that the fire was contained and did not progress to surrounding areas. This is in line with the Abu Dhabi Policy Agenda for 2007-2008, calling for greater emergency preparedness, faster response times, and tighter vigilance to guard against unnecessary loss of life and property. The already impressive peace and safety record of the region could only improve because of the policy agenda, which in turn is expected to redound to the greater economic progress of the emirate. Conclusion Fire and safety readiness is an indispensable aspect of contemporary metropolitan lifestyle. Disaster strikes anytime and anywhere, and a sufficient amount of preparation and planning will save countless lives. International standards and systems of relief and rescue are and always will remain a necessary element in maintaining an acceptable level of disaster preparedness. WORDCOUNT: 2,560 APPENDIX: Visit to fire engineering - Abu Dhabi Civil Defence Organisation Accessed at Planning Copy of relevant legislation with any amending/enabling legalisation Law 154/1991 Only available in Arabic Law 0f 2002 which deals with Civil Defence organisation does not mention fire prevention or fire safety What is the system? Notification of a new build – how notified Series of forms to be completed by the applicant (referred to as Consultant but is an architect). Includes consultants name, owner and land registry number. Application is made in person, except where it involves Sheikh, when there is a letter from the Diwan. Diwans require plans to be passed without review or site visits, so no oversight. Only 15 applications per week, per engineer. Appointment of supervising engineer – how done Combination of experience and workload. Liaison with contractors Depends on size and complexity of project, but is carried out Review and passing of plans For villas and small buildings, office established in the Municipality, where plans are reviewed and passed, as a paper exercise. Visits take place after completion to ensure compliance with plans. Because of cultural considerations - burning of Oud in homes, installation of smoke alarms is not considered viable. How many inspection visits carried out and when Usually only one visit, when the building is complete. No inspections when work is in progress. Notification of readiness to inspect Form completed by the developer/consultant. Final certificate Issues by the Civil Defence Head of Department, Captain Hashim Al Hashimi Failure notices Only 1% of plans pass without comment (no figures to support this). Plans are almost always sent back for additions and corrections Follow up inspections As required Passing of plans without inspection Never. Review of plans and paper approval Three kinds. The 1st Plan, which would probably equate to the master plans. Second review is of the “Shop Drawings”, these are the detailed technical drawings for the builder Registry/library of plans Yes, but in the section. They have a very large copy machine for plans, to make electromic copies, but have no one to operate it. They have plans to make the information available to fire stations, but they are on hold at the moment. Time between notification and actual inspection - delays Usually 2 weeks between notification and inspection. What form does inspection take. Proforma used Yes (copy supplied) A committee carries out the inspection. It is usually 3, made up of NCO’s or Warrant Officer, who have had some training in carrying out inspections. The Engineers will only inspect the very largest projects. Records of inspection Paper based system. Copies are retained in the file, but not in digital format. Stats for inspections carried out None are available. The Lieutenant has proposed the idea but because of having few staff, the engineers and inspectors have said that if they spend time completing stats, then there will be less time for their real work. Are there legal obligations/strictures on the developer/architects Civil Defence produce and circulate on CD and in hard copy if required, the Abu Dhabi building code (2005 latest version). Only produced in Arabic. This is the guide that has to be followed by all concerned. How many engineers Staffing of unit AUH, Al Ain, Western Region 3 qualified engineers in Abu Dhabi Division. Unable to speak for other two. Admin Support Yes, Number of Engineers, qualification and length of service 3 architectural engineers, two ex-pats with some 7 years experience in post, one local just returned after receiving MA in Australia. Number of Officers staff 7 officers, 80 in the section total Follow up training None Encouragement to continue education Only for locals. Ex-pats are not included, although the engineers say they do in their own time and at their own expense. Assessment of work No peer reviews carried out, but officers review plans before signing certificates. Level of Experience Much better than had been portrayed, but they need more engineering staff rather than those with “grandfather rights”. They have no one with experience as a chemist or in HAZMAT. They had an oil refinery engineer, but he was being paid 4,000 AED a month, and left when one of the oil companies offered him 23,000 AED a month instead. As people get experience they are moved, so there is a loss of local knowledge. Architect liaison during design stage Yes. Involved throughout the large projects planning stages, offering advice on access, density How many visits carried out annually, for what reasons Not known. Central records not kept. How many failures Not known. Central records not kept What are the reasons for failure Remedial actions By way of letter listing what additions or corrections have to be made. Identification of problem features in plans 99% fail at first submission Fire Safety Inspections Hotel fire certification Annual visits/inspections 1 formal visit and one unannounced visit per year Reports of incidents No Tests of alarms and evacuation procedures May be part of snap inspection. Hotels not required to carry out own tests or evacuation drills Records of tests Hotels not required to keep records How long are certificates valid for 1 year, renewable annually Housing block inspections - post occupation When and how many Visits take place at between 1 and 2 year intervals Annual/biannual Alarm faults reported Not required to report faults to anyone Buildings housing dangerous substances HAZMAT notified to CID No contact or liaison between CID and Civil Defence. Any legal requirement for fire suppression, doors, alarms etc Environment