The Fire Safety (Scotland) Regulations 2006

Made: 5th September 2006

Laid before the Scottish Parliament: 7th September 2006

Coming into force: 1st October 2006

The Scottish Ministers, in exercise of the powers conferred by sections 57, 58, 59(2), 61(8), 75(b), 76(6) and 88(2) of the Fire (Scotland) Act 2005[^f00001], and of all other powers enabling them in that behalf, hereby make the following Regulations:

PART I — PRELIMINARY

Citation and commencement

1

These Regulations may be cited as the Fire Safety (Scotland) Regulations 2006 and shall come into force on 1st October 2006.

Interpretation

2

• (1) In these Regulations–

• “the 2005 Act” means the Fire (Scotland) Act 2005;

• ...

• “child” means a person who is not over school age, construed in accordance with section 31 of the Education (Scotland) Act 1980[^f00003];

• ...

• “the CLP Regulation” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006, of which Articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29, 35(2) second and third sub-paragraphs and Annexes I to VII are to be read as amended from time to time;

• “competent” means that the person has sufficient training and experience or knowledge and other qualities to enable that person–in relation to regulation 12(3)(b), properly to implement the measures referred to in that regulation;in relation to regulation 14(1)(b), properly to implement the evacuation procedures referred to in that regulation; andin relation to regulation 17(1), properly to assist in undertaking the fire safety measures;

• “dangerous substance” means– a substance or mixture which meets the criteria for classification as hazardous within any physical hazard class laid down in the CLP Regulation, other than “corrosive to metals” or “gases under pressure”, whether or not the substance or mixture is classified under that Regulation a substance or mixture which because of its physico-chemical or chemical properties and the way it is used or is present in relevant premises creates a risk; andany dust, whether in the form of solid particles or fibrous materials or otherwise, which can form an explosive mixture with air or an explosive atmosphere;

• “employment business” means a business (whether for profit or not and whether or not carried on in conjunction with any other business) which supplies persons (other than seafarers) who are employed in it to work for and under the control of other persons in any capacity;

• “explosive atmosphere” means a mixture, under atmospheric conditions, of air and one or more dangerous substances in the form of gases, vapours, mists or dusts in which, after ignition has occurred, combustion spreads to the entire unburned mixture;

• “hazard”, in relation to a dangerous substance, means the physico-chemical or chemical property of that substance which has the potential to give rise to fire affecting the safety of a person, and references in these Regulations to “hazardous” are to be construed accordingly;

• “personal protective equipment” means all equipment which is intended to be worn or held by a person in the relevant premises and which protects that person against one or more risks to his or her safety, and any addition or accessory designed to meet that objective;

• “preparation” means a mixture or solution of two or more substances;

• “risk” means the risk to the safety of relevant persons from fire;

• “safety data sheet” means a safety data sheet within the meaning of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC;

• “special, technical or organisational measures” means those measures required to be taken or observed in any workplace in connection with the carrying on of any work process, where those measures–are designed to prevent or reduce the likelihood of fire arising from such a work process or reduce its intensity; andare required to be taken or observed to ensure compliance with any requirement of the relevant statutory provisions within the meaning given by section 53(1) of the Health and Safety at Work etc. Act 1974[^f00005] and those measures include–technical means of supervision;connecting devices;control and protection systems;engineering controls and solutions;equipment;materials;protective systems; andwarning and other communications systems;

• “substance” means any natural or artificial substance whether in solid or liquid form or in the form of a gas or vapour;

• “work process” means all aspects of work involving, or in connection with–the use of plant or machinery; orthe use of storage of any dangerous substance; and

• “young person” means any person who has not attained the age of 18.

• (2) In these Regulations, any reference to a numbered section is, unless otherwise expressly provided, a reference to a section bearing that number in the 2005 Act.

• (3) In these Regulations, any reference to a numbered regulation is, unless otherwise expressly provided, a reference to a regulation bearing that number in these Regulations.

• (4) In these Regulations, any duties imposed on persons having duties under sections 53 or 54 are imposed to the extent that the person has duties under those sections.

PART II — ASSESSMENTS

Duty to review

3

• (1) A review of an assessment under section 53 or 54 must be carried out regularly so as to keep it up to date.

