Fire Safety Inspector
Encyclopedia
In the United Kingdom
a Fire Safety Inspector (also known as Fire Officer or Fire Safety Officer
) is a public law enforcement officer responsible for the enforcement fire safety legislation in the United Kingdom.
As Public Law Enforcement officers, Fire Inspectors are duty bound, by law, to enforce fire safety legislation in the name of the Chief Fire Officer and the Chair of the Fire Rescue Authority of the Fire & Rescue Authority they are employed by, for the protection of members of the general public.
In turn the Chief Fire Officer discharges power of authority by order of a Secretary of State (In England and Wales) or their equivalent in Scotland and Northern Ireland.
There are three distinct sets of legislation covering all four countries within the United Kingdom. They are:-
The primary pieces of legislations are:
Fire Authorities also receive official Authority from the Licensing Act 2003
, and Fireworks Act 2003.
Most routine inspections result in minor failings being found and this is normally dealt with by a report which asks for the deficiencies to addressed within a certain timescale. More serious cases however may warrant that immediate action is taken to reduce the risk to building occupants. In some cases the buildings may be closed or the use of the building restricted because of a deemed risk to public and building occupant's safety.
Inspectors also have powers investigate the commission of an offence, and where a person or organisation is suspected of committing an offence which has specifically put persons at imminent risk of injury or death those persons or organisations are usually prosecuted.
All suspects are cautioned and invited to attend a "PACE Interview". A PACE interview is a taped interview, under the provisions of Code E issued under the Police and Criminal Evidence Act 1984
, where suspects are placed under caution
and asked questions pertinent to the investigation. Transcripts of the interview can then be used in court.
Enforcing Authorities
Different organisations enforce fire safety legislation depending on the nature of the premises. They are defined as 'Enforcing Authorities', and are;
1. A Fire and Rescue Authority. They enforce all premises within their area, with exception of any premises that falls within the scope of the following enforcing authorities.
2. The Health and Safety Executive (HSE). are the Enforcing Authority for the following premises.
(i) a premises licensed under section 1 of the Nuclear Installations Act 1965 (except Crown)
(ii)A royal Navy ship under repair, construction, conversion. by any person other than the master or crew of that ship.
(iii) A construction site/ Building under reconstruction as a whole. (Note; if the premises is partly occupied, the enforcing authority will default to another applicable
Enforcing Authority.
3. Fire Service Maintained by the Secretary of Defence (the MOD Fire Service). all armed forces premises except 2(ii) above.
4. the Local Authority. Sports Stadia/Stands
5. A ′′′Fire Inspector′′′. any premises owned or occupied by The Crown.
Note: There is a distinct difference between an 'Inspector' and a 'Fire Inspector'.
1. 'Inspector' is a person appointed by one of the first 4 authorities listed above, and are appointed to enable that Authority (as an entity) to discharge its duties under the order. Therefore any 'Notice' issued by an Inspector on a premises, is done so in the name of that authority.
2. Although in law a 'Fire Inspector' is a person appointed directly by the secretary of state to enforce fire safety standards in crown premises and is as such a person appointed as an 'Enforcing Authority' in their own right, the term Fire Inspector refers more widely to any Inspector whom enforces fire safety legislation.
Some Fire & Rescue Services employ Inspectors who have not had firefighting experience, but instead have experience in Fire Safety related fields in employment outside of the Fire Service.
A Fire Investigator however has no powers to enforce legislation, so their role is to provide evidence for Fire Inspectors to take forward.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
a Fire Safety Inspector (also known as Fire Officer or Fire Safety Officer
Fire Safety Officer
In the United Kingdom Fire and Rescue Service a Fire Safety Officer is a firefighter who has attained the rank of Sub-Officer or above, and transferred from front line operational service into the Fire Safety Department.The term "Fire Officer" may also refer to a Fire Safety Inspector who is of...
) is a public law enforcement officer responsible for the enforcement fire safety legislation in the United Kingdom.
As Public Law Enforcement officers, Fire Inspectors are duty bound, by law, to enforce fire safety legislation in the name of the Chief Fire Officer and the Chair of the Fire Rescue Authority of the Fire & Rescue Authority they are employed by, for the protection of members of the general public.
In turn the Chief Fire Officer discharges power of authority by order of a Secretary of State (In England and Wales) or their equivalent in Scotland and Northern Ireland.