agency has regulatory role over hazardous substances and safety requirements Buildings with dangerous manufacturing processes Storage of chemicals At the planning stage, approval has to be given. If there is a change of building use, without structural changes (or carried out without permission) then no oversight. Hospitals and public buildings included or excluded Only private hospitals as of right. Government and military hospitals do invite inspection, but no legal power to carry out snap audits. For private hospitals, 1 formal and one snap inspection each year. Oversight of fire extinguisher and alarm companies. Liaison with same Routine liaison takes place. No regulatory oversight. Regulations for alarm tests, evacuation drills in public/private buildings None. After fire Investigation Not involved in the investigation. Have built links with the Forensic Science Laboratory at Police GHQ, but they are not specialists in fire investigation/analysis. Additional Points Building protection guarantees Lack of a specialist facility or scientific experts to test the voracity of claims made by builders. Eg. Wall as constructed, will contain fire for x amount of time. How can this be tested, proved/disproved? Problem areas Large, new build hotels not a problem Older buildings converted to hotels do not have to comply with latest regulations, because of difficulty and cost involved, so their standards of fire protection are less. Plans are passed with an application of common sense of what is practical and what can be achieved. Singles accommodation – This is where a building is converted into very high density one apartments for workers. Often toilets are converted to kitchens. Fire hazard in these buildings is very high. Essentially buildings converted are without protection. Network Gas Where piped gas is being installed, there is no support or information forthcoming from ADNOC. None of the inspectors or engineers have any training in network gas safety. Fire alarms Even where a building has an alarm, if the alarm sounds, no one responds to it. Alarms are ignored. In new housing buildings, an tannoy system is recommended so announcements can be made, as well as the alarm being sounded. Unlicensed buildings Housing buildings are unlicensed, and there is no power to make owners effect repairs following biannual visit. Fines are issued to the building watchmen, but they are civil infractions not criminal penalties. The building owners ignore the fixed penalty notice or refuse to pay. Discussions have taken place with the Justice ministry to try and transfer the civil infractions to the courts of first instance (equal Magistrates court), but there is no provision in the current laws to allow this to happen. Meeting has taken place with the UAE Insurance Company, to try and link the issue of certification with owners insurance, but little progress so far. Labour camps Camps for labourers are not a problem area. Old buildings Quite a large number of buildings have been built before 1991, and there were no regulations what so ever, so they have little or no protection, but are still in use. Training No continuation or refresher training provided for staff. Public reporting of problems The section started a scheme with a hot line for the public to report problems. However, the media were hostile and it received negative publicity and because of this there was political pressure to quietly drop the idea. Review of 2005 code Currently there is no review process, but as there are new techniques developed, where a developer wants to do something that is not in the code, they will accept it if there is a British, US, Australian or Hong Kong standard in existence. There is a conflict between the US and UK standards over the issue of active and passive protection. Developers favour the US standards because they are cheaper. The Engineers prefer the UK standards. Good example is refuge floors in very tall buildings. Because standards do not exist it is impossible to get developers to create refuges, when they cost 20 million a floor. Inspectors qualifications Most only have a diploma from a technical college after completing high school. Scale of fees The cost is the same whether it is a villa with two floors, or a housing block of 10. More than 10 floors and the cost goes up. There is a proposal to charge by the Sq Metre Fire test laboratory and Forensic fire lab Waiting for a reply to a report sent to GHQ asking for one to be established. Admin matters Not enough cars or office space. Not enough computers. Not networked. Want to work shifts to provide more cover and also lesson demand on scarce resources. REFERENCES Absal, R. (2008) “Five workers suffer serious burns in Abu Dhabi apartment fire”, Gulf News, June 22, 2008. Accessed May 2, 2009 from Abu Dhabi Policy Agenda 2007-2008. Accessed May 2, 2009 from Al Theeb, A. (2009) “New civil defence stations to improve response time”, Gulfnews.com, Mar. 2, 2009. Accessed May 2, 2009 from Auen, T. (2009) “CAD: Is Your System Universal?” Fire Engineering, Feb 2009, p. 110. Accessed May 2, 2009 from Avillo, A. (2005) “Fireground Strategies: Old- and New-Law Multiple Dwellings”, Fire Engineering, June 2005, p. 77-90, Penn Well Publishing Co. “Burning Issues”, Gulf Contruction Online, vol. XXIX, no. 10, Oct. 2008. Accessed May 2, 2009 from < http://www.gulfconstructionworldwide.com/bkArticlesF.asp?IssueID=290& Section=1926&Article=10198> “Changes to Fire Safety Law in the UK during 2006”, Red Box Fire Control. (n.d.) Accessed May 2, 2009 from Dubai appeal to raise global fire standards. All Business.com, Aug. 1, 2003. Accessed May 2, 2009 from Ellicott, G. (2005) “2004…that was the year that was!” ASFP News, Fire Safety Engineers, January 2005, p. 10. Accessed May 2, 2009 from www.fsemags.com Fire Service International. The Regulator Reform (Fire Safety) Order 2005. Accessed May 2, 2009 from < http://www.fsiuk.co.uk/fire_safety_legislation_regs.htm> International Association of Firefighters, Firefighter Code of Ethics. Accessed May 2, 2009 from Padmore, H. (2007) “Laying Down the Law”, Fire Safety Engineering, Oct. 2007, pp. 14-16, CMP Europe. Statutory Instrument 2005 No. 1541 The Regulatory Reform (Fire Safety) Order 2005. Toase, P. (2006) “New fire safety legislation: employers are now responsible,” Logistics & Transport Focus, Oct 2006, pp.44-46, Chartered Institute of Logistics & Transport (UK) Walls, K. L. (2001) “Fire Safety in Buildings”, Jurnal Teknologi, vol. 34, pp. 13-20, Universiti Teknologi Malaysia. Read More