Gloucestershire Fire & Rescue Service

Enforcement Policy

GLOUCESTERSHIRE FIRE & RESCUE SERVICE

ENFORCEMENT POLICY

Document Status Ownership Community Safety: - Protection Originating Date: - March 2015 Review Date: - Yearly Key Consultees: - Fire Safety Enforcement team, GM, SM, SLT, GCC Legal

Issued By: Jennifer Hendry Fire Safety Enforcement

Circulation: GFRSnet and Glosfire Web

Gloucestershire Fire & Rescue Service

Enforcement Policy

GLOUCESTERSHIRE FIRE & RESCUE SERVICE

ENFORCEMENT POLICY

INDEX

1. Introduction Page 3

2. Purpose of Enforcement Policy Page 3-4

3. Principles of Inspection and Enforcement Page 4 Openness and Transparency Page 5 Standards and Accountability Page 5 Targeting Page 5 Powers of Entry Page 5-6

4. Enforcement Procedures Page 6-8 Education Page 5 Letter of non compliance Page 6 Agreed Action Plan Page 7 Enforcement Notice Page 7 Prohibition Notice Page 7 Simple Caution Page 7 Prosecution Page 8

5. What you can expect Page 8-9

6. Appeals Page 9

7. Public Register Page 9

8. Data Protection and Freedom of Information Page 9

9. Appeals, Challenges and Complaints Procedures Page 10-12

Gloucestershire Fire & Rescue Service

Enforcement Policy

1 INTRODUCTION

GFRS (the Service) carries out fire safety enforcement work on behalf of the Gloucestershire County Council who is the Fire Authority for Gloucestershire (the Authority). This statement sets out the general policy and principles which Gloucestershire Fire & Rescue Service (GFRS) expect to follow. It provides guidance for inspectors, businesses and members of the public. It is intended to clearly set out the aims, standards and values that will be applied and in particular it provides information on the following:

The Purpose of the Enforcement Policy

Principles of Inspection and Enforcement

Enforcement Procedures

Appeals

Public Register

Data Protection and Freedom of Information

Complaints, Compliments and Comments about GFRS

Contact Details

We aim to provide a consistently high quality service to the commercial/business community in relation to our local community safety targets and technical/legislative fire safety matters. The fire safety policy is written in support of the Regulators’ Compliance Code and the regulatory principles required under the Legislative and Regulatory Reform Act 2006. Compliance with this policy will ensure that we will strive to be fair, impartial, independent and objective and will not be influenced by issues such as ethnicity or national origin, gender, religious beliefs, political views or the sexual orientation of the suspect, victim, witness or offender. Decisions will not be influenced by improper or undue pressure from any source.

2 THE PURPOSE OF THE ENFORCEMENT POLICY

Gloucestershire Fire and Rescue Service Officers act to ensure compliance with the Regulatory Reform (Fire Safety) Order 2005. The laws are there to protect consumers, businesses and individuals.

Gloucestershire Fire & Rescue Service

Enforcement Policy

Gloucestershire Fire and Rescue Service will visit premises to check that the fire risk assessment and fire prevention measures in place are appropriate. When carrying out such a visit and where it is considered necessary to use a Power of Entry, a power provided to us by legislation, this will only be done after considering whether it is appropriate to do so and by obtaining senior officer approval in accordance with the Powers of Entry Code of Practice. In addition we will always endeavour where appropriate to give a least 48 hours notice. Regardless of the notice period given the officers will always leave a Notice of Powers of Rights at the premises for the occupier’s attention.

We have dedicated Fire Safety Inspectors to help you understand the rules and comply with them. We believe that prevention is better than cure and therefore our role involves actively working with businesses. We will take particular care to engage with small businesses and organisations so that, where practicable, they can meet their legal obligations without unnecessary expense. If the Fire Safety Inspectors do consider your fire safety measures to be inadequate however, they can take appropriate action as they deem fit, the options of which are set out in section 5 of this Policy Statement.

3 PRINCIPLES OF INSPECTION AND ENFORCEMENT

The Service believes in firm but fair enforcement of the Regulatory Reform (Fire Safety) Order 2005 (the Order). As a result, as is general to the Health and Safety Commission’s Enforcement Policy Statement, we aim to achieve this by following the principles set out below.

Proportionality

The Service will endeavour to minimise the cost of compliance for business by ensuring that any action taken, or advice offered, is proportionate to the risk and, where appropriate, we coordinate with other agencies. When considering action, we will take account of the circumstances of the case, the actual or potential risk due to fire and also the attitude of the responsible person/duty holder.

