Primary legislation and enforcement - primary authority scheme
Warwickshire fire and rescue service have a responsibility for the enforcement of the Regulatory Reform (Fire Safety) Order 2005. Enforcement action varies from:
- Educating and informing
-
Notification of deficiencies to be rectified
- Agreeing on an action plan
- An enforcement notice
- An alterations notice
- A prohibition notice or possible prosecution
All notices served under the Regulatory Reform (Fire Fafety) Order 2005 by Warwickshire Fire and Rescue Service will be recorded on our public register in accordance with the Environment and Safety Information Act 1988.
The Chief Fire Officer’s Association (CFOA) national enforcement register is available for public inspection.
Information relating to notices served will be available on the register within 14 days of the expiry of the 21 day statutory appeal period. Where an appeal is made, a notice will not be recorded on the register until a decision on the appeal is final. In cases where the notice is overturned, no entry on the register will be made. Information on any issued notice will be displayed for a minimum of five years even if the notice is complied with.
Definition of notices
Enforcement notices:
May be served where the fire and rescue authority is of the opinion that the responsible person or other person mentioned in article 5(3) has failed to comply with any provision of the fire safety order, or of any regulations made under it.
Alteration notices:
An alteration notice may be served on the responsible person if the Fire and Rescue Authority is of the opinion that the premises would constitute a serious risk to relevant persons (whether due to the features of the premises, their use, any hazard present, or any other circumstances) or may constitute such a risk if a change is made to them or the use to which they are put.
Prohibition notices:
May be served where the fire and rescue authority is of the opinion that the risk to persons in case of fire, is so serious it will be necessary for the authority to prohibit or restrict the use of parts of the premises until the specified matters have been remedied.