Consultation Arrangements & Joint Protocols

Fire Protection Policy
Consultation Arrangements & Joint Protocols
West Yorkshire Fire & Rescue Service
Oakroyd Hall
Birkenshaw
Bradford
BD11 2DY
Date Issued: / 01/10/2012 / Review Date: / 03/10/2014 /
Ref: / FS-POL006 / Version: 2.0 /

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Consultation Arrangements & Joint Protocols

1.Policy

1.1The prime responsibility for ‘general fire precautions’ in places other than domestic dwellings rests with this Authority. In some cases, other enforcing authorities may have responsibilities for certain fire precautions under more specific legislation. In such cases, we will have effective and agreed consultation procedures with those relevant statutory authorities. The agreed consultation procedures will be made available on the intranet.

1.2The majority of the statutory and non-statutory consultations, with the exception of enforcement work carried out under the Fire Safety Order, will be the responsibility of the Fire Engineering, Planning & Licensing Team (see Policy No. 17 for full details).

1.3Officers of the Authority will only disclose information in accordance with the requirements imposed in Freedom of Information and Data Protection Act 1998 and the Environmental Information Regulations 2004.

1.4Owing to the overlap of certain responsibilities for fire precautions the Authority will establish and maintain close links with the authorities enforcing the provisions of the Health & Safety at Work etc. Act 1974.

1.5Through effective consultation with ‘building control bodies’ the Authority will ensure that buildings are adequately protected from the effects of fire as required by the Building Regulations. In order to facilitate the consultation process the ‘building control body’ will take the co-ordinating role with this Authority and, where appropriate, with other regulatory bodies. Any recommendations and advice given will be channelled through the ‘building control body’ to the applicant. Consultations will comply with the current national ‘DCLG – Building Regulations & Fire Safety Procedural Guidance’ document.

1.6Once a building is occupied and in use the Authority will take over the co-ordinating role where it has enforcement powers for general fire safety matters.

1.7When considering the fire safety provisions for the building in use Officers will have regard to the risk assessments that were undertaken as part of the design and approvals processes and the building control body’s completion or final certificate. Additional fire safety arrangements should only become necessary because of factors identified on occupation of the building that were not made known, or were unknown, at the time of the building regulation approval and consultation process.

1.8The Authority and its Officers will actively promote and recommend the installation of Automatic Water Suppression Systems (AWSS) in all premises where their inclusion will support our aim of ‘Making West Yorkshire Safer’. We will work to achieve a greater acceptance of the benefits of AWSS at national and local level.

1.9Before serving an enforcement notice under the Regulatory Reform (Fire Safety) Order 2005 which would oblige a person to make an alteration to premises, the Authority will consult fully in accordance with article 30(5).

1.10Licensing and registration authorities will also consult the Authority about fire safety matters concerning premises that need to be licensed or registered. We will where necessary ensure through effective consultation with those authorities that the premises to be licensed or registered are adequately protected from the effects of fire. Consultation procedures will be carried out in accordance with agreed ‘Joint protocols’. These documents can be found on the Intranet.

1.11Consultation arrangements and ‘Joint Protocols’ will be applied consistently throughout West Yorkshire. National guidance and agreements will be adopted where they exist.

1.12Our management strategy for consultations will be in accordance with the principles of better regulation set out in the Statutory Code of Compliance for Regulators, and the Enforcement Concordat.

1.13The Authority actively supports the principle of Lead Fire Authority Partnership Schemes (LFAPS), Retail and Fire Key Authority Partnership (RAFKAP) and Primary Authority Schemes (PAS) as means of promoting consistency of enforcement among organisations with multiple premises in different brigade areas.

1.14Officers will liaise with the relevant LFAPS, RAFKAP or PAS:

  • Before taking formal enforcement action, i.e. issuing notices or considering prosecution against a participating organisation, except in the case of immediate danger;
  • After serving a prohibition notice;
  • When significant shortcomings are identified in a participating organisation’s agreed policies or procedures which the EA believe ought to be challenged at a national level;
  • Following any on-site investigation of any death, major injury or dangerous occurrence.

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