Terms & Conditons
TERMS AND CONDITIONS – FIRE RISK ASSESSMENT
1. INTRODUCTION
In England and Wales, Scotland and Northern Ireland there are duties on those responsible for most types of non-domestic premises to make an assessment of the risk to people from fire and implement suitable general fire precautions to minimise the risk to those people. Often the duty holders do not have a clear understanding of their legal responsibilities or knowledge of fire safety matters. Not unreasonably, in this situation they turn to a commercial fire risk assessment organization for professional help. The client may have expectations of the scope of the work greater or less than that envisaged by the supplier (fire risk assessment company).
Misunderstandings about the scope of work carried out could result in costly commercial disputes or even the client being innocently lead into contravening fire safety legislation.
This scope of services is used to maintain a high standard of quality, competency and ethics when submitting a fee proposal for an assessment of life safety provisions to satisfy the requirements of the applicable fire safety legislation. The purpose of this scope of services is to clearly indicate to the client the scope of assessment they are being offered.
This document is, in effect, a specification concerned with the technical aspects of the supply of services. It does not concern itself with the commercial aspects of a contract which are specified in the Terms and Conditions of purchase and/or sale.
In the following sections of this document all roman text is normative, a requirement, whereas italic text is informative and places no specific requirement on either the supplier or the client.
2. DEFINITIONS
The definitions and interpretations listed below shall apply.
2.1. Client: the organization indicated in the schedule.
2.2. Document: includes, in addition to any document in writing, any drawing, map, plan, diagram, design, picture or other image, tape, disk or other device or record embodying information in any form.
2.3. Services: the services to be provided by the supplier to the client.
2.4. Supplier: the organization indicated in the schedule.
2.5. Significant findings: Significant hazards and risks to persons that were found by the assessment; precautions already in place to protect persons from fire; and preventive and protective measures (i.e. general fire precautions or fire safety measures) that will be taken to address the hazards and risks identified by the risk assessment.
2.6. Site representative: Individual nominated by the client to assist the fire risk assessor.
2.7. Supplier's Representative: the supplier's manager for the services.
2.8. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
3. SCOPE
3.1. Life Safety
3.1.1. The supplier will carry out a fire risk assessment to meet the requirements of relevant national life safety legislation. The supplier will inspect the site, discuss fire safety provisions with on- site staff and prepare a risk assessment report.
3.1.2. The fire risk assessment report will detail the significant findings of the assessment. Where necessary, the report will provide recommendations for additional measures the assessor deems necessary to reduce or maintain risk from fire at a tolerable level.
3.1.3. As part of the requirements for the supplier to undertake this assessment it would be necessary for the client to arrange for suitable access to all areas required to be inspected. This includes the provision of suitable facilities to gain access to ceiling voids etc. as required during the inspection itself.
This does not imply that the assessor will inspect every void etc. but may simply sample selected locations.
3.1.4. This scope of services does not include for any client meetings, beyond the inspection, to discuss the assessment report and associated findings.
3.1.5. Design of any recommended facilities will be carried out by others or upon a new agreed scope of services.
3.1.6. Once the fire risk assessment inspection and report is completed and issued to the client then this scope of services will be complete.
3.1.7. This scope of services and the fire risk assessment methodology within it is intended to assess measures that facilitate protection of people from fire. It may inherently assess property protection issues and business continuity to some extent but that is not the primary purpose of the assessment proposed.
3.2. Property Protection & Business Continuity
3.2.1. Should the Client wish to broaden the scope of this assessment to cover both property protection and business continuity issues then, a separate scope of services can be provided.
4. PROPOSAL
4.1. Any proposal claiming to be in accordance, compliance or conformity with standard scope of service shall be accompanied by a schedule based on the schedule contained in this document.
4.2. The information contained in the schedule provided with the proposal shall contain, as a minimum, the information contained in the schedule in this document.
4.3. The nature and extent of any deviation from the standard scope of service shall be clearly indicated in the schedule.
