Part 1 General 23.
This section sets out what each article means in plain English. It provides explanation and background to help enforcing authorities understand the intent behind each article.
Article 1 – Citation, commencement and extent 24.
This provides for the name of the Order, its commencement and its application. As previously noted the coming into force date for the Order has been amended to 1 October 2006. The Order applies to England and Wales only (see Application above).
Article 2 – Interpretation 25.
This Article provides definitions of the various terms used throughout the Order, many of which are existing definitions in fire safety legislation. The meaning of “responsible person” and “General fire precautions” are provided by articles 3 and 4 respectively.
26.
Only the courts can provide definitive interpretations but enforcing authorities may find the following views about phrases not defined in the Order helpful.
“Where necessary” 27.
The European Workplace Directive (89/654/EEC), in the preliminary note (paragraph 1) to the Annex, states that: “the obligations laid down in this Annex apply whenever required by the features of the workplace, the activity, the circumstances or a hazard.”
28.
This is implemented in the Order by use of the term “where necessary”, and that expression should be construed accordingly.
29.
The Order requires that fire precautions (such as fire fighting equipment, fire detection and warning, conditions relating to emergency routes and exits) should be provided (and maintained) “where necessary”.
30.
This means that the fire precautions provided (and maintained) by the responsible person are those needed to reasonably protect relevant persons from risks to them in case of fire. This is determined by the findings of a fire risk assessment, including the preventative measures which have or will be taken. In practice, it is very unlikely that a properly conducted fire risk assessment, which takes into account all the matters relevant for the safety of persons in case of fire, will conclude that no fire precautions (including maintenance) are necessary.
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