Consistency

Consistency of approach does not mean uniformity, it means taking a similar approach in comparable circumstances to achieve consistent goals. This is achieved by way of a nationally recognised risk assessment based audit/inspection methodology, the use of the enforcement management model and variables such as:

The actual or potential risk associated with fire

Attitude or competence of duty holder

History of incidents or previous enforcement action

Gloucestershire Fire & Rescue Service

Enforcement Policy

The service will therefore carry out its duties in a fair, equitable, consistent and open manner. Inspectors will exercise their professional judgement to deal effectively with specific matters but, will base judgements on the benchmark standards and guidance to promote consistency. We will liaise with other authorities and enforcement bodies to achieve co-ordination and locate best practice and avoid duplication.

Openness & Transparency

The Service will provide information and advice in plain language on the rules that it applies and will disseminate this as widely as possible. The Service will be open and transparent about how it sets about its work, proactively engaging with business, voluntary organisations, charities, consumers and workforce representatives. We will help those responsible (the responsible person) for complying with the Order to understand what is expected of them and what they should expect from the Service. We will distinguish between statutory requirements and advice or guidance about what is desirable but not compulsory to meet the legislation, where possible this will always take place in the form of discussions and prior to any notices being served.

Standards & Accountability

The Service will carry out its enforcement and advisory functions in an equitable, practical and consistent manner. The Service is accountable to the community for its actions. This means we can be judged against the principles set out within this enforcement policy. We will also adopt and adhere to policy and guidance issued by The Department for Communities and Local Government (DCLG) , Better Regulation Delivery Office (BRDO), the Chief Fire Officers’ Association (CFOA), and National and European accepted standards where published. National and local targets for the quality of delivery of service will be identified and incorporated into our procedures.

Targeting

Our inspections will be focused primarily on those premises and activities giving rise to the most serious risk to life. We will maintain a strategy that will identify and assess the risks within premises and the community and allocate resources to carry out inspections accordingly. Where enforcement action is necessary we will identify the person responsible for creating the risk. This may be the owner, occupier, employer, manager or other responsible person. We will seek compliance and may take action against those regarded as primarily in breach. Powers of Entry

Gloucestershire Fire & Rescue Service

Enforcement Policy

When exercising our powers of entry, a power devolved to the Service by virtue of Article 27 of the Regulatory Reform (Fire Safety) Order 2005, we do so in accordance with the Protection of Freedoms Act 2012 and also the Code of Practice on Powers of Entry issued in April 2015, which dictates that there must be a proper process of approval for the exercise of powers of entry. Full details of the process used by the Service are set out in the separate policy entitled Powers of Entry

Authorisation. By way of example however, to demonstrate compliance in addition to the re inspection programme as detailed above, the following visits are also authorised.

Commercial premises after fire to trigger inspection visit, it will be at the discretion of the officer to decide if it is necessary and proportionate to visit the premises or if this can be carried out in a less intrusive manner. (To be dealt within 10 working days – commercial premises also include visits to sheltered accommodation & supported living following incidents in the dwelling, so to discuss the incident with the responsible person.

Unwanted fire alarms signal visits - 3 fire alarm activations within 3 months and the building is occupied and visiting the premises is the only option (to be dealt within 10 working days)

Any inspections that do not fall within the targeted approach will have to have separate authorisation from the Fire Safety Station Manager or in their absence the Duty Officer and such authorisation should be recorded onto CFRMIS. This will include complaints made by members of public in relation to premises, requests from partner agencies to inspect premises following concerns for fire safety, multi agency visits and anything other than those that has been listed above.

4 ENFORCEMENT PROCEDURES

All staff that take enforcement decisions will be required to follow the principles and guidance in the ‘Enforcement Management Model’ (EMM) issued by the Health and Safety Commission’.

Education

The authority will always seek compliance with the law by offering the responsible person information and advice both verbally and/or in writing. Educating, informing and advising responsible persons about their duties under fire safety legislation will form a fundamental element of our enforcement regime.

We will endeavour to raise awareness about fire safety legal requirements, general good practice of compliance with the law through business engagement events, leaflet distribution after a commercial fire incident, general advice enquiries over the telephone, via email or on the premises.

Letter of Non Compliance

Gloucestershire Fire & Rescue Service

Enforcement Policy

Where premises are largely compliant, the outcome will, in most instances, initially be dealt with using a letter of non compliance detailing the fire safety deficiencies and the steps considered necessary to remedy the fire safety deficiencies.

Agreed Action Plan Where there are numerous deficiencies an agreed action plan can be used if the responsible person is found to be co operative. Alterations Notice

Where in our opinion particular premises could, as a result of any future change of circumstances to the premises or to the use of the premises, result in a serious risk to people using the premises, we may serve on the responsible person an Alterations Notice requiring the responsible person, before making any changes, to notify us of the proposed changes.

