Third Party Certification & Registration Schemes for Fire Risk Assessors

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1 Third Party Certification & Registration Schemes for Fire Risk Assessors Gareth Evans BSc(Hons), FIFireE,.Grad.IOSH IOSH Event 12 th October 2017 Aztec Hotel, Bristol

2 Aim. To provide an overview and facilitate awareness of fire risk assessment services third party certification schemes and approved registers.

3 IFP Journal May The matter of competence of fire risk assessors has become the big issue in fire safety. There is gradual recognition of the value of registration and certification schemes for fire risk assessors, use of third party certificated persons and companies not only provides reassurance to those in need of suitable and sufficient fire risk assessments, but the use of these fire risk assessors may well, one day, assist in establishing a defence of due diligence if things go badly wrong.

4 An independent fire risk assessor has been given a four month jail sentence, suspended for 12 months, and ordered to pay 1,000 costs after 'paying lip service' to assessing a Cheshire care home. A private fire risk assessor has been found guilty of failing to provide an adequate risk assessment to a large Newton Abbot restaurant. Mr S was prosecuted by Devon & Somerset Fire & Rescue Service appearing at Torquay Magistrates Mr S had pleaded guilty was ordered to pay a total in fines and costs of 7,383.

5 A fire safety consultant who gave "valueless" risk assessments has been given a six month suspended sentence and 180 hours of community service.

6 South Wales Fire and Rescue Service said it hoped the conviction would help bring in new rules to regulate the industry. Hold that thought

7 Article 3. The employer The person who has control of the premises, or the owner

8 Article 5 Any duty..shall also be imposed on every person, other than the responsible person.... who has, to any extent, control of those premises so far as the requirements relate to matters within his/her control...if the responsible person is misled by a report produced by a contractor that safety is delivered, when in fact safety is not delivered, the Order provides for the consultant to be liable to prosecution and not the responsible person.

9 Art 32 - (10) Where the commission by any person of an offence under this Order, is due to the act or default of some other person, that other person is guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person. Has the responsible person demonstrated due diligence.. done all that would be reasonable in the circumstances??

10 Q. Please explain article 32(11) in relation to due diligence? A. 32(11) qualifies article 33. In essence a responsible person cannot claim to have taken all reasonable precautions and exercised all due diligence if an offence is due to the act or default of an employee (something they did or something they should have done but did not) or is due to the act or default of a nominated or appointed competent person. In the latter case this is because the onus is on the responsible person to make sure the competent person is indeed competent for the task they have been nominated or appointed for.

11 FSO Article 9 Risk Assessment Must be suitable & sufficient, and carried out by a Competent Person Competent Person sufficient training and experience or knowledge and other qualities to enable him/her to properly carry out the task at hand.

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13 Who is competent to carry out a fire risk assessment?

14 FIRE RISK ASSESSMENT COMPETENCY COUNCIL A Guide to Choosing a Competent Fire Risk Assessor

15 Can I do it myself? Duty holders particularly in small or low-risk premises - may be able to carry out their own fire risk assessment.you need, however, to know your limits.

16 There are two principal methods by which people can demonstrate their competence; Professional Body Registration schemes It is important that the person who carries out the fire risk assessment is competent. Certification by a Certification Body that is UKAS accredited for the activity. (Third Party Certification)

17 It is also important that the company for whom the fire risk assessor works has adequate management systems in place, even if the fire risk assessor is self employed. Competence of a company to deliver fire risk assessments can be demonstrated by third party certification of the company by a UKAS accredited Certification Body.

18 Third Party Certification Scheme or Register? BAFE SP 205 part 1 Life Safety Fire Risk assessments Fire Risk Assessors Certification Scheme (FRACS) Institution of Fire Engineers (IFE) Institute of Fire Safety Managers (IFSM) Institute of Fire Prevention Officers (IFPO)

19 Registers of Assessors

20 IFE Register

21 IFE Register Personal details & CV Qualifications, FRA specific Courses, Experience, Current Employment, CPD Details of FRAs carried out over last 12 months

22 IFE Register Professional Review Interview Registration Periodic Reviews 2-3 yearly

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24 The role of the United Kingdom Accreditation Service (UKAS) is to accredit third party Certification Bodies for the certification work they carry out. UKAS is the national accreditation body recognised by Government for this purpose. UKAS accredit Certification Bodies, against agreed standards, to confirm they are assessing correctly against scheme requirements.

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26 (v) had a suitable and sufficient risk assessment been undertaken the deaths, or some of them, would have been avoided. OF6 It is a fact relevant to the circumstances of the deaths that there was at the time of the fire no statutory requirement as regards the qualifications of persons who provide services in connection with the risk assessment of care homes.

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29 RQIA (NI) Require third party accredited FRAs in all registered premises

30 July 2016, open letter to SWFRS & CSSIW. This could be driven forward across the Principality through the all Wales protocol between the FRS and CSSIW. Limited powers of WG ruling out the need for risk assessors to be accredited.

31 March South Wales Fire and Rescue Service said it hoped the conviction would help bring in new rules to regulate the industry.

32 Regulatory Review Group The Scottish Government should introduce a requirement for third party fire risk assessors to be certificated or registered to ensure competency and to help businesses receive a satisfactory and consistent service. This could in the first instance focus on those offering assessments/assessors working in high risk sectors, states the review.