There are three distinct sets of legislation covering all four countries within the United Kingdom. They are:-
- The Regulatory Reform (Fire Safety) Order 2005 & Fire & Rescue Services Act 2004 (England & Wales)
- The Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006 (Scotland)
- The Fire and Rescue Services (NI) Order 2006 (Northern Ireland)
Background
Fire Authorities powers are derived from several pieces of legislation. Fire Authorities are also known as Approved Inspectors under the Health & Safety at Work etc Act 1974 as "Inspectors of Health and Safety".The primary pieces of legislations are:
- Fire and Rescue Services Act 2004Fire and Rescue Services Act 2004The Fire and Rescue Services Act 2004 is an Act of the Parliament of the United Kingdom.It came into effect on 1 October 2004. It only applies to Great Britain and most provisions apply only in England and Wales...
- Regulatory Reform (Fire Safety) Order 2005Regulatory Reform (Fire Safety) Order 2005The Regulatory Reform Order 2005 is a statutory instrument which places the onus on individuals within an organisation to carry out risk assessments to identify, manage and reduce the risk of fire....
Fire Authorities also receive official Authority from the Licensing Act 2003
Licensing Act 2003
The Licensing Act of 2003 is an Act of the Parliament of the United Kingdom that applies only to England and Wales. The Act establishes a single integrated scheme for licensing premises which are used for the sale or supply of alcohol, to provide regulated entertainment, or to provide late night...
, and Fireworks Act 2003.
Enforcement
Inspectors have powers to enter premises for the purposes of undertaking routine fire safety inspections. They can also close (prohibit) or restrict the use of unsafe buildings, issue other legal notices which enforce compliance with current fire safety legislation. Failure to comply with a notice is a ordinarily a criminal offence.Most routine inspections result in minor failings being found and this is normally dealt with by a report which asks for the deficiencies to addressed within a certain timescale. More serious cases however may warrant that immediate action is taken to reduce the risk to building occupants. In some cases the buildings may be closed or the use of the building restricted because of a deemed risk to public and building occupant's safety.
Inspectors also have powers investigate the commission of an offence, and where a person or organisation is suspected of committing an offence which has specifically put persons at imminent risk of injury or death those persons or organisations are usually prosecuted.
All suspects are cautioned and invited to attend a "PACE Interview". A PACE interview is a taped interview, under the provisions of Code E issued under the Police and Criminal Evidence Act 1984
Police and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, as well as providing codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary...
, where suspects are placed under caution
Right to silence in England and Wales
The right to silence in England and Wales is the protection given to a person during criminal proceedings from adverse consequences of remaining silent. It is sometimes referred to as the privilege against self-incrimination...
and asked questions pertinent to the investigation. Transcripts of the interview can then be used in court.
Enforcing Authorities
Different organisations enforce fire safety legislation depending on the nature of the premises. They are defined as 'Enforcing Authorities', and are;
1. A Fire and Rescue Authority. They enforce all premises within their area, with exception of any premises that falls within the scope of the following enforcing authorities.
2. The Health and Safety Executive (HSE). are the Enforcing Authority for the following premises.
(i) a premises licensed under section 1 of the Nuclear Installations Act 1965 (except Crown)
(ii)A royal Navy ship under repair, construction, conversion. by any person other than the master or crew of that ship.
(iii) A construction site/ Building under reconstruction as a whole. (Note; if the premises is partly occupied, the enforcing authority will default to another applicable
Enforcing Authority.
3. Fire Service Maintained by the Secretary of Defence (the MOD Fire Service). all armed forces premises except 2(ii) above.
4. the Local Authority. Sports Stadia/Stands
5. A ′′′Fire Inspector′′′. any premises owned or occupied by The Crown.
Note: There is a distinct difference between an 'Inspector' and a 'Fire Inspector'.
1. 'Inspector' is a person appointed by one of the first 4 authorities listed above, and are appointed to enable that Authority (as an entity) to discharge its duties under the order. Therefore any 'Notice' issued by an Inspector on a premises, is done so in the name of that authority.
2. Although in law a 'Fire Inspector' is a person appointed directly by the secretary of state to enforce fire safety standards in crown premises and is as such a person appointed as an 'Enforcing Authority' in their own right, the term Fire Inspector refers more widely to any Inspector whom enforces fire safety legislation.
Background
Most Fire Safety Inspectors are uniformed officers and are Professional Firefighters whom have transferred from front line service into the Fire Safety Department of the Fire & Rescue Service in which they work. Most Inspectors are of Watch Commander / Watch Manager rank or above.Some Fire & Rescue Services employ Inspectors who have not had firefighting experience, but instead have experience in Fire Safety related fields in employment outside of the Fire Service.
Confusion over the role with Fire Investigators
Fire Safety Inspectors undertake criminal investigations. They do not however investigate how a fire may have started. Whilst the cause of a fire may be pivotal to any criminal proceedings taken by Inspectors the actual job of establishing the cause of the fire is often very technical and requires the expert knowledge of a Fire Investigator.A Fire Investigator however has no powers to enforce legislation, so their role is to provide evidence for Fire Inspectors to take forward.