Fire Precautions (Amendment No.2) (Jersey) Law 201-

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

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demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

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The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 29 May 2012:

Decision Reference: MD-HA-2012-0049
Decision Summary Title :	Fire Precautions (Amendment No.2) (Jersey) Law 201-		Date of Decision Summary:	22 May 2012
Decision Summary Author:	Deputy Chief Fire Officer		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Fire Precautions (Amendment No.2) (Jersey) Law 201-		Date of Written Report:	22 May 2012
Written Report Author:	Deputy Chief Fire Officer		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Fire Precautions (Amendment No.2) (Jersey) Law 201-.
Decision(s): The Minister approved the Fire Precautions (Amendment No. 2) (Jersey) Law 201- and the accompanying report, and requested that arrangements be made for it to be lodged ‘au Greffe’ for consideration by the States before the summer recess.
Reason(s) for Decision: The Fire Precautions (Amendment No. 2) (Jersey) Law 201- will introduce the definition of a ‘responsible person’ to the principal Law. This will make it very clear which person is responsible for ensuring compliance with the Law. It also limits the validity of fire certificates to 3 years to ensure that fire safety measures within relevant premises are up to date and that the Fire and Rescue Service has accurate information on the use, management arrangements and contacts within certificated premises.
Resource Implications: Some additional staffing demands are anticipated as a result of these amendments. However, these will be met through internal adjustments in duties and responsibilities.
Action required: The Executive Officer, Home Affairs, to request the Greffier of the States to arrange for the draft Law to be lodged ‘au Greffe’ for consideration by the States before the summer recess.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Fire Precautions (Amendment No. 2) (Jersey) Law 201-

Ministerial Report

To: Senator I. Le Marquand, Minister for Home Affairs

Senator L. Farnham, Assistant Minister for Home Affairs

S. W. Austin-Vautier, Chief Officer, Home Affairs

Chief Fire Officer M. James

From: Deputy Chief Fire Officer P. Brown

Cc: Group Manager M. Maguire, Director of Safer Communities

Date: 22 May 2012

Subject: Amendments to Fire Precautions Legislation

1. Purpose

1.1 The Minister has been involved in detailed discussion with senior fire officers for some time regarding amendments both to the Fire Precautions (Jersey) Law and the Fire Precautions (Designated Premises) (Jersey) Regulations. The purpose of this report is to summarise the outcome of the technical discussions and subsequent law drafting adjustments so that the Minister may make a formal decision to lodge the proposed amended legislation and reports for debate by the States Assembly.

2. Background

2.1 The Fire Precautions Law (the “principal” law) sets out the framework for how risk to persons from fire will be controlled in certain types of premises. The main mechanism for controlling risk is to require ‘Designated’ premises to apply for and obtain a fire certificate before being put to a use defined in the law. In order for a fire certificate to be issued to premises minimum standards have to be met in such areas as fire detection and alarm, means of escape, means for securing the means of escape, fire resisting construction and compartmentation and management arrangements.

2.2 The Fire Precautions (Designated Premises) (Jersey) Regulations give effect to the principal law by designating the type of premises for which a fire certificate will be required. Determination as to the type of premises to be designated is on the basis of relative risk both in terms of the potential for a fire to occur and the consequences of that fire.

3. Amendment to the Fire Precautions Law

3.1 Under the vires of the current version of the Fire Precautions Law a certificate, once issued by a senior fire officer on behalf of the Minister, remains in force until such time as it is surrendered by a named representative of the premises or cancelled by the Minister. A general duty pertains which requires that any material alterations (structural or in relation to the use to which the premises are put) must be brought to the attention of the Fire and Rescue Service who are the enforcing authority.

3.2 The ‘Fire Precautions (Amendment No.2) (Jersey) Law 201-‘ imports two changes of particular note. The first is to introduce the definition of a ‘responsible person’ in relation to compliance with the duties set out in the fire certificate and the legislation generally. The aim of this change is to indicate very clearly in the issuing of a fire certificate the legal or natural person that is responsible for ensuring compliance with the law and the directions within the certificate. Such clarity is intended to be of benefit to the ‘responsible person’ upon whom duties are placed, others with an interest in such premises (i.e. tenants) and the enforcing authority. Experience of enforcement work in recent years has shown that, on occasion, extensive or complex governance structures (ownership and management) involving certificated premises cause confusion as to who is responsible for ensuring compliance with the law and relevant codes.

3.3 The second significant change imported in the amended law is to limit the validity of the fire certificate to a period of three years. The intention is that toward the end of each three year period the Fire and Rescue Services Fire Safety Department will contact the ‘responsible person’ and invite them to re-apply for a fire certificate should they wish to continue to use the premises in such a way that would require one. Any reapplication would require relevant records to be updated so as to assure the Service that relevant information is up to date as well as for fire safety officers to consider whether any adjustments in fire safety measures ought to be applied to the premises in light of technical research or findings relating to the performance of fire safety measures; an administration fee would apply. Under the current arrangements – where certificates are open ended – certificated premises can go many years or decades without material alteration and therefore with no need to inform the Service; in that time however, the fire safety measures can become outdated.

4. Amendments to the Fire Precautions (Designated Premises) Regulations

4.1 Under Article 2(5) of the principal law, premises used a single private dwelling do not require a fire certificate. The ‘Fire Precautions (Designated Premises) (Jersey) Regulations 201-‘ provide an updated set of occupancy arrangements which, for the purposes of the law, will be considered single private dwellings.

4.2 In addition to the above, the amended regulations introduce the definition of a House in Multiple Occupation. Premises put to this designated use will require a fire certificate. In broad terms Houses in Multiple Occupation exhibit the same fire risk characteristics as guest or lodging houses (both of which are a type of House in Multiple Occupation but are designated and require a fire certificate as ‘Guest House’ and ‘Lodging House’ respectively) but, due to the law not providing a precise definition, their existence and relative fire risk has hitherto not been considered in a legal context. The aim of the amendment is to afford the same level of protection from the risk of fire to the occupants of this type of premises as is afforded to those in guest or lodging houses where the same risk profile applies.

5. Supplementary Amendments

5.1 Both the Fire Precautions Law and the Fire Precautions (Designated Premises Regulations amendments contain minor amendments in numerous articles. Most of the amendments are as a result of the more significant changes outlined in sections 3 and 4 above and all are explained in the report preceding the legislation amendments.