ARRANGEMENT OF REGULATIONS

PART I

PRELIMINARY
1. Citation, commencement and extent

2. Interpretation

PART II

FIRE PRECAUTIONS IN THE WORKPLACE
3. Application of Part II

4. Fire-fighting and fire detection

5. Emergency routes and exits

6. Maintenance

PART III

Revoked by Regulation 29 of the
The Management of Health and Safety at Work Regulations 1999
Statutory Instrument 1999 No. 3242

PART IV

ENFORCEMENT AND OFFENCES
9. Disapplication of the 1974 Act

9A Civil liability for breach of statutory duty

10. Enforcement

11. Serious cases: offence

12. Serious cases: prohibition notices

13. Serious cases: enforcement notices

14. Enforcement notices: rights of appeal

15. Enforcement notices: offence

16. Enforcement orders (This section has been removed)

PART V

.FURTHER, CONSEQUENTIAL AND MISCELLANEOUS PROVISIONS

17. Application of the 1971 Act

18. Application to the Crown

19. Application to visiting forces, etc.

20. Application to premises occupied by the UK Atomic Energy Authority

21. Employee consultation

22. Disapplication of section 9A of the 1971 Act

The Secretary of State, being designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the minimum health and safety requirements for the workplace that relate to fire safety, in exercise of the powers conferred by that section and by sections 35, 40(8) and 43(1) of the Fire Precautions Act 1971 and of all other powers enabling him in that behalf, hereby makes the following Regulations:

PART I

PRELIMINARY

Citation, commencement and extent
1. - (1) These Regulations may be cited as the Fire Precautions (Workplace) Regulations 1997 and shall come into force on 1st December 1997.

(2) These Regulations extend to Great Britain.

Interpretation
2. - (1) In these Regulations, unless the context otherwise requires -

"the 1971 Act" means the Fire Precautions Act 1971;

"the 1974 Act" means the Health and Safety at Work etc. Act 1974;

"the 1999 Management Regulations" means the Management of Health and Safety at Work Regulations 1999;

"domestic premises" has the meaning given to it by section 53(1) of the 1974 Act;

"employee" means a person who is or is treated as an employee for the purposes of the 1999 Management Regulations;

"employer" means a person who is or is treated as an employer for the purposes of the 1999 Management Regulations;

(a) any vehicle, vessel, aircraft or hovercraft;

(b) any installation on land (including the foreshore and other land intermittently covered by water), any offshore installation, and any other installation (whether floating, or resting on the seabed or the subsoil thereof, or resting on other land covered with water or the subsoil thereof), and

(c) any tent or movable structure;

(a) any place within the premises to which such employee has access while at work; and

(b) any room, lobby, corridor, staircase, road or other place -


(i) used as a means of access to or egress from that place of work; or

(ii) where facilities are provided for use in connection with that place of work, other than a public road; and

(a) a numbered regulation is a reference to the regulation in these Regulations so numbered;

(b) a numbered paragraph is a reference to the paragraph in the regulation in which the reference appears; and

(c) a numbered sub-paragraph is a reference to the sub-paragraph in the paragraph in which the reference appears.

(a) the maintenance or repair of any workplace; or

(b) the safety of any workplace,

(d) any workplace which is or is on a construction site within the meaning of regulation 2(1) of the Construction (Health, Safety and Welfare) Regulations 1996 and to which those Regulations apply;

(e) any workplace which is or is in or on a ship within the meaning of section 313(1) of the Merchant Shipping Act 1995 other than a ship which is-


(i) in the course of construction; or

(ii) in the course of repair by persons who include persons other than the master and crew of the ship;

(g) any workplace which forms part of a mine, other than any building on the surface at a mine;

(h) any workplace which is or is in or on an offshore installation within the meaning of regulation 3 of the Offshore Installations and Pipelines Works (Management and Administration) Regulations 1995;

(i) any workplace which is or is in or on an aircraft, locomotive or rolling stock, trailer or semi-trailer used as a means of transport or a vehicle for which a licence is in force under the Vehicle Excise and Registration Act 1994 or a vehicle exempted from duty under that Act; and

(j) any workplace which is in fields, woods or other land forming part of an agricultural or forestry undertaking but which is not inside a building and is situated away from the undertaking's main buildings.