This is a formal notice and shall remain in force until it is either (1) withdrawn by the Service or (2) cancelled by a Magistrates’ Court. Failure to comply with an Alterations Notice constitutes a criminal offence and may result in prosecution of the person responsible. Enforcement Notice

Where we are of the opinion that there has been a failure to comply with fire safety provisions and/or the responsible person is not found to be co operating with the Inspecting Officer, an Enforcement Notice will be served. The Enforcement Notice will include directions as to the measures deemed necessary to remedy the failure.

This is a formal notice and shall remain in force for the period specified in the Notice (whether this be the original period or an extended or further extended period) unless it is either (1) withdrawn by the Service prior to the period specified or (2) cancelled by a Magistrates’ Court. Failure to comply with an Enforcement Notice constitutes a criminal offence and may result in prosecution of the person responsible.

Prohibition Notice

Where dangerous conditions are found and the Service are of the opinion that the use of the premises/workplace involves or will involve a risk to persons in case of fire so serious that the use of the premises ought to be prohibited or restricted and that risk cannot be remedied immediately, the Service will issue a Prohibition Notice prohibiting or restricting the use of the premises. This is a formal notice and shall remain in force until it is either (1) withdrawn by the Service or (2) cancelled by a Magistrates’ Court. Failure to comply with a Prohibition Notice constitutes a criminal offence and may result in prosecution of the person responsible.

Gloucestershire Fire & Rescue Service

Enforcement Policy

Simple Cautions

In cases of less serious offences and, where appropriate, the Service can decide to offer the responsible person the option of a Simple Caution. A Simple Caution can only be issued in cases where a prosecution could be properly brought. A Simple Caution is an admission of guilt but it is not a form of sentence, nor is it a criminal conviction. It may however be cited in court in certain circumstances (e.g. if the responsible person is convicted for a further or similar offence in the future). Whilst the responsible person must have admitted the offence(s) for a Simple Caution to be offered, they do not have to accept it.

Prosecution

A prosecution will only be undertaken when the evidence passes both the ‘Evidential Test’ and the ‘Public Interest Test’. In deciding these regard will be given to the Crown Prosecution Service Code of Practice. Before a decision to prosecute is taken, the alleged offence(s) will be fully investigated, a report compiled by the Investigating Officer and the file reviewed by a Senior Manager. Various factors will be taken into consideration when deciding to prosecute for the alleged breaches of the law. These will include, amongst other:-

The seriousness of the offence (the severity and scale of potential and actual risk and the seriousness of any breach of law)

The previous history including the safety performance of the party (the responsible person) concerned.

The willingness of the party to correct the situation and prevent a recurrence of the problem

An acceptable explanation for the breach in law

The likelihood of the accused being able to establish a satisfactory defence

The probable public benefit of a successful prosecution

The cooperation of individuals or businesses as any that obstruct officers may be liable to prosecution.

5 WHAT YOU CAN EXPECT FROM US

Our Inspecting Officers have a wide variety of powers which include the power to enter premises and carry out inspections, to make any necessary enquiries to ascertain compliance with legislation or identify the responsible person, require the production of books, documents or records for examination/taking copies and, where necessary take samples. We will at all times provide a courteous and efficient service and we will treat all people fairly and will respect their privacy and dignity. In addition, you can expect an Officer to:–

Gloucestershire Fire & Rescue Service

Enforcement Policy

Identify themselves and any colleagues by name and, if requested, show you their identification (except in situations when the safety of the officer would be compromised by doing so).

Give clear and simple advice.

Where requested give free advice on fire safety.

Clearly distinguish between what you must do to comply with the law and what is recommended as best practice.

Minimise the cost of compliance by requiring proportionate action. Give you a reasonable time to comply (unless immediate action is required).

The Gloucestershire Fire and Rescue website (www.glosfire.gov.uk) will be fully utilised providing up to date government produced guidance documents for buildings that are used for different purposes and risk assessment templates.

6 APPEALS

Where a right of appeal against a formal action exists other than through the courts, advice on the appeal mechanism will be clearly set out in writing at the time the action was taken. The responsible person(s) that has been issued with an Alterations Notice, an Enforcement Notice or a Prohibition Notice has the right to appeal against the notice served upon them. It must be by way of complaint to the local Magistrates’ Court and must be done within 21 days from the day on which the notice is served.

7 PUBLIC REGISTER

In accordance with the “Environment and Safety Information Act 1988” the Service is obliged to enter details of certain notices called “relevant notices” into a register which the public have access to. Further details are available on request.

8 DATA PROTECTION AND FREEDOM OF INFORMATION

The Service will comply with the principles of the Data Protection Act 1998 governing the use of personal data received or obtained and will respect the rights and freedoms of those individuals when processing their details.