5. DOCUMENTATION
5.1. There is no single correct means of documenting a fire risk assessment, nor are there specific definitive requirements within legislation for the content of a documented fire risk
assessment, only that the “significant findings” and any group or individual at risk are
recorded. The supplier will therefore make a judgement as to what constitutes “significant findings” and occupants especially at risk. However, the findings should include measures taken in the premises to satisfy the relevant fire safety legislation and all additional measures that are recommended to be taken by the fire risk assessor.
5.2. The report only addresses those parts of the property which were accessible at the time of the visit and all recommendations included within this report are solely based upon the evidence seen at the time of the inspection.
5.3. Risk assessment is a subjective process and no assurances can be guaranteed that subsequent inspections undertaken by enforcing authorities will not result in a different evaluation of the level of fire risk.
5.4. The supplier will provide a risk assessment report. The report will identify the principles of the approach to fire safety, which has been adopted for the premises. It is intended that the fire risk assessment reports should, among other things, be used as a reference document when changes or maintenance are carried out in the premises.
5.5. The supplier’s standard fire risk assessment reports will adopt a structured approach to the fire risk assessment which largely follows the principles in PAS 79: 2012 and covers the nine steps to fire risk assessment established in PAS 79. A summary of the nine steps contained in PAS 79 are provided in Annex 1 for information but does not form part of this scope.
This does not imply that the sample template for recording significant findings contained with PAS 79 need be used.
5.6. Should the client have any preference for an alternative scope of the fire risk assessment or the structure or layout of the report then this is to be discussed and agreed with the client prior to commencement of work and clearly defined within the schedule.
5.7. Duties of the client / employer
5.7.1. The supplier will require relevant information about the premises, the processes carried out in the premises, and the occupants of the premises. This information will be obtained by interviewing the client, the client’s representative or the site representative. This information may be obtained from documents and/or through interview prior to carrying out, or in some measure during, the physical inspection of the premises.
5.7.2. The clients representative will need to be afforded the time and access to enable the assessor to inspect all necessary areas and ask all relevant questions on the day of assessment. Failure to afford this information will hinder the production of the report and increase the time incurred in undertaking the FRA.
6. METHODOLOGY
6.1. On receipt of the client’s instruction to proceed, a representative of the supplier will contact the client’s representative and agree or confirm:
• Time date and place of the fire risk assessment;
• The identity and contact details of the site representative;
• Any special arrangements concerning health and safety which may include but not be limited to health and safety procedures, required PPE and site safety induction.
6.2. On completion of the risk assessment site visit the fire risk assessor will debrief with the client’s representative (where present) before leaving site.
6.3. A report will be compiled and forwarded to the client’s representative.
6.4. The fire safety standards on site will be measured against a benchmark which may be based upon approved Codes of Practice, British or European Standards, Government or Agency Standards Documents or Industry Standard Documents.
6.5. The report may incorporate digital photographs where appropriate or where required by the client.
7. INCLUSIONS
7.1. The documented fire risk assessment issued to the client by the supplier shall include the following detail:
7.1.1. The identity of the duty holder;
7.1.2. The exact location and extent of the premises that has been assessed. Where the client has more than one site, more than one premises on a site or occupies only part of a site or premises, the documented fire risk assessment should contain sufficient detail to ensure that the client and any interested party can identify the location covered by the fire risk assessment.
7.1.3. The date(s) on which the premises were visited by the assessor and the assessment was carried out
7.1.4. The identity of key individuals from whom information was obtained as part of the assessment
7.1.5. The criteria and recommended date by which the assessment should be reviewed
7.1.6. The significant findings
7.1.7. An overall assessment of risk
7.1.8. Information required by relevant legislation
7.1.9. A list of actions arising from the assessment indicating the severity and urgency and an indication of the time scale in which each action should be completed
7.1.10. A unique reference identifier
7.2. The fire risk assessment shall identify all the important aspects of fire safety on the premises in the report with sufficient supporting commentary to enable the client, or the client’s representative, to comprehend the level and adequacy of life safety provision/s that and should be provided on the premises. The fire risk assessment shall have considered and documented the following:
7.2.1. Nature of the premises and the processes carried out on the premises
7.2.2. Size, height, construction, and use of premises
7.2.3. Occupants of the premises; including those especially at risk in the event of fire. This should include but not be limited to the public, people with disabilities and those who are especially at risk because of the nature of the work they do.