(a) any member of the armed forces of the Crown or of any visiting force (within the meaning of regulation 19);

(b) any constable or any member of a police force not being a constable; or

(c) any member of any emergency service, from carrying out their duties.

(a) a workplace shall, to the extent that is appropriate, be equipped with appropriate fire-fighting equipment and with fire detectors and alarms; and

(b) any non-automatic fire-fighting equipment so provided shall be easily accessible, simple to use and indicated by signs,

(a) take measures for fire-fighting in the workplace, adapted to the nature of the activities carried on there and the size of his undertaking and of the workplace concerned and taking into account persons other than his employees who may be present;

(b) nominate employees to implement those measures and ensure that the number of such employees, their training and the equipment available to them are adequate, taking into account the size of, and the specific hazards involved in, the workplace concerned; and

(c) arrange any necessary contacts with external emergency services, particularly as regards rescue work and fire-fighting.

(a) emergency routes and exits shall lead as directly as possible to a place of safety;

(b) in the event of danger, it must be possible for employees to evacuate the workplace quickly and as safely as possible;

(c) the number, distribution and dimensions of emergency routes and exits shall be adequate having regard to the use, equipment and dimensions of the workplace and the maximum number of persons that may be present there at any one time;

(d) emergency doors shall open in the direction of escape;

(e) sliding or revolving doors shall not be used for exits specifically intended as emergency exits;

(f) emergency doors shall not be so locked or fastened that they cannot be easily and immediately opened by any person who may require to use them in an emergency;

(g) emergency routes and exits must be indicated by signs; and

(h) emergency routes and exits requiring illumination shall be provided with emergency lighting of adequate intensity in the case of failure of their normal lighting.

Maintenance
6. Where necessary in order to safeguard the safety of employees in case of fire, the workplace and any equipment and devices provided in respect of the workplace under regulations 4 and 5 shall be subject to a suitable system of maintenance and be maintained in an efficient state, in efficient working order and in good repair.

PART III AMENDMENT OF THE MANAGEMENT OF HEALTH AND SAFETY AT WORK REGULATIONS 1992

Revoked by Regulation 29 of the
The Management of Health and Safety at Work Regulations 1999
Statutory Instrument 1999 No. 3242

PART IV ENFORCEMENT AND OFFENCES

Disapplication of the 1974 Act
9. - (1) For the purposes of sections 16 to 24, 26, 28, 33 to 40, 42, 46 and 47 of the 1974 Act, the provisions of the workplace fire precautions legislation shall be deemed (to the extent they would otherwise be so regarded) not to be provisions forming part of the relevant statutory provisions.

(2) In these Regulations "the workplace fire precautions legislation" means -

(a) Part II of these Regulations except in so far as that Part applies to-


(i) any workplace which is or is in or on a ship within the meaning of section 313(1) of the Merchant Shipping Act 1995 when such a ship is in the course of construction or is in the course of repair by persons who include persons other than the master and crew of the ship;

(ii) any workplace, other than a building on the surface at a mine, to the extent that it comprises premises of a description specified in Part I of Schedule 1 to the Fire Certificates (Special Premises) Regulations 1976; and

(b) regulations 1 to 5, 7 to 12 and 13(2) and (3) of the 1999 Management Regulations and regulations 1 to 6, 8, 9 and 11 of the Dangerous Substances and Explosive Atmospheres Regulations 2002, in so far as those regulations -

(i) impose requirements concerning general fire precautions to be taken or observed by an employer; and
(ii) have effect in relation to a workplace in Great Britain other than -

(a) an excepted workplace, or
(b) any workplace referred to in paragraphs (i) and (ii) of paragraph (2)(a), other than a building on the surface at a mine,

and for this purpose "general fire precautions" means measures which are to be taken or observed in relation to the risk to the safety of employees in case of fire in a workplace, other than any special precautions in connection with the carrying on of any manufacturing process.