33 Third party Certification Reference to the value of third party accreditation schemes is prominent throughout the fire safety sector. For example:- Section 8 of all HMG FSO guides Throughout ADB of Building Regulations Purpose built flats guide and draft specialised housing DoH HTM Managing Healthcare Fire Safety

34 3 rd July 2007

35 5.7.2 Areas for consideration Consideration should be given to conducting a review as to how the responsible person under the FSO can be assured that their assessment of risk is suitable and sufficient, particularly where the premises is of higher risk. This assurance is particularly important where the RP may be relying on using someone else to undertake the risk assessment

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40 FSO Guides section 8 Third-party quality assurance can offer comfort, both as a means of satisfying you that goods and services you have purchased are fit for purpose, and as a means of demonstrating that you have complied with the law.

41 Third party certification schemes for fire protection products and related services are an effective means of providing the fullest possible assurances, offering a level of quality, reliability and safety

42 Section 53 Third-Party Certification Third-party certification schemes for fire protection products and related services are an effective means of providing the fullest possible assurances, offering a level of quality, reliability and safety that noncertificated products may lack.

43 SHG Section 73 Third Party Certification.. the use of firms that are third party certificated by a UKAS-accredited certification body is strongly recommended.

44 5.21 Users of this Health Technical Memorandum are advised to consider the benefit of third-party certification. Users seeking assistance in identifying appropriate conformity assessment bodies or schemes should contact UKAS for advice and further information.

45 Third-Party Certification is evidence that a service or product adheres to certain standards. An independent expert, the third party, has assessed the service or product and certified that it complies with those standards.

46 The certificated organisation is permitted to claim compliance with the scheme, display copies of their certificate and, in most cases, display the logos of the scheme and the certification body.

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48 Depending on the scheme, the certificated organisation will also issue certificates of conformity for the product/service they provide, such as a complete fire risk assessment.

49 In the UK, the United Kingdom Accreditation Service (UKAS) validates the authority of the certification body. It is an internationally recognised organisation appointed by the government to accredit certification bodies and the schemes they deliver.

50 Under the criteria and other than in the case of simple, low risk premises, fire risk assessors would need to show evidence of specialist training and experience, or membership of a professional body, or certification by a third party certification body. The certified assessor must show appropriate knowledge of

51 The assessment of risk from fire (appendix A) Applicable legislation (appendix B) Appropriate guidance (appendix C) Behaviour of fire in premises (appendix D) Effects of fire on people and behaviour of people in fire situations (appendix E) Means of escape (appendix F) Fire prevention (appendix G) Fire protection (appendix H includes passive and active) Management of fire safety (appendix I)

52 BAFE BAFE is the independent, third party certification registration organisation for the fire protection industry, bringing the benefits of third party certificated quality fire protection companies to the responsible customer. completely independent totally unbiased party to help competent companies and people in need of fire protection services find each other. Registering companies across the UK, both large nationals and smaller regional businesses who have all achieved the same high quality standards.

53 Ultimate responsibility for the adequacy of the fire risk assessment under the RRO rests with the responsible person rather than with the fire risk assessor. However there has been enforcement action taken against Fire Risk Assessors if the responsible person has been considered to have taken all reasonable steps when appointing an assessor, but the assessor has been proved not to be competent. BAFE SP205 recognises the importance of providing fire risk assessments that comply with an acceptable set of criteria.

54 NSI Gold BAFE SP205 part 1, life safety fire risk assessment The process...fraqs123 THE NSI QUALITY SCHEDULE FOR THE APPLICATION OF BS EN ISO 9001:2015 TO THE NSI LIFE SAFETY FIRE RISK ASSESSMENT CERTIFICATION SCHEME. Initial application and fee payment...audit of documented Fire Risk Assessments of ALL organisations fire risk assessors.. Initial 2 day physical audit of ISO 9001 systems, scrutiny of all policies and procedures required to attain certification.

55 All of the above in addition to the ISO 9001 requirements.

56 Then, the Certification body carry out direct end to end observation audits of the organisations fire risk assessors and Validator. Assessor competency requirements being a foundation element. From arriving on site right through to production of report and document issue. After initial audit, assessors are audited every 6 months and office based surveillance audits 6-12 monthly.

57 ALL FRAs produced by the certificated Organisation must be Validated*. Also subject to audit reports on 10% of all high risk FRAs Validator also carries out direct observation audits of all assessors at least 6 monthly *The Validator is a named person with the competencies of a fire risk assessor and who has the responsibility and delegated authority to validate documented fire risk assessments on behalf of the Certificated Organisation.

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59 Audit objectives: To conduct a Surveillance Audit to determine continued conformity of the Company s Quality Management System with BS EN ISO 9001 and verify compliance with the product standards listed under the audit criteria. To evaluate the continued effectiveness of the Management System in meeting the Company s specified objectives. To identify as applicable, areas for potential improvement.

60 Audit criteria: To verify conformity with the requirements of BAFE SP205-1 Version 4a July 2015 and NSI Quality Schedule FRAQS123, iss3, June 2014 Report distribution: Improvement Needs and Improvement Observation Reports entered onto the NSI System. Cost to certified organisation - around 2200 per year

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65 Moving forward, raising standards Actively encourage risk assessors both Companies and Individuals to seek recognised Third Party Certification/Registration Refer RPs to where guidance on competency of risk assessors may be found

66 Moving forward, raising standards Was the FRA suitable and sufficient? We already have an example of where it clearly was not.

67 Aim. To provide an overview and facilitate awareness of fire risk assessment services third party certification schemes and approved registers.

68 Questions?

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70 Thank you