Fire service enforcement policy - service order 6

Advice and guidance

We regard prevention as better than cure. We will:

  • aim to secure compliance, avoiding bureaucracy or imposing excessive cost
  • seek to work with the regulated entity to support and encourage economic progress.  We will do this by offering information and advice to those we regulate
  • encourage individuals, businesses and other undertakings to:
    • put safety first
    • integrate fire prevention and fire protection requirements into normal working methods

Under section 6 of the Fire and Rescue Services Act 2004 we will, to the extent that we consider it reasonable to do so, make arrangements:

(a)  to prevent fires and death or injury by fire we will provide:

  • information
  • publicity
  • encouragement regarding the steps to be taken

(b)  for the provision of advice, on request, about:

  • how to prevent fires and restrict their spread in buildings and other property
  • the means of escape from buildings and other property in case of fire

In exercising its duty to provide advice and information, we will not:

  • Undertake fire risk assessments for regulated persons.
  • Appear in court on behalf of regulated persons under health and safety or fire safety legislation.  This includes any prosecution brought by a third party including another enforcing authority.  We will attend as an expert or neutral witness to give general mitigating evidence.
  • Draft fire safety policies and procedures on behalf of regulated persons. It is incumbent upon regulated persons to comply with fire safety legislation.
  • Act as a consultant on fire safety related issues other than:
    • as required to meet statutory consultation requirements imposed on other bodies and persons
    • where it is in the public interest and appropriate to the functions of a best value authority

Our officers will seek to provide advice appropriate to the premises and their use.  They will refer to nationally recognised guidance and standards.

We will not automatically take formal enforcement action where a regulated entity seeks advice or guidance about:

  • correcting fire safety deficiencies or
  • complying with the law

Should enforcement action be necessary, it will be based on the HSE’s Enforcement Management Model (EMM).  This model is considered to be national best practice.

We would prefer to advise and guide than serve notices or prosecute.  We must reserve the right to act in the public interest according to the circumstances of the case.