2A - Notwithstanding that the provisions of Part II of these Regulations are not provisions forming part of the relevant statutory provisions, the provisions of Part II shall, in so far as they apply to any workplace referred to in paragraphs (i) and (ii) of paragraph (2)(a) other than a building on the surface at a mine, be deemed to be health and safety regulations for the purposes of sections 16 to 24, 26, 28, 33 to 40, 42, 46 and 47 of the 1974 Act.

(3) In this regulation "health and safety regulations" and "the relevant statutory provisions" have the meanings given to them by the 1974 Act.

Civil liability for breach of statutory duty
9A. - (1) Subject to paragraph (2), and notwithstanding section 86 of the Fires Prevention (Metropolis) Act 1774, breach of a duty imposed on an employer by the workplace fire precautions legislation shall, so far as it causes damage, confer a right of action in civil proceedings.

(2) Breach of a duty imposed on an employer by the workplace fire precautions legislation shall not confer a right of action in civil proceedings insofar as that duty applies for the protection of persons not in his employment.

Enforcement
10. - (1) It shall be the duty of every fire authority to enforce within their area the workplace fire precautions legislation.

(2) A fire authority may perform their functions under these Regulations through inspectors appointed by them pursuant to section 18(1) of the 1971 Act.

(6) In sections 24 and 33(1) of the Fire Services Act 1947 (which authorise the appointment of inspectors and the holding of inquiries for obtaining information as to the performance by fire authorities of their functions under that Act) the references to that Act shall be read as including references to these Regulations.

(7) Nothing in this regulation shall be taken to authorise a fire authority in Scotland to institute proceedings for any offence.

Serious cases: offence
11. - (1) A person shall be guilty of an offence if -

(a) being under a requirement to do so, he fails to comply with any provision of the workplace fire precautions legislation; and

(b) that failure places one or more employees at risk of death or serious injury in case of fire.; and

(a) on summary conviction to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment, to a fine, or to imprisonment for a term not exceeding two years, or both.

(a) tents and other movable structures (other than vessels);

(b) places of work in the open air; and

(c) vessels remaining moored or remaining on dry land,

(a) a person, being under an obligation to do so, has failed to comply with any provision of the workplace fire precautions legislation in respect of a workplace, or employees who work in a workplace, situated in the area for which they perform the functions of fire authority;

(i) states that they are of that opinion and why;

(ii) specifies what steps they consider are necessaryto remedy that failure;

(iii) requires that person to take steps to remedy the failure within such period from the date of service of the notice (not being less than 21 days) as may be specified in the notice; and

(iv) explains how, where, within what period and on what grounds an appeal may be brought against the enforcement notice

(a) such persons as they would have been required to consult under section 17 of the 1971 Act (duty of fire authorities to consult other authorities before requiring alterations to buildings) if the proposed enforcement notice had been an improvement notice proposed to be issued under section 9D of that Act; and

(aa) in the case of a building or structure in England or Wales in relation to all or any part of which an initial notice given under section 47 of the Building Act 1984 is in force, the approved inspector who gave that initial notice

(ab) in the case of a workplace which is, includes or forms part of-


(i) a designated sports ground, or

(ii) a sports ground at which there is a regulated stand, the local authority, and in this sub-paragraph "sports ground","designated sports ground" and "local authority" have the same meaning as in the Safety of Sports Grounds Act 1975 and "regulated stand" has the same meaning asin the Fire Safety and Safety of Places of Sport Act 1987;"; and

(b) any other person whose consent to the alteration would be required by or under any enactment.

(a) the fire authority may withdraw the notice at any time before the end of the period specified in the notice; and

(b) if an appeal against the notice is not pending, the fire authority may extend or further extend the period specified in the notice.