Gloucestershire Fire & Rescue Service

Enforcement Policy

Under the Freedom of Information Act 2000, individuals are given ‘a general right of access to information held by public authorities in the course of carrying out their functions subject to certain conditions and exemptions’. Under Section 19 of the Act, public authorities are required to produce a publication scheme setting out details of the information routinely published or made available, how the information is made available (in hard copy and on-line), and whether it is available free of charge or on payment.

9 COMPLAINTS, COMPLIMENTS AND COMMENTS ABOUT GFRS

Gloucestershire Fire & Rescue Service takes any complaint seriously and we aim to deal with them responsively, efficiently and effectively in a manner appropriate to the individual complaint. Any right of complaint or appeal will be explained, with details of the process and the likely time scales involved. If you wish to make a complaint or send us a compliment or comment about our service:

Please contact the Chief Fire Officer at the address below, or

You can use Gloucestershire County Council’s online complaints procedure by going to www.gloucestershire.gov.uk/complaints; or

You can talk directly to your councillor. 10 CONTACT DETAILS Gloucestershire Fire and Rescue Service Tri Service Centre,

Waterwells Drive, Quedgeley, Gloucester GL2 2AX

Tel: 01452 888777 Email: fire@glosfire.gov.uk Website: www.glosfire.gov.uk

Gloucestershire Fire & Rescue Service

Enforcement Policy

Fire and Rescue Authority: Appeals, Challenges and Complaints Procedures

In all your dealings with us you can expect an efficient and professional service; and while we aim to carry out all our activities in a way that supports you to provide safety to people in case of fire, we will also help you if you encounter problems or if we get it wrong. We are always willing to discuss why we have acted in a particular way or made particular requirements. If you think we have (in some way) got it wrong for you, we would like to know, and this document tells you how to go about it.

There are two ways you could be unhappy with us helping you to be safe in case of fire; either

1. you don’t think that the safety measures that we have suggested are the right solution for you and

you want to challenge them, or

2. you don’t think that we have treated you in an appropriate way, according to our published service

standards http://www.glosfire.gov.uk/commercialsafety.html and you want to complain

Challenging our advice, actions or decisions

Statutory notices

Where you have been issued with a statutory notice, you can challenge our decisions by following the route to appeal described in the notice. Statutory notices under the Regulatory Reform (Fire Safety) Order 2005 [the Order] include:

Alterations notices,

Enforcement notices, and

Prohibition notices.

Statutory notices under the Health and Safety at Work etc. Act 1974 include:

Improvement notices;

Prohibition notices.

An appeal must be made within a prescribed time limit, usually within 21 days from the day on which the notice was served.

If you are involved in a Primary Authority partnership and we think a statutory notice is appropriate, we will follow the guidance provided for us under Primary Authority.

Gloucestershire Fire & Rescue Service

Enforcement Policy

Determinations by the Secretary of State The Order also provides a route to resolve disputes by referral for determination by the Secretary of State. To bring a dispute to determination, a number of conditions must be met. The conditions for the bringing of a determination are:

1. the parties are agreed that there has been a failure to comply with the Order;

2. there is disagreement between parties about how to rectify the failure; and

3. the parties agree to take the matter to determination.

If any of these conditions are not met, the dispute is not suitable for a determination.

Challenging other advice, actions or decisions

We are always willing to discuss with you why we have acted in a particular way or made particular requirements of you.

In cases other than statutory notices, you can challenge our advice, actions or decisions by following the route to appeal described in the letter, usually by contacting the officer concerned. If your concerns are not adequately addressed your concern can be raised with a senior fire safety officer.

If you are unclear or unhappy about any of our advice or decisions and you are involved in a partnership under the Primary Authority scheme, you should contact your primary authority who can take up the matter on your behalf.

When we are not able to resolve your issues, you can make use of our corporate complaints procedure. You can access this process here http://www.glosfire.gov.uk/contact_ccc_how.html.

If, having used our corporate complaint process, you are still not satisfied you can contact the Local Government Ombudsman (LGO) who may be able to help [http://www.lgo.org.uk/] / Public Services Ombudsman [http://www.ombudsman-wales.org.uk/] / Scottish Public Services Ombudsman [http://www.spso.org.uk/] for England / Wales / Scotland respectively. It is a free service.

Complaining about our service If you have a complaint, the first thing to do is to let us know that you are unhappy by contacting the officer concerned. In most cases, we will be able to address your dissatisfaction so that you don’t feel that you need to take it further. If you do, we manage complaints about our service through our corporate complaints procedure. For further information visit http://www.glosfire.gov.uk/contact_ccc_how.html or telephone 01452 888777 If you are still not satisfied at the end of that process, we will encourage you to contact the Ombudsman and to seek their assistance in the resolution of your concern.