Safety Newsletter No 79: Important Changes to Fire Risk Assessor Competency Requirements

Recent Government actions following the Grenfell Tower Inquiry have led to significant changes in fire safety legislation, particularly concerning fire risk assessors. These changes are designed to ensure enhanced fire safety measures, improved competency requirements, and greater accountability for those responsible for fire risk assessments. Below, we outline the updates, and what they mean for you.

Key Developments from the Grenfell Inquiry

The UK Government has formally accepted 49 out of 58 recommendations from the Grenfell Tower Inquiry in full, with the remaining 9 being accepted in principle, pending further consultation. A key focus of these recommendations is fire risk assessment competency and accountability.

In response, the Government has introduced measures to:

• Establish a legal requirement for certification for fire risk assessors.

• Improve construction product safety regulations.

• Introduce a single construction regulator to enforce building safety.

• Strengthen protections for social tenants.

• Implement new frameworks for evacuation procedures for vulnerable individuals in high-rise buildings.

• Develop a publicly accessible record of all public inquiry recommendations.

Additionally, the Procurement Act 2023, which recently came into force, enables full investigations into companies implicated in professional misconduct, including fire safety negligence. Organisations found in violation of this Act could face debarment from public contracts and legal consequences.

Changes to Fire Risk Assessment Requirements

Under Article 156 of the Building Safety Act 2022, important amendments have been made to the Regulatory Reform (Fire Safety) Order 2005 (RRO). These changes impact all businesses, landlords, and property managers, placing greater emphasis on comprehensive fire risk assessments.

All findings must be recorded: The term significant has been removed, meaning every finding from a fire risk assessment must now be documented.

No five-employee threshold: Previously, only businesses with five or more employees were required to document findings. Now, all businesses must keep fire risk assessment records, regardless of size.

Enhanced competency requirements: Fire risk assessors must be demonstrably competent, with adequate training and experience.

Responsibility for recording fire safety information: Employers must maintain records of:

• Individuals assisting with fire safety.

• Fire safety measures in place.

• The names and contact details of responsible persons.

Improved co-operation between responsible persons: Those overseeing different parts of the same building must share fire safety information and keep records of their communications.

Failure to comply with these requirements could lead to enforcement actions, fines, or even prosecution. 

Defining Fire Safety Roles

It is crucial to understand the different roles outlined in fire safety legislation:

• Responsible Person: The entity (usually an employer or landlord) responsible for fire safety in a building.

• Accountable Person: A party with legal control over common parts of a building, such as landlords or building owners.

• Competent Person: Someone with the necessary training, experience, knowledge, and qualifications to assist in fire safety matters.

As per Article 156, responsible persons must not appoint individuals or third-party organisations, unless they can demonstrate competency. If you hire external consultants, it is your responsibility to ensure they hold appropriate certifications and experience in fire safety assessments.

There is also now an expectation that a fire risk assessor must stand down from undertaking a fire risk assessment if they believe they do not have the right competency to undertake the job.

Next Steps

With these new regulations now in effect, we strongly recommend that all organisations take the following steps:

1. Review and update your fire risk assessments in line with the new legal requirements.

2. Verify the competency of your fire risk assessors.

3. Ensure proper documentation of all fire safety measures and responsible individuals.

4. Collaborate with other responsible persons in shared buildings to maintain compliance.

5. Stay informed on the upcoming British Standard for fire risk assessor competence, expected to be published later this year.

Summary

BackupHR has always declined to undertake fire risk assessments, as we have felt that a high degree of fire knowledge and competency is required, which we recognise we do not have. We have also seen some very poor fire risk assessments written by other health and safety consultants. It is highly regrettable that a substantial number of people have had to die for health and safety legislation to finally address a number of critical gaps in fire safety standards issues, including the competence of fire risk assessors.

Clients are welcome to raise any concerns with our Consultant team, who would be pleased to advise you on any element of the issues arising from this newsletter.