Shropshire Fire and Rescue Service will enforce all matters relating to fire safety in accordance with the provisions of the statutory legislation for which it has enforcement responsibility.
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- SFRS will on all occasions exercise due care and consideration in regard to the use of enforcement powers, and as far as is practicably possible; ensure matters are addressed through legislation having primacy in the circumstances
- Enforcement decisions will be made using the enforcement principles embodied in the Enforcement Management Model published by the Health and Safety Executive, which is considered national best practice, together with the Enforcement Concordat published by the Cabinet Office and the Local Government Association
- The details of the procedures to be adopted by fire safety officers when carrying out the enforcement policy can be found in our Brigade Orders for Fire Safety.
| What you are entitled to expect from enforcement officers |
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- A courteous manner
- To be shown identification
- Feedback on any visits, such as information about breaches of legislation and guidance on how they could be avoided
- A clear distinction between what officers are recommending as good practice and what you must do to comply with the law
- To be given the reasons in writing for any action you are asked to take
- Where there is an apparent breach of law, a notification of what the law is
- Reasonable time to meet statutory requirements
- Notification when a matter has been referred for legal action
- To be advised of the procedures for appealing against Fire Authority action
| Enforcement options available |
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Dependent on the legislation involved, there are a number of enforcement options available. These include:
- Notification of fire safety deficiencies
- Alterations notices
- Enforcement notices
- Prohibition notices
- Notices under Article 37 (Fire-fighter's switches for luminous tube signs)
- Prosecution
| Factors which affect choice of enforcement action |
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There are a number of factors which fire safety enforcement officers will consider when deciding which course of action to take:
- The seriousness of the alleged offence
- The previous history of the party concerned
- The likelihood of the defendant being able to establish a satisfactory defence, e.g. ‘due diligence’ and all reasonable precautions
- The willingness of the party to prevent a recurrence of the problem
- Whether there is satisfactory evidence
- Any relevant explanation offered by the affected party
- The probable public benefit of the action and the importance of the case, e.g. whether a prosecution might establish legal precedent in other companies or nationally
SFRS will consider prosecution where, for example, there is failure to comply with the fire safety duties imposed by the Order and that failure has put one or more relevant persons at risk of death or serious injury in case of fire. In addition if there has been a failure to comply with any requirement or restriction imposed by a notice issued under the Order, then again consideration will be given to prosecution.
| Enforcement Management Model |
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Our enforcement procedures are based on the enforcement management model used by the Health and Safety Executive (HSE). The principles of this enforcement management model are that actions should be proportional to the circumstances, consistent as to the actions and outcome, targeted at more serious risks and transparent to all responsible persons.
| A Compliance Code for the Statutory Regulators |
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The 'Regulators' Compliance Code', has been approved by both Houses of Parliament and will come into force on 6 April 2008.
This statutory code of practice is made under the 2006 Legislative and Regulatory Reform Act and affects a large number of regulators including Shropshire fire and Rescue Service.
The code supports the Governments better regulation agenda and acts to promote an effective and efficient approach to regulatory inspection and enforcement. The code identifies factors which regulators must 'have regard to' when developing and reviewing their policies and procedures.
Further information
Business Fire Safety
01743 260 260
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