The 6th anniversary of Grenfell marks a year of regulatory change

As we all take a moment to remember the tragedy that unfolded on the 14th of June, 6years ago, our thoughts are with those who lost their homes and the families and loved ones of those who lost their lives. 

The 6th anniversary of Grenfell falls on a year where we’re beginning to see a welcomed shift in fire safety regulation. Whilst I’m sure we all agree there is still a lot more to be done, regulation and guidance is beginning to move in the right direction as we look to try and prevent events like Grenfell from ever happening again.

The new regulations focus on additional responsibilities applied to responsible persons. But before we dive in, who are "responsible persons”.

Defining ‘responsible persons’

There’s been a great deal of ambiguity around who is responsible and accountable for the safety of people in buildings. 

The government refer to a ‘responsible person’ as “the person who is responsible for the safety of themselves and others who use a regulated premises”

They also go on to say “This is normally a building owner, or in residential properties, any other person in control of the premises. The responsible person is the person on whom most of the duties set out in the Fire Safety Order are imposed”. 

This is an important distinction because ultimately, the new stipulations within the Fire Safety (England) Regulations 2022, will fall on their shoulders.

Fire Safety (England) Regulations 2022

In January this year, following phase 1 (the Fire Safety Act 2021) of the Home Office’s fire safety reform programme, we saw the new fire safety regulations come into force (Fire Safety (England) Regulations 2022). These new regulations take on the majority of the recommendations made in the first phase of the Grenfell Tower Inquiry report, published back in October, 2019.

Whilst I won’t go into granular detail regarding the depth of this new regulation, there are some standout items provided on the .gov website that will give you the gist of what’s now required, by law, of ‘responsible persons’…

• Building plans: provide their local Fire and Rescue Service with up-to-date electronic building floor plans and to place a hard copy of these plans, alongside a single page building plan which identifies key firefighting equipment, in a secure information box on site.

• External wall systems: provide to their local Fire and Rescue Service information about the design and materials of a high-rise building’s external wall system and to inform the Fire and Rescue Service of any material changes to these walls. Also, they will be required to provide information in relation to the level of risk that the design and materials of the external wall structure gives rise to and any mitigating steps taken.

• Lifts and other key firefighting equipment: undertake monthly checks on the operation of lifts intended for use by firefighters, and evacuation lifts in their building and check the functionality of other key pieces of firefighting equipment. They will also be required to report any defective lifts or equipment to their local Fire and Rescue Service as soon as possible after detection if the fault cannot be fixed within 24 hours, and to record the outcome of checks and make them available to residents.

• Information boxes: install and maintain a secure information box in their building. This box must contain the name and contact details of the Responsible Person and hard copies of the building floor plans.

• Wayfinding signage: to install signage visible in low light or smoky conditions that identifies flat and floor numbers in the stairwells of relevant buildings.

In residential buildings with storeys over 11 metres in height, responsible persons are required to:

• Fire doors: undertake annual checks of flat entrance doors and quarterly checks of all fire doors in the common parts.

In all multi-occupied residential buildings with 2 or more sets of domestic premises, responsible persons are required to:

• Fire safety instructions: provide relevant fire safety instructions to their residents, which will include instructions on how to report a fire and any other instruction which sets out what a resident must do once a fire has occurred, based on the evacuation strategy for the building.

• Fire door information: provide residents with information relating to the importance of fire doors in fire safety.

Whilst these new regulations won’t necessarily prevent future accidents and tragedies, they go a long way towards minimising the risks. With a focus on stricter maintenance schedules, information sharing, accountability and evacuation procedures, we’re moving in the right direction.

These new regulations are also likely resulting in some immediate implications. In particular, the new regulation surrounding fire doors is likely to have a knock-on effect following the Fire Protection Association’s findings in 2019 that 76% of fire doors they checked failed inspection, with 30% fully “condemned”.

It doesn’t end there…

Whilst we expect a raft of additional regulatory measures in the future, we also have some more landing in the short term. 

In October of this year, we see the rollout of phase 3 of the Home Office’s fire safety reform programme, which ultimately includes new legal provisions within section 156 of the Building Safety Act 2022. 

Here’s a segment from the .Gov website that details what’s in these provisions…

Phase 3 further strengthens fire safety in all (Fire Safety) Order 2005 (FSO) regulated premises by:

• improving cooperation and coordination between Responsible Persons (RPs)
• increasing requirements in relation to the recording and sharing of fire safety information thus creating a continual record throughout a building’s lifespan
• making it easier for enforcement authorities to take action against non-compliance
• ensuring residents have access to comprehensive information about fire safety in their building

When we look at the three phases collectively, it amounts to an extraordinary shift in the regulatory backdrop regarding fire safety.

Lessons from Grenfell

14th June, 2017 will forever live in the memory of this country as one of our darkest days. Grenfell highlighted to us all the importance of regulation, accountability, clarity of information and robust construction standards when it comes to fire safety.

Whilst this new regulation goes a long way to improving the safety of buildings, it’s not enough. Although we have a clearer view of where responsibility and accountability lies now, in reality, it’s the responsibility of all stakeholders to help ensure this doesn’t happen again. 

From manufacturers to suppliers to contractors to facilities managers to government, it’s the responsibility of all of us to put the safety and security of people at the very top of our priorities. If we don’t, we risk another Grenfell, and that simply can’t happen.