• (2) A review of an assessment under section 53 or 54 must be carried out if–

• (a) there is reason to suspect that it is no longer valid; or

• (b) there has been a significant change in the matters to which it relates including when the relevant premises, special, technical and organisational measures or organisation of the work undergo significant changes.

Duty in respect of young persons

4

An employer must not employ a young person unless he or she has, in relation to risks to young persons, carried out or reviewed an assessment in accordance with his or her duties under section 53 or 54 and these Regulations.

Assessment and review duty in respect of young persons

5

In carrying out or reviewing an assessment under section 53 an employer, before employing a young person, must take particular account of the following in respect of harm caused by fire:–

• (a) the inexperience, lack of awareness of risks and immaturity of young persons;

• (b) the fitting-out and layout of the relevant premises;

• (c) the nature, degree and duration of exposure to physical and chemical agents;

• (d) the form, range, and use of work equipment, and the way in which it is handled;

• (e) the organisation of processes and activities;

• (f) the extent of the fire safety training provided or to be provided to young persons; and

• (g) risks from agents, processes and work listed in the Annex to Council Directive 94/33/EC[^f00006] on the protection of young people at work.

Assessment and review duty in respect of dangerous substances

6

Where a dangerous substance is or is liable to be present in the relevant premises, the matters which must be taken into account when a person carries out an assessment or a review under section 53 or 54 are–

• (a) the hazardous properties of the substance;

• (b) information on safety provided by the supplier, including information contained in any relevant safety data sheet;

• (c) the circumstances of the work including–

• (i) the special, technical and organisational measures and the substances used and their possible interactions;

• (ii) the amount of the substance involved;

• (iii) where the work will involve more than one dangerous substance, the risk presented by such substances in combination; and

• (iv) the arrangements for the safe handling, storage and transport of dangerous substances and of waste containing dangerous substances;

• (d) activities, such as maintenance, where there is the potential for a high level of risk;

• (e) the effect of measures which have been or will be taken pursuant to the 2005 Act and to these Regulations;

• (f) the likelihood that an explosive atmosphere will occur and its persistence;

• (g) the likelihood that ignition sources, including electrostatic discharges, will be present and become active and effective;

• (h) the scale of the anticipated effects;

• (i) any places which are, or can be connected via openings to, places in which explosive atmospheres may occur; and

• (j) such additional safety information as the person with duties under section 53 or 54 may need in order to complete the assessment or review.

New work activities where dangerous substances are present

7

No new work activity involving a dangerous substance may commence unless the person with duties under section 53 or 54 has fulfilled their Chapter 1 duties in respect of the dangerous substances.

Duty to record information

8

As soon as practicable after an assessment has been carried out or reviewed, the person with duties under section 53 or 54 must record the information specified in regulation 9 where–

• (a) he or she employs five or more employees; or

• (b) a licence or registration under an enactment is required in relation to the relevant premises; or

• (c) an alterations notice requiring this by virtue of section 65(6)(a) is in force in relation to the relevant premises.

Specified information

9

The specified information is–

• (a) the significant findings of the assessment, including the measures which have been or will be taken by the person having duties under section 53 or 54 pursuant to Part 3 of the 2005 Act and these Regulations; and

• (b) any relevant person or group of relevant persons identified by the assessment as being especially at risk from fire.

PART III — FIRE SAFETY

Fire safety arrangements

10

• (1) In carrying out duties to which a person is subject by virtue of section 53(2)(b), 53(3)(b), 54(2)(b) or 54(5)(b), a person must make and give effect to such arrangements as are appropriate, having regard to the size of his or her undertaking and the nature of its activities, for the effective planning, organisation, control, monitoring and review of the fire safety measures within the meaning of schedule 2 to the 2005 Act.

• (2) That person must record the arrangements referred to in paragraph (1) where–

• (a) he or she employs five or more employees; or

• (b) a licence or registration under an enactment is required in relation to the relevant premises; or

• (c) an alterations notice requiring this by virtue of section 65(6)(b) is in force in relation to the relevant premises.

Elimination or reduction of risks from dangerous substances

11

• (1) Where a dangerous substance is present in relevant premises, a person having duties under section 53 or 54 must ensure that risk to relevant persons related to the presence of the substance is either eliminated or reduced so far as is reasonably practicable.

