The overall purpose of enforcing authorities like West Yorkshire Fire & Rescue Authority (WYFRA), is to make sure that those responsible for upholding their legal duty (duty holders) are managing and controlling their compliance effectively to prevent harm. The term ‘enforcement’ applies to all dealings between enforcing authorities and those on whom the law places duties (employers, the self-employed, employees and others).

The appropriate use of enforcement powers, ranging from advice to formal enforcement (including prosecution) is important to secure compliance with the law.

• The purpose of enforcement is to:
• Ensure that duty holders act immediately to deal with serious breaches of the law;
• Promote and achieve sustained compliance with the law;
• Ensure that were necessary, we take appropriate action against duty holders.

We use a number of ways to secure compliance with the law and to ensure a proportionate response.

Fire Protection audits are completed using the National Fire Chiefs Council (NFCC) model and the type of enforcement action we take is subject to the principles set out within the Enforcement Management Model (EMM). The intended outcome of an audit is to make sure people are kept safe through compliance with the Fire Safety Order and in turn, this links to our organisational aim to make West Yorkshire safer.

We aim to reduce the risk to the community of West Yorkshire by providing advice.
Good fire safety standards will reduce the risk to people occupying a building should it become involved in fire. Providing timely and accessible advice to those willing to comply is more likely to result in a safer and more prosperous community. Advice is sometimes given as part of an audit (as detailed above) or where advice is requested, it will be given over the telephone, by email or by signposting to relevant guidance documents.

The Responsible Person for a premises must ensure they carry out a Suitable and Sufficient Fire Risk Assessment. There may also be occasions where specialist or professional advice will be required beyond that given by WYFRS.

We will assist businesses and other Responsible Persons by:

• Following the principles of better regulation set out in the Regulators Code and the Enforcement Concordat.
• Setting out our priorities and planned interventions.
• Using enforcement action, in accordance with our enforcement policy and within the principles of proportionality, accountability, consistency, transparency and targeting.
• Using an Enforcement Management Model (EMM) to determine the appropriate level of enforcement. Any enforcement action should be consistent and proportionate to the fire safety risks and the seriousness of the breach.
• Taking account of national ‘earned recognition’ guidance when planning inspection programmes.
• Providing fire safety advice to businesses.
• Supporting and recognising Primary Authority Scheme (PAS) Partnerships.
• Operating systems within WYFRS to train, appoint, authorise, monitor and maintain a competent workforce.

There is a statutory duty for the WYFRS to consult on the application of Building Regulations. Through effective consultation with ‘building control bodies’ we will respond to consultations with recommendations to make sure 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 WYFRS 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 ‘Building Regulations and Fire Safety Procedural Guidance’ document. Once a building is occupied and in use the Regulatory Reform (Fire Safety) Order 2005 will apply in most cases.

Before serving an enforcement notice under the Fire Safety Order, which would require a person to make an alteration to the premises, the West Yorkshire Fire Authority will consult with other relevant enforcing authorities.

WYFRS has the prime responsibility for enforcing ‘general fire precautions’ in places other than domestic dwellings (homes). In some cases, other enforcing authorities may have responsibilities for certain fire precautions under more specific legislation. In these cases, we have effective and agreed consultation procedures with those relevant statutory authorities, such as the Local Authorities in relation to the Housing Act 2004.

Consultation arrangements and ‘Joint Protocols’ are applied consistently throughout West Yorkshire. Where possible, national guidance and agreements are used.
 

WYFRS promotes and recommends the installation of sprinkler systems or other Automatic Water Suppression Systems (AWSS) in all premises. Their inclusion will support our aim of ‘Making West Yorkshire Safer’. Protocols have been developed with Local Education Authorities to install AWSS in new build schools or major refurbishments.

WYFRS (as the Licensing Authority) is responsible for enforcing all or some of the provisions of the following legislation, which impose controls on the safe-keeping of explosives and petroleum-spirit. In relation to the relevant legislation, the term 'safe' means safe from the risks of fire and explosion.

• The Explosives Regulations 2014 (ER14)
• Consumer Protection Act 1987
• Fireworks Act 2003
• Fireworks Regulations 2004
• Petroleum (Consolidation) Regulations 2014
• Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR)
• The Carriage of Dangerous Goods by Road Regulations 1996
• Public Health Act 1961, Section 73

Under the provisions of the Explosives Regulations 2014, the Petroleum (Consolidation) Regulations 2014 and the Fireworks Regulations 2004, the Authority has a statutory duty to grant, renew, transfer and vary licenses and registrations.

The Authority uses all the relevant and approved codes of practice and guidance documents to make sure that sites storing explosives or petroleum-spirit are designed, constructed, maintained, operated and decommissioned to achieve a recognised standard of safety. Where the design of a site does not fall within the scope of current guidance, a third-party certification and accreditation will be sought.

WYFRA is a “Responsible Authority” as defined within the Licensing Act 2003 (the Act). The overall responsibility for licensing functions under the Act is the Local Authority (council). Responsible Authorities must be notified of applications for the grant, variation or review of a ‘premises license’ or ‘club premises certificate’.

We will examine license applications and the applicant will be advised of their responsibilities under the Regulatory Reform (Fire Safety) Order 2005, which is the legislation for achieving satisfactory standards of general fire precautions in licensed premises. Applicants are referred to national guidance on how to comply.

WYFRS seeks to reduce false alarms and unwanted fire signals, which impact on our resources and can contribute to fire safety issues.

Our aim is to:

• Reduce the number of unwanted fire signals attended by WYFRS.
• Provide the most appropriate response to an unconfirmed automatic fire alarm actuation.
• Recover costs for attendances at persistent false alarms.

Operational fire crews will carry out visits to premises to collect operational information about risk. During this visit they will also consider Fire Protection and ask questions about the general fire precautions in the premises. This may result in crews giving basic fire safety advice, or it could mean a referral to our specialist Fire Protection Inspectors.

The Operational Risk Management Team develop an annual re-visit programme that determines which premises will receive a Site-Specific Risk Information visit. This is a risk-based method based upon the requirements of PORIS (Provision of Operational Risk Information System) and includes factors such as firefighter safety, environmental impact, heritage, community, societal and economic loss.