Public access to Fire Safety records

John Hosking made this Freedom of Information request to Department for Communities and Local Government

The request was successful.

From: John Hosking

8 July 2010

Dear Department for Communities and Local Government,
For the attention of Rowan Chapman, Fire Safety Policy Team,
concerning The Regulatory Reform (Fire Safety) Order (No. 1541).
My request was for confirmation the Fire Safety records,fire log
books, copies of the risk assessment and Fire Emergency plan (which
have to be kept on the premises),are documents that the public
users of a multi-storey library, are entitled to see.

Yours faithfully,

John Hosking

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From: Rowan Chapman
Department for Communities and Local Government

30 July 2010

Dear Mr Hosking

Your emails of 4 and 8 July seek to establish whether members of the
public can ask to view fire safety records (specifically fire log books,
copies of the risk assessment and fire emergency plan) for public
buildings, including libraries.

Having considered your request, it is our view that it does not fall
within the scope of the Freedom of Information Act (FoIA). This is because
the request is not for information held by the Department but rather
seeking an answer to a question; therefore the provisions do not apply.

It may be helpful if I briefly explain the legislation. The Regulatory
Reform (Fire Safety) Order 2005 (the ‘FSO’) applies to all
non-domestic premises. The legislative requirements are for a
‘responsible person’ (usually the employer, owner or occupier) to
carry out a risk assessment and to implement appropriate and adequate
measures to protect life in the event of a fire. The FSO is not
prescriptive: it allows those with fire safety responsibility the
flexibility to manage risks to as low as reasonably practical in their
buildings.

There is no statutory requirement for the ‘responsible person’ to make
available the fire risk assessment (and other fire safety records) to
those who request it - other than to the enforcing authority, which in
most cases will be the local fire and rescue authority. However, if
requested it would be for the ‘responsible person’ to consider whether
to make this information available.

As the building you mention belongs to a local authority, you may be able
to access to this information under the FoIA. It would then be for the
authority to consider whether, in the light of the exemption provisions
and public interest test, to provide it.

Yours sincerely

Rowan

Rowan Chapman
Fire Safety Policy Team
Zone 3/D1, Eland House
London, SW1E 5DU
Phone: 0303 444 2874
Email: [1][email address]

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