7.2.4. Previous fire incidents on or near the premises including the cause, where known, and any lessons drawn from the incident.
7.2.5. Involvement of enforcing authorities which result in additional duties being placed on the persons responsible for the premises.
7.2.6. Arrangements with the emergency services
7.2.7. Information about potential causes of fire which should include but not limited to:-
7.2.8. Arson
7.2.9. Electrical faults
7.2.10. Smoking
7.2.11. Portable heaters, etc.
7.2.12. Cooking
7.2.13. Lightning
7.2.14. Hot works
7.2.15. Housekeeping
7.2.16. Other significant ignition sources or process hazards
7.2.17. Process fire risks excluded from the scope of the fire risk assessment
7.2.18. An appropriate overall risk matrix taking into account likelihood and consequence of fires arising from these causes and qualifying the overall risk
7.2.19. Means for detecting fire and giving warning to occupants
7.2.20. Means of escape from the premises (including provisions for disabled persons)
7.2.21. Fire safety signs and notices
7.2.22. Emergency escape lighting
7.2.23. Means to limit fire spread and development of fire
7.2.24. Means for fighting fire
7.2.25. Other relevant firefighting systems and equipment; if provided
7.2.26. Maintenance of facilities to assist fire-fighters
7.2.27. Emergency action plan
7.2.28. Staff training and fire drills
7.2.29. Testing and maintenance of fire protection measures
7.2.30. Record keeping
7.2.31. Cooperation & coordination with other occupiers of the premises and neighbouring premises
7.2.32. Action plan
7.2.33. An appropriate review period expressed
The forgoing list does not imply that the exact headings would be used or that they would be presented in the same order.
7.3. Access
7.3.1. Where readily accessible unless specifically excluded the assessor will inspect all parts of the premises. Where relevant this will include; out buildings, external stores and outdoor service premises. Voids, cupboards, ducts and service risers will be sampled.
7.3.2. Any part of the premises to which the assessor does not gain access shall be identified in the documented fire risk assessment.
7.4. Should dangerous conditions be encountered during the assessment, or hazardous practices are observed, the assessor will bring the matter to the attention of a duty holder as soon as possible, where possible before leaving the site. The assessor will not intervene or take any steps personally to resolve the situation.
8. EXCLUSIONS
8.1. Unless clearly stated to the contrary the fire risk assessment will be non-intrusive. That is to say the assessor will not:
8.1.1. Make any holes
8.1.2. Apply any tools (e.g. screwdriver, hammer, crowbar)
8.1.3. Carry out any functional test of fire protection measures (e.g. operate smoke vents or emergency lighting)
8.1.4. Provide or use access equipment (other than short step ladders)
8.1.5. Carry out any measurements other than approximations of distance (e.g. sound pressure levels of fire alarms)
8.1.6. Take or analyse any samples (e.g. any part of the fabric of the premises, fire resisting materials or combustible/flammable materials)
8.1.7. Enter into any private dwelling in the case of flats, apartments, maisonettes or similar dwellings other than as necessary to report properly on measures required under the relevant fire safety legislation (e.g. the fire resistance of flat entrance doors). Depending on the scope of the Fire Risk Assessment and the legal jurisdiction this may exclude houses in multiple occupation.
8.2. This scope of services does not include follow-up meetings.
8.3. Where the fire risk assessor identifies a need for alterations or modifications to the premises, passive fire protection or active fire protection, the fire risk assessment will not include detailed method statements or a formal scope of services.
8.4. Any additional days or consultancy. Additional days consultancy or attendance at meetings can be booked and are charged at £400.00 + VAT per day with travel charged at 45p per mile or cost of public transport.
8.5. The fire risk assessment will not include the production of drawings and will not include marking up of plan drawings unless specified in the schedule.
8.6. The fire risk assessment will not include consideration of process related risks covered by COSHH and DSEAR legislation.