(a) in England and Wales, a magistrates' court acting for the petty sessions area in which any relevant workplace is situated; and

(b) in Scotland, the sheriff within whose jurisdiction any relevant workplace is situated,

(a) on summary conviction to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment, to a fine, or to imprisonment for a term not exceeding two years, or both.

(a) the requirements of the workplace fire precautions legislation were requirements of regulations made under section 12 of that Act; and

(b) any reference (however expressed) in those sections to -


(i) "premises" included a reference to a workplace,other than an excepted workplace;

(ii) premises to which regulations made under section 12 of that Act apply included a reference to a workplace in connection with which obligations are imposed by the workplace fire precautions legislation;

(iii) an "owner" or "occupier" of premises included a reference to an employer or other person on whom obligations are imposed under the workplace fire precautions legislation in respect of a workplace; and

(iv) the 1971 Act included a reference to the workplace fire precautions legislation.

(a) section 16 shall have effect as if the references therein to "a designated use" included a reference to use as a workplace to which Part II of these Regulations applies;

(b) section 22(1) shall have effect as if paragraphs (a) and (b) were omitted;

(c) section 25 shall only have effect in connection with sections 21 and 22(1) of the 1971 Act as applied by this regulation; and

(d) section 43 shall have effect only for the purposes of the provisions of the 1971 Act applied by this regulation.

"Disapplication of safety certificates for sports grounds" 17A. A safety certificate issued under the Safety of Sports Grounds Act 1975 or under Part III of the Fire Safety and Safety of Places of Sport Act 1987 shall not have effect to the extent that it would require a person to contravene any provision of the workplace fire precautions legislation.

(6) Insofar as Part II of these Regulations contains any provision which is made under the 1971 Act, section 27A(a) of the 1971 Act shall not apply in respect of any contravention of such provision.

Application to the Crown
18. - (1) Subject to paragraphs (2) to (7), these Regulations, other than regulations 10, 11 and 13 to 15, shall bind the Crown.

(2) Section 10 of the 1971 Act, to the extent it is extended by regulation 12, shall only bind the Crown in so far as it applies to premises and workplaces owned by the Crown but not occupied by it.

(3) Regulation 17 shall only bind the Crown to the extent that it applies sections 19, 21 and 32 of the 1971 Act and then only in so far as those sections apply to premises and workplaces owned by the Crown but not occupied by it.

(4) To the extent that they apply to the Crown, these Regulations, together with any provision of the 1971 Act applied by these Regulations, shall have effect with the substitution, for any reference to a fire authority, of -

(a) in the case of workplaces occupied solely for the purposes of the armed forces of the Crown, a reference to the fire service maintained by the Secretary of State for Defence; and

(b) in any other case, a reference to a fire inspector or any person authorised by the Secretary of State to act for the purposes of this regulation.

(a) the occupation of any premises by the Corporate Officer of the House of Lords for the purposes of that House, by the Corporate Officer of the House of Commons for the purpose of that House, or by those Corporate Officers acting jointly for the purposes of both Houses shall be regarded as occupation by the Crown; and

(b) any premises in which either or both of those Corporate Officers has or have an interest which is that of an owner shall be regarded as premises owned by the Crown.

(a) only to the extent that they apply to the Crown; and

(b) with the substitution, for any reference in these Regulations (and in any provision of the 1971 Act applied by these Regulations) to a fire authority, of a reference to the fire service maintained by the Secretary of State for Defence.

(a) for any reference to a fire authority in these Regulations (and in any provision of the 1971 Act applied by these Regulations) there shall be substituted a reference to a fire inspector (within the meaning of regulation 18(6)) or any person authorised by the Secretary of State to act for the purposes of this regulation; and

(b) for the reference in section 20(1) of the 1971 Act as applied by regulation 17 to an officer of the fire brigade maintained by the fire authority there shall be substituted a reference to any person.