Fire Protection Concordat – Wakefield MDC
Fire Protection PolicyFire Protection Concordat – Wakefield MDC
West Yorkshire Fire & Rescue Service
Oakroyd Hall
Birkenshaw
Bradford
BD11 2DY
Date Issued: / 04/03/2013 / Review Date: / 25/12/2014 /
Ref: / FS-POL044 / Version: 4.0 /
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Fire Protection Concordat – Wakefield MDC
Introduction
This Concordat is an agreement between Wakefield and District Housing, West Yorkshire Fire & Rescue Authority and Wakefield Council, (The Enforcing Authorities). It is intended to provide a framework to ensure that the roles and responsibilities of the organisations are effectively translated into practical working arrangements. Wakefield and District Housing and The Enforcing Authorities have agreed to work together in partnership to meet the following shared objective:
Improving fire protection measures to safeguard the safety and welfare of all persons frequenting the Wakefield and District Housing’ premises.
This Concordat relates to the areas of interface between the Wakefield and District Housing and The Enforcing Authorities in performing their respective functions. It does not place additional responsibilities on any party; nor does it imply any transfer of responsibility from one to the other or sharing of statutory obligations. It has no legal status and does not amend any other policies, agreements or requirements of Wakefield and District Housing and The Enforcing Authorities. Compliance with the protocol will assist the Executive and Directors of Wakefield and District Housing to comply with their fire protection statutory duties.
Legislation and Responsibilities
In October 2006, fire safety legislation was rationalised by the enactment of the Regulatory Reform (Fire Safety) Order 2005 (FSO). The FSO replaced practically all previous fire safety legislation and established significant responsibilities and subsequent implications for the person deemed by the Order to be responsible.
In applying the FSO to Wakefield and District Housing premises the ‘responsible person’ is required to complete a suitable and sufficient risk assessment and record the significant findings of the assessment. The responsible person must ensure that appropriate preventative and protective control measures to address the identified risks are in place and that the assessment is reviewed and amended as appropriate.
Aims of the Concordat
Wakefield and District Housing and The Enforcing Authorties have agreed to work together to achieve the aim of improving fire protection across the Wakefield District by:
1)Providing advice and guidance to Wakefield and District Housing to help them achieve full compliance with relevant fire safety legislation;
2)Wakefield and District Housing will carry out a fire risk assessment for each of their premises (premises under their control) in accordance with agreed principles based on national guidance to meet the requirements of statutory fire safety legislation. The outcomes of the risk assessments will be listed in an agreed priority order. To assist with planning and budgetary matters, appropriate and reasonable timescales for the completion of any necessary measures will also be agreed between the partners. The agreement will be formalised into action plans.
To ensure this protocol is not undermined, The Enforcing Authorities will not take any formal enforcement action against Wakefield and District Housing or its Officers for any fire safety measures agreed as ‘working towards’ in the agreed action plan.
The Enforcing Authorities will only implement formal enforcement action, if on inspection the fire safety measures are so ineffective that enforcement is the only solution to correct the identified fire safety deficiencies. The Enforcing Authorities will ensure that every opportunity will be explored to avoid prohibition or restriction.
To ensure that action plans are being progressed appropriately and within the agreed timescales, a number of sample audits of Wakefield and District Housing premises will be completed by West Yorkshire Fire and Rescue Authority. Wakefield and District Housing will be provided with the inspection results.
The Enforcing Authority’s will only take formal enforcement action if there is a failure to complete agreed action plans without a justifiable reason. This action will only take place after full consultation has taken place and always as a last resort.
3)Reducing unwanted fire calls – by working in partnership with Wakefield and District Housing to reduce unwanted fire calls from within Wakefield and District Housing premises
To assist in meeting these aims, WAKEFIELD AND DISTRICT HOUSING will:
- Ensure all Directors are made aware of the provisions of this Concordat.
- Adopt proactive measures to ensure that the aims of the Concordat are progressed.
- Nominate a single point of contact for The Enforcing Authorities to consult on fire safety policy matters.
To assist in meeting these aims, The Enforcing Authorities will:
- Ensure all West Yorkshire Fire and Rescue Authority (Fire Safety) Inspectors and Housing Enforcement Officers are made aware of the provisions of this Concordat.
- Appoint a representative to as a single point of contact for Wakefield and District Housing to consult on all fire safety policy matters.
- Provide reasonable assistance and support for Wakefield and District Housing in producing guidance, training and promotional events on general fire precautions.
- Provide representation to key panels, groups or committees.
Exchange of information and Co-ordination
To meet the aims of this Concordat all parties will, through the focal contact points in each organisation, consult each other as relevant and appropriate on draft guidance and reports, to ensure factual accuracy, benefit from each other’s knowledge and expertise, and to promote consistency of advice.
To assist in this exchange & co-ordination of information the focal contact points from both organisations (& any other persons seen as appropriate to attend) will meet annually to review progress towards achieving the principles aims of the Concordat, and to contribute to its annual review. Where partners need to share information the Data Protection Act 1998 and other legislative requirements must be complied with. Account should be taken of The Enforcing Authority’s responsibilities in respect of co-operation and data sharing with other enforcing authorities.
Expected Benefits
Benefits for The Enforcing Authorities will include:
- West Yorkshire Fire and Rescue Authority - furthering our ambition to ‘Make West Yorkshire Safer’ by providing an excellent Fire & Rescue Service working in partnership to reduce death, injury and economic loss and contribute to community well being; and
- ensuring that The Enforcing Authority’s statutory duties are discharged efficiently and effectively by reducing unnecessary activities and minimising regulatory burdens.
Benefits for Wakefield and District Housing will include:
- strategic assistance to aid compliance with fire safety legislation;
- improved practical understanding of legislative requirements;
- awareness of current and proposed legal changes;
- creation of an avenue to influence The Enforcing Authority’s Enforcement/Inspection Policy; and
- ultimately a reduction in the frequency of inspection of premises under the control of Wakefield and District Housing.
If a decision is made to exit this partnership, the other partners should be informed officially in writing and given a minimum of 28 days notice. Any decision to exit this partnership agreement should be taken at the same level as the decision to enter into the agreement (which may be different to the signatory if that function was delegated).
This Concordat was signed on the 29th day of October 2009
Signed:
Chief Fire Officer/Chief Executive
West Yorkshire Fire and Rescue Authority
Signed:
Executive Director
Wakefield and District Housing
Signed:
Service Director: Strategic Housing and Economic Development
Wakefield Council
This Concordat was reviewed on the 7th February 2011 by Stuart Frain, Fire Protection Manager (WYFRS) & David Tierney (WDH). This document will remain unchanged until the next designated review date
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