9. HEALTH & SAFETY CONSIDERATIONS
9.1. The supplier will remain responsible for the health and safety of the assessor while the assessor is on the client’s premises.
9.2. The client will provide the assessor with relevant information about significant health and safety hazards and control measures, including the presence of Asbestos.
9.3. The assessor shall, where necessary, provide basic PPE including hard hat, high visibility jacket or waistcoat and protective footwear. The client shall provide PPE appropriate for all other hazards including but not limited to ear defenders, fall arresters, breathing apparatus and floatation aids.
9.4. Where safety training is required on site the client shall inform the supplier prior to any contract being agreed and provide the training free of charge.
9.5. During the assessment, all site safety rules and control measures will be observed. No activities will be undertaken by the risk assessor that will create either additional hazard or raise the risk level from any existing hazard on site.
9.6. The assessor may refuse to enter any area where the assessor suspects that their health and safety may be at risk. The assessor will as far as is practical, inform the site representative of the nature of the hazard. The assessor will not enter the area until or unless the hazard is removed or the assessor is satisfied that the risk has been reduced to a tolerable level. The assessor will state on the risk assessment report those areas not inspected or assessed and state why.
10. QUALITY
The Supplier is able to demonstrate that they are capable of providing Fire Risk Assessments of a consistently high standard. This is demonstrated by:
• The supplier organization being listed on the BAFE SP-205 Fire Risk Assessors Register.
• The supplier organization being Third Party Certificated to an appropriate scheme by a UKAS accredited certification body.
• The individual carrying out the fire risk assessment being Third Party Certificated to an appropriate scheme by a UKAS accredited certification body.
• The individual carrying out the fire risk assessment being listed on an appropriate professional body register.
A Supplier who is listed on the BAFE SP-205 Fire Risk Assessors register would have signed the BAFE and NSI code of practice.
A supplier who has obtained Quality Assurance Certification of organizations or individuals offering life safety fire risk assessment services through a UKAS accredited certification body would have
demonstrated, technical and management competencies to undertake life safety fire risk assessments as required by, The Regulatory Reform (Fire Safety) Order 2005, the Fire (Scotland) Act 2005, and the Fire and Rescue Services (Northern Ireland) Order 2006 and is currently listed as a certificated company.
10.1. The supplier shall clearly indicate on the schedule which of the methods they have used to demonstrate quality and competency:
10.1.1. UKAS accredited organization Certificated under a TPC scheme, by a UKAS accredited certification body.
10.1.2. The fire risk assessors are certificated by a UKAS accredited certification body.
10.1.3. Nationallly Accredited Fire Risk Assessors Register through ISFM.
10.1.4. The suppliers risk assessors are listed on a professorial fire risk assessor’s register.
10.2. In addition to 10.1 the supplier shall provide documentary evidence where this is requested by the client.
The Fire Risk Assessment Competency Council (on which are represented major stakeholders in the field of fire safety) and the FIA recommend that the use of suppliers that are able to demonstrate by the means set out in 10.1.1 above.
11. INSURANCES
11.1. Professional Indemnity Insurance
The supplier undertakes and warrants that it currently maintains in force professional indemnity insurance without any material excesses or unusual exclusions taken out with reputable insurers carrying on business in the United Kingdom up to a limit in respect of each and every claim of not less than one million pounds and that provided such insurance is available on reasonable commercial terms and rates in the insurance market it shall maintain such insurance until 18 months after practical completion of the works.
11.2. Public Liability Insurance
The supplier undertakes and warrants that it currently maintains in force public liability insurance without any material excesses or unusual exclusions taken out with reputable insurers carrying on business in the United Kingdom up to a limit in respect of each and every claim of not less than one million pounds and that provided such insurance is available on reasonable commercial terms and rates in the insurance market.
11.3. Employers Liability
Supplier undertakes and warrants that it has at all material times maintained and currently maintains in force employers liability insurance without any material excesses or unusual exclusions taken out with reputable insurers carrying on business in the United Kingdom in accordance with United Kingdom law.
12. CONFIDENTIALITY AND THE CLIENTS PROPERTY
12.1. The supplier will keep confidential all matters related to the client’s commercial activity.