• (2) In complying with the duty under paragraph (1), a person must, so far as is reasonably practicable, replace a dangerous substance, or the use of a dangerous substance, with a substance or process which either eliminates or reduces the risk to relevant persons.

• (3) Where it is not reasonably practicable to eliminate risk pursuant to paragraphs (1) and (2), a person must, so far as is reasonably practicable, apply measures consistent with the assessment under section 53 or 54 and appropriate to the nature of the activity or operation, including the measures specified in the Schedule to–

• (a) control the risk, and

• (b) mitigate the detrimental effects of fire.

• (4) The person with duties under section 53 or 54 must also–

• (a) arrange for the safe handling, storage and transport of dangerous substances and waste containing dangerous substances; and

• (b) ensure that any conditions necessary pursuant to these Regulations and the 2005 Act for ensuring the elimination or reduction of risk are maintained.

Means for fighting fire and means for giving warning in the event of fire

12

• (1) Where necessary (whether due to the features of the relevant premises, the activity carried on there, any hazard present or any other relevant circumstances) in order to ensure the safety of relevant persons in respect of harm caused by fire, a person with duties under section 53 or 54 must ensure that–

• (a) the relevant premises are, to the extent that it is appropriate, equipped with appropriate means for fighting fire and means for giving warning in the event of fire; and

• (b) any non-automatic fire-fighting equipment so provided is easily accessible, simple to use and indicated by signs.

• (2) For the purposes of paragraph (1), what is appropriate is to be determined having regard to the dimensions and use of the relevant premises, the equipment contained in the relevant premises, the physical and chemical properties of the substances likely to be present and the maximum number of persons who may be present at any one time.

• (3) The person with duties under section 53 or 54 must, where necessary–

• (a) take measures for fighting fire in the relevant premises, adapted to the nature of the activities carried on there and the size of the undertaking and of the relevant premises concerned;

• (b) nominate competent persons to implement those measures and ensure that the number of such persons, their training and the equipment available to them are adequate, taking into account the size of, and the specific hazards involved in, the relevant premises concerned; and

• (c) arrange any necessary contacts with external emergency services, particularly as regards fire fighting and rescue work.

Means of escape

13

• (1) Where necessary in order to ensure the safety of relevant persons in respect of harm caused by fire, the person with duties under section 53 or 54 must ensure that routes to emergency exits from relevant premises and the exits themselves are kept free from obstruction at all times.

• (2) The following requirements must be complied with in respect of relevant premises where necessary (whether due to the features of the relevant premises, the activity carried on there, any hazard present or any other relevant circumstances) in order to ensure the safety of relevant persons in respect of harm caused by fire:–

• (a) emergency routes and exits must lead as directly as possible to a safe area beyond the relevant premises;

• (b) in the event of danger from fire, it must be possible for persons to evacuate the relevant premises as quickly and as safely as possible;

• (c) the number, distribution and dimensions of emergency routes and exits must be adequate having regard to the use of, equipment contained in, and the dimensions of the relevant premises and the maximum number of persons who may be present there at any one time;

• (d) doors on the emergency route shall open in the direction of escape;

• (e) sliding or revolving doors must not be used for exits specifically intended as emergency exits;

• (f) doors on the emergency route must not be so locked or fastened that they cannot be easily and immediately opened by any person who may require to use them in an emergency;

• (g) emergency routes and exits must be indicated by signs; and

• (h) emergency routes and exits requiring illumination must be provided with emergency lighting of adequate intensity in the case of failure of their normal lighting.

Procedures for serious and imminent danger from fire and for danger areas

14

• (1) A person with duties under section 53 or 54 must–

• (a) establish and, where necessary, give effect to appropriate procedures, including fire safety drills, to be followed in relevant premises in the event of serious and imminent danger to relevant persons from fire;

• (b) nominate a sufficient number of competent persons to implement those procedures in so far as they relate to the evacuation of relevant persons from the relevant premises; and

• (c) ensure that no relevant person has access to any area to which it is necessary to restrict access on grounds of safety in respect of harm caused by fire, unless the person concerned has received adequate safety instruction.

• (2) Without prejudice to the generality of paragraph (1)(a), the procedures referred to in that sub-